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Agenda 12/02/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 2, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST t3 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 December 2, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. October 28, 2003 - Board of County Commissioners Regular Meeting C. October 29, 2003 - Value Adjustment Board Regular Meeting (Ex SERVICE AWARDS PROCLAMATIONS A. Proclamation to designate the week of December 1, 2003 as Human Rights Week in Collier County. To be accepted by Barbara Pedone, Public Information Coordinator. B. Proclamation to recognize Stuart Perry for his for his contributions to Voter Empowerment. To be accepted by Stuart Perry. 5. PRESENTATIONS Presentation by Representative J. Dudley Goodlette, Florida House District 76, in recognition of the historic significance of Roberts Ranch and its official listing by the U.S. Department of the Interior on the National Register of Historic Places. PUBLIC PETITIONS A. Public Petition request by Mr. Charles H. Gunther regarding the removal of the Gateway Triangle from the Community Redevelopment Agency. B. Public Petition request by Mr. Timothy R. Parry regarding Greater Collier Regional Medical Center. C. Public Petition request by Mr. Michael Fernandez to discuss Nicaea Academy PUD-AR-2607. Request for reconsideration of conditions approval. 2 December 2, 2003 D. Public Petition request by George Frye to discuss Naples Airport Authority Stage 2 ben efforts. 7. BOARD OF ZONING APPEALS ADA-2003-AR-4351 Anthony P. Pirss, Jr., of Woodward, Pires and Lomberdo, P.A., representing Keith and Sue Orschell, requesting an appeal to interpretation AR-4t19 by Virtue of Division 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the "A' Agricultural Zoning District for property located at 6266 Adkins Avenue in Section 12, Township 49 south, Range 25 east, Collier County, Florida. I~n~ continued from the November 18, 2003 BCC Meeting. This item requires that all participants be sworn in and ex rn=--rte disclosure be provided by Commission members. CU-2003-AR-4524, James B. Nlallese AICP, of Wireles~ Planning Services, LLC, representing Pinnacle Towers, Inc., requests Conditional Use #13 of the "A" Rural Agricultural Zoning District for the purpose of a 700-foot guyed communications tower per Section 2.6.34 of the Collier County Land Development Code. The property to be considered for the conditional use is located in Section 3, Township 51 south, Range 26 east, Collier County, Florida. This property consists of 14.55+ acres. I~m continued from the November 18, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2003-AR-4525, James B. Mallees AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., rsqueeta a variance of 690 feet from the minimum separation requirement from residential zoning of 1,750 feet to t,060 feet; a variance of 450 feet from the required maximum height limitation of 250 feet to 700 feet for towers in an agricultural zoning district; and a variance of 6 feet from the required 30-foot side yard setback to 24 feet for a single guy anchor point in an agricultural zoning district on property hereinafter described in Collier County, Florida. ADVERTISED PUBLIC HEARINGS A. Item to be continued to the January 271 2004 BCC Meeting. This item requires that all participants be sworn in and ex part. disclosure be provided b~ Commission members. PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc., and Richard D. Yovanovich, Esquire, of Goodlette, Coleman and Johnson, representing Eco Venture Wiggins Pass Ltd., rsqussting a rezone from 10.45 acre parcel from C-4 to a residential Planned Unit Development to be known as "Coconilla" PUD to allow for: A maximum of 95 residential units on +1- t0.02 acres of developable area for a resulting density of 9.5 dwelling units per acre, specifically including a residential tower at a building height not to exceed 21 stories over parking (maximum of 225 feet above the required flood elevation and in accordance with the provisions of Section 2.6.3.1 of the Collier County LDC), town home units, and a marina besin with 52 boat slips and customary accessory uses, including a publicly accessible 3 December 2, 2003 ship's store and marine fueling station of approximately 5000 square feet of commercial space; and, a +1- 0.80 acre public use tract providing for additional public vehicle and boat trailer parking to provide: Support for Cocohatchee River Park, access to the marina ship's store, and egress to Vanderbilt Drive for park patrons to allow for safe egress via a protected northbound turning movement at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive for property located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road in Section 17, Township 48 south, Range 25 easL Item continued to the January t3, 2004 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-03-AR-4008, C. Laurence Keessy, oT Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" (Planned Unit Development) for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US 41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8 and 9, Township 49 south, Range 25 east, Collier County, Florida. Item continued to the January 13, 2004 BCC Meeting. This item requires that all pertic!pants be sworn in and ex parte disclosure be provided by Commission members. Petition DOA-03-AR-4777, C. Laurence Keesey, oT Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting an amendment to the Pelican Bay Development of Regional Impact (DRI), to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling unite for property located at the northwest quadrant of the intersection of Tamiami Trail (US 41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8, and 9, Township 49 south, Range 25 east, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS 10. COUNTY MANAGER'S REPORT A. Approve a Tourist Development Tax Category "A" Funding Policy for beach renourishment and beach park facilities. (Jim DeLony, Administrator, Public Utilities Division) 4 December 2, 2003 Review staff recommendations for further assessment of alternative administration of the Collier County Airport Authority and ordinance revisions and provide direction. (Winona Stone, Assistant to the County Manager) Item continued to the December 16, 2003 BCC Mestina. Provide information to the Board of County Commissioners on hours of operation for construction activities including excavating operations. (Joseph K. Schmitt, Administrator, Community Development) Approve a resolution to authorize the Collier Mosquito Control District to expand boundaries further into the Golden Gate Estates. (John Dunnuck, Administrator, Public Services Division) 11. PUBLIC COMMENTS ON GENERAL TOPICS t2. COUNTY ATTORNEY'S REPORT Approval of settlement agreement and mutual release involving litigation in Collier County v. Naples Geriatric Properties, LLC AKA Summer House Case No. 03-229-CA in the Circuit Court of the Twentieth Judicial Court. Approval of Settlement Agreement and Mutual Release between Collier County and Colleen Macort and Access Now, Inc., in reference to Case No. 2:03-cv-109-FTM-29SPC that is now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 5 December 2, 2003 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Proposed budget amendment to allow a net transfer of $3,652,700 from Community Development and Environmental Fund 113 Reserves to the Fund 113 Software System Replacement Project. 2) Approval of a resolution to adopt a policy for the approval of funds for payment or reimbursement of travel expenses for official tourism business. 3) Proposed amendment to Resolution 2003-340 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Indian Wells Golf Villas". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. s) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Ventura, Phase One". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 6) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Ventura, Phase Two". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 7) Request to approve for recording the final plat of "Chase Preserve First Replat", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 8) Request to approve for recording the final plat of "Summit Place in Naples, Phase I", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 9) Approve an agreement to accept a 100% reimbursable artificial reef- monitoring grant in the amount of $3,500 from the Florida Fish and Wildlife Conservation Commission. 10) Petition CARNY-2003-AR-5043, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the Annual "Snowfest" Carnival on December 6 and 7, 2003, at the Golden Gate Community Park located at 3300 Santa Barbara Boulevard. 11) Petition CARNY-2003-AR-5058, Sandra Ramos, Program Leader, Collier County Parks and Recreation, requesting a permit to conduct the 10~ Annual "Christmas Around The World" Carnival on December 13, 2003, at the Immokalee Sports Complex located at 505 Escambia Street. 6 December 2, 2003 12) BOARD OF COUNTY COMMISSIONERS ACTING AS COMMUNITY REDEVELOPMENT AGENCY. Approve the rescinding of the $329,046 Community Development Block Grant (CDBG) funding that was to be used for Stormwater Management and Infrastructure Project on Linwood Avenue within the BayshoralGateway Triangle Redevelopment Area, the termination of the CDBG Agreement due to inability to meet the grant deadline for the expenditure of funds, and the attached resolution. B. TRANSPORTATION SERVICES 1) Recommendation to award Bid #03-3572 - "Bayshore Bridge Beautification Project Phase 2" to Thomas Marine Construction Inc., in the amount of $297,400 and authorize any budget amendments required. 2) Approve a budget amendment to reallocate funding for the Rural Safety Refuge Shelters Project that was approved in FY03 in the amount of $135,125. 3) Board approval of Adopt-A-Road Program agreements at the Board of County Commissioners meeting on December 2, 2003. 4) Board approval to reject bids received under Bid ~03-3512 "Real Estate Appraisal Services", and approve continuation of services for real estate appraising under RFP ~01-3204. C. PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the t991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record lien. 2) Adopt a Resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record lien. 3) Adopt a Resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record lien. 4) Adopt a Resolution approving the Satisfactions of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Aesesamente. Fiscal impact is $22.50 to record the liens. 5) Authorization to execute and record Satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $22.50 to record the Satisfactions. 7 December 2, 2003 6) 7) Recommendation to award Bid #04-3573 - "Annual Contract for Emergency and Scheduled Sewage Hauling" to Southern Sanitation Inc., in the estimated amount of $150,000. Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $66.00 to record the liens. D. PUBLIC SERVICES 1) Recommendation to direct the County Attorney to draft an ordinance to create an Animal Services Advisory Board. 2) Approve budget amendments totaling $34,016 to move United Way 4-H Foundation Grant Funding from the General Fund to the Miscellaneous Grants Fund. 3) Authorize the Chairman to sign two State of Florida Emergency Medical Services Matching Grant Applications in the amount of $77,171.10. E. ADMINISTRATIVE SERVICES Approve to purchase vehicles and equipment from Bid ~03-11-0825 and Bid ~q)3-04-0828 as coordinated by the Florida Sheriff's Association, the Florida Association of Counties, and the Florida Fire Chief's Association. 2) Recommendation to award RFP No. 03-3551, a contract for cellular communications services and equipment (estimated value $280,000). F. COUNTY MANAGER AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) 2) Commissioner Coletta's request for approval for payment to attend Pre- Legislative Delegation Luncheon. Commissioner Henning's request for approval for payment to attend Pre- Legislative Delegation Luncheon. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 8 December 2, 2003 17. K. COUNTY ATTORNEY 1) Approve the stipulated final judgment relative to the acquisition of Parcel 174 in the lawsuit styled Collier County v. Michael S. Combs, et al, Immokalee Road Project No. 600t 8. 2) Approve termination of agreement between AEC National Inc., and Collier County (Contract No. 98-2867 Design Professional Services Agreement- Naples Jail Center) and declare a valid public emergency and waive the competitive selection process for retention of replacement consultente. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This it~,,-~ requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Request by William L. McDaniel for ~ Conditional Use re-review of CU-00-11, Longan Lakes Excavation, for property located at 7000 Big Island Ranch Road, further described as Section 25, Township 47 south, Range 25 east, Collier County, Florida. B. It~,~ continued from the November 18~ 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-3906 St. Paul's Antiochian O~;~odo~ Church, requesting Conditional Uses 7, 11 and 16 in the "A" Rural Agricultural with Mobile Home OveHay (A-MHO) Zoning District per LDC Section 2.2.2.3.7, to allow a church/place of worship, a child day care center and an assisted living facility on 8.3+ acres located on the west side of River Road, abutting the south side of lmmokalee Road in Section 30, Township 48 south, Range 27 east, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition DOA-2003-AR-3911, William R. Vines of Vines and Associates, requesting an amendment to the Tollgate Commercial Center, a Development of Regional Impact (DRI) in order to extend the life of the development order from December 30, 2002 to December 29, 2007, for property located in the southeast quadrant of 1-75 and Collier Boulevard, further described as Tollgate Commercial Center, in Section 35, Township 49, Range 26 east, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 9 December 2, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 2, 2003 Item 6A continued to December 16, 2003 BCC meetinq: Public Petition request by Mr. Charles H. Gunther regarding the removal of the Gateway Triangle from the Community Redevelopment Agency. (Petitioner request.) NOTE: Item 6C: The County's reconsideration ordinance requires a member of the Board to request an agenda item to consider a reconsideration of a prior agenda item under the "Board of County Commissioners" part of the agenda. This act, if requested, must be done at the start of the meeting. (David Weigel, County Attorney.) Item 8B was continued to the January 13, 2004 BCC meeting and is further continued to the January 27, 2004 BCC meeting. Petition PUDZ-03-AR-4008, C. Laurence Keesey, of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" (Planned Unit Development) for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8 and 9, Township 49 south, Range 25 east, Collier County, Florida. (Staff request.) Item 8C was continued to the January 13, 2004 BCC meeting and is further continued to the January 27, 2004 BCC meetin.q. Petition DOA-03-AR-4777, C. Laurence Keesey of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting an amendment to the Pelican Bay Development of Regional Impact (DRI), to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number of residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8, and 9, Township 49 south, Range 25 east, Collier County, Florida. (Staff request.) Move Item 16(A)2 to 10E: Approval of a resolution to adopt a policy for the approval of funds for payment or reimbursement of travel expenses for official tourism business. (Commissioner Henning request.) Move Item 17A to 7D: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Request by William L. McDaniel for a Conditional Use re-review of CU-00-11, Longan Lakes Excavation, for property located at 7000 Big Island Ranch Road, further described as Section 25, Township 47 south, Range 25 east, Collier County, Florida. (Commissioner Halas request.) NOTE: Item 17B: Page 2, Planning Services Staff Recommendations, delete conditions 6 and 7 and add condition 6. "There shall be an exotic vegetation removal, monitoring and maintenance plan that when implemented will maintain the site exotic-free in perpetuity. The plan shall be submitted to Department of Zoning and Land Development staff for review and approval as part of the site development plan submittal"; condition 7, "Should the parcel to the east develop before the subject parcel, the subject parcels access point shall be re-designed to align with the access point for the parcel to the east." And condition 8, "The childcare program shall take place in facilities located at the center of the subject site." (Joseph Schmitt, C.D.&E.S. Administrator.) TIME CERTAIN ITEMS: Item 10D to be heard at 1:00 p.m. Approve a resolution to authorize the Collier Mosquito Control District to expand boundaries further into the Golden Gate Estates. PROCI. AtI~A TION on February I I, 2005, the Collier County &~d of Commi~ionert e~-tablished the Community Relations -rn/ormat/o~ and Referral Service to assist county residents threu~h re£errel; and, this new service addr~e~ discrimination complaints £rem residents o£ the catty in tM area~ of emptmymm4rk, housing, l~blic accommmdatian and the Whi~tle B/ower~3 Act; and, Coil/et County ha~ initiated a marketin~ campaign to promote t~'~ service and to educate the r ,s/dents a£ ~ c~niW th~h ~lic Yo~ms, Chan~l 11/16 ~r~mi~, fl~ and b~h~, ~eb site /n~o~aHon, ~M~/c new~ ~lease~, ~he creW/on o~ a I~ un[~ ~ ~h/s se~ce, c~ac~ w/~h commun/~ leade~ and a de~atsd ph~e i/~ ~o ~e/ve call~ Y~m conce~ed c/dze~; a~, WHEREAS, Collier County remains in constant contact with local and state officials of the F/or/da Commisdon on Human Relation~ to assure county ~iden~ that ~ mo~ acm~ i~aN~ it availab~; and, ~YHEREA$, 14/HEREA$, NOI4t THEREFORE, .b~. it proclaimed by the Board of Counf) countY~orida, that'the week o£.Oecember 1, complaints_ have and have been addressed :~! ':'~nd geYemral Ser~dce ~af£ and ~eferr~d. ~0 ~e app~p~a~.~$ for dete~l~n and/~~ di~sido~.' ~d, - ' o{ Co/i/er : designated HUM~ RZ6/4T$ WEEK IN COIZg'. ER ' DOIVE AND OROEREO TI~$ ,~ CO~&IIXS$~OIVER$ FLORIOA TOtA HENNING, CHAIRA4AN Dw-rG/-17' ~. BI~OCK, CLERK PROCLAMATION WHEREAS: Stuart Pe~ry began his awareness program from Americas. Georgia, eight years ego: and, WHEREAS: Stuart organized a three month :t,O00 mile walk fram Americus, Georgia, to Chicago. Illinois, to the American Medical Association to remove the stigma of mental illness and depression; and, WHEREAS: Stuart has been asked to speak as a Mental Health and Voter Empowerment Advocate in forty-five states, with an invitation to address an international meeting in Munich, Germany; and, WHEREAS: Stuart has been recognized by the National Mental Health Association with the Clifford Beers Award in 2000; and, WHEREAS: Stuart has received endorsements fram former President Jimmy Carter and former First L~cly Rosalynn Carter and Millerd & Linde Fuller, co-founders of Habitat for Humanity; and, WHEREAS: Stuart received for outstanding and, WHEREAS: WHEREAS: WHEREAS: NOW THEREFORE: ':be it Collier County,_ for n,s conl~ibuti~ the county's commitment. Stuart wes .invi:te¢[~ ~peak to Sessions of the Georgi~i:~ate House and'~=ene?e; $~. Las implemented ?~aining faF Va? in ~i'~i'~ith attendance fram the L~tates of New ~Tersey;: Wisconsin, and North' ond Sotrth ~ng individuals to feel self-sufficient 'in exercising ~heir Hght to the democratic process at.the polls;-and, the'Bo~rd of County- Commissioners, the SuperviSOr' ~:~Elections. as 'we-il~ as the Collier County community, do herel~;:;-,~ognize Stu~rt~s-achievements. ~ommissioners of ~;eceive recognition and that he accepts gratitude for this DONE AND ORDERED THIS 8"~ bAY OF DECEMBER ZOO3 BOARD OF COUNTY COMMI$STONERS COLLIER COUNTY, FLORIDA ATTESTED DWIGHT E. BROCK, CLERK TOM HENNZN~, CHAIRMAN AGE~c~TEM ~o. -~ DFC 02 003 COl l IER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 * Fax 239-774-4010 November 18, 2003 Mr. Charles H. Gunther 2448 Bayside Street Naples, FL 34112 Re: Public Petition Request Regarding the Removal of the Gateway Triangle from the Community Redevelopment Agency Dear Mr. Gunther: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 2, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiri.es by ~uo~u members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, r>~lames V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. Please print Name: Address: ~CEIVED ~ ~ ~ Request to Speak under Public Petition N0¥ ] g 2003 ACTION Charles H. Gunther supported by attachment~k~A'' & "B" 2448 Bayside Street Naples, FL 239 248-1394 34112 Phone: Date of the Board Meeting you wish to speak: December 2, 2003 Please explain in detail the reason you axe requesting to speak (attach additional pa~e if .... : .necessav'y)z- This is a grass roots effort to remove the Gateway Triangle from the Community Redevelopment Agency and create a new District gQ be known as the "Freedom Triangle". This neighborhood can be better represented as a separate District apart from the Bayshore District. These two are divergent areas with separate problems. This is also an effort to be recognized as the "Freedom Trianqle"the name by which we are commonly known in this neiqhborhood. please see attached sheets... Please explain in detail the action you are asking the Commission to take (attach additional page if necc The Collier county CRA Was created by the Commission under S.R. t63.356. It is within the powers of the Commission to Sunset and/or create distinct Districts within the CRA. I therefore would like the Commission to consider A. Option 1 and/or Option 2 as noted on attached sheet. n_ T Would like the Commission to recognize the neighborhood' name "Freedom Trianqle" as outlined on the attached sheet. This would be mute point if A. Option 1 and/or Option 2 were chose ~. ~2(~tt~l~M DEC - 2 PETITION Petitioner: Charles H. Gunther supported by Attachments "A" and 2448 Bayside St. Naples, Florida 34112 239 248-1394 To: Board of County Commissioners In the County of Collier 3301 Airport Pulling Road Naples, Florida 34112 Re: A. Option 1: To remove altogether the area designated as the "Gateway Triangle" and contiguous areas from the present Community Redevelopment Agency (CP,~). Option 2: To separate the Bayshore/Gateway district of the CRA into two separate Districts with the Gateway area renamed as the "Freedom Triangle"with two separate Advisory Boards, one for the Bayshore District and one for the Freedom Triangle District. B.To have the area with the boundaries of Davis Boulevard, Airport Road, and U.S. 41 (Tamiami Trail) recognized as the "Freedom Triangl ~ -,~ ,os, J~~ DEC - 2 2003 Option A. 1 and A. 2 are based on the fact that these are two distinctly separate and divergent areas. The Triangle is very simply but very definitely geographically delineated by Airport Road, Davis Boulevard, and U.S. 41 (Tamiami Trail). Our wastewater problems are separate from the Bayshore Wastewater problems as they are basically two separate systems. The Triangle is landlocked whereas the Bayshore area has Bay or Bay inlet frontage creating distinctly different problems. The Triangle is Commercial on almost all three boundary roads with more Commercial and Light Industrial within the Triangle. The Bayshore area basically has only Bayshore Drive zoned Commercial. There is also an established residential area in the Triangle but the Bayshore area has their residential areas separated by Bayshore Drive and the Gated area of Windstar Country Club. The Triangle has created a cohesive neighborhood that is most generally united in their views. The Freedom Triangle is truly a grass roots area. The Residential and Commercial groups can work together in a complimentary manner. Redevelopment can best be achieved by separating the Bayshore/Gateway areas. Part B. of this petition is an outcry from the grass roots to be recognized and to be given the pride bacl :to ~o. o c- forward as a cohesive neighborhood both Residential and Commercial working together..We only ask that the Freedom Triangle be given the respect that the taxpayers of this County all deserve-let us work with the County. We should also mention that the name "Freedom Triangle" came from within the neighborhood with the input of the people prior to 9/11 as noted on our petition sheets. The petition sheets were started on August 28, 2001. That's 8/28. That is just a short time before the events of 9/11, but demonstrates that we were definitely not taking advantage of a very unfortunate event in history. PETITIONBCC.doc D~C - 2 2003 P= LLI L.LI Freedom Triangle Association Freedom Triangle Association 2448 Bayside St. Naples, FL 34112 941 774-6662 cgclean@mediaone.net August 28, 2001 Collier County Commissioners; CRA Board 3301 Tamiami Trail East Naples, FL 34112 Cc: Pam Mac'Kie Donna Fiala, Jim Carter, Jim Coletta, Tom Henning, and Co. Mar. Tom Olliff Our Association would like to have the name "Gateway Triangle" officially changed to ~Treedom Triangle". This is a neighborhood with very definite physical boundaries being U.S. 41 East, Davis Blvd., and Airport pulling Road South. We have a neighborhood that has been overlooked for many, many years. Now we have been given a name with no meaningful input from the people of the neighborhood. Then to add insult to injury the people of this County have been told that the people here have no pride in our neighborhood. This simply is not so. To arbitrarily give us a name without our input should be enough to remove any pride that we may have. The name "Gateway" is used in this area off' Interstate 75 (Exit 21) for a large development. The name "'Gateway Plaza" is used on U. S. 41 at Golden Gate Parkway. The Gordon River Bridge is supposedly going to be the "Gateway Bridge". We cannot envision our area with the "Gateway" Computer black and white cow motif as a facade down our three main roads. Many of us feel that "Gateway" is a place to pass through and not a destinati ,m. q'h;~ . _ alone is not conducive to good business for our commercial area. ~i~.Ni~ ~I"i"~..M DEC - 2 2003 p=, On the other hand, 'Treedom" inspires pride. It is a name that is used elsewhere in the greater triangle. The greater triangle again is the area between U.S. 41, Davis Blvd., and Collier Blvd. (951). On the South East corner of that triangle we now have "Freedom Square" shopping plaza. The North East Corner has "Naples Heritage" a very fine community. In that same triangle are the "Freedom Horses" at the entrance to Lely Resort. In the Freedom Triangle area we now have three Veterans organizations. They are the Naples Memorial VFW Post #7369 on Linwood Ave., The Hardee Mills American Legion Post #135 on U.S. 41 East and the Archie Turner AMVETS Post #23 on Bayshore Drive. All of these fine Vbterans groups represent men and women who ~'ought for our freedom. "Freedom "is what they deserve. We don't believe "Gateway" is a name to instill pride. ''Freedom Triangle" is a name that instills pride. Freedom is our Heritage! What better way to pull East Naples together, a theme in the name of "Freedom" By the way, the name of the Boulevard that leads into "Freedom Square from both U.S. 41 and CR. 951 is Triangle Blvd. Just another piece in the puzzle. In summation, we the people beseech you to please put our request for a neighborhood name change from "Gateway Triangle" to "Freedom Triangle" on your next agenda and of course we would love your full support in this matter. Chuck Gunther // /( President, Freedom Triangle Association r reeuom · rlill]l~ie Neighborhood Name Petition Form We, the undersigned, as Property Owners, Renters, and Supporters of the neighborhood bordered by U. S. 41, Davis Blvd. and Airport l:hfiling Road, and contiguous properties, which is commonly known as the Freedom Triangle, do hereby request that this area be officially recognized as the Freedom Triangle. Please list addresses in petition area. Please designate if owner, renter, or supporter. Date Name (please Print) Adds~ Signatm'e Own Rent DEC - 2 2003 COI LIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 November 21, 2003 Mr. Timothy R. Parry Senior Vice President & General Counsel Health Management Associates, Inc.\ 5811 Pelican Bay Boulevard, Suite 500 Naples, FL 34108 Re: Public Petition Request Regarding Greater Collier Regional Medical Center Dear Mr. Parry: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 2, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Pl6ase be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. /~~ _erely, _ County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. AGENi~ iTEM No. DEC - Z 2003 HEALTH MANAGEMENT ASSOCIATES, INC. 5811 Pelican Bay Boulevard, Suite 500 Naples, Florida 34108-2710 239/598-3176 (p) · 239/594-7368 (f) hmagc@corp.hma-corp.com Timothy R. Parry Senior Vice President and General Counsel ACTION FILE NOV 2 f 2O03 November 20, 2003 Mr. Jim Mudd County Manager Collier County Government Center 33o~ Tamiami Trail East Naples, FL 341m Re: Public Petition Request Greater Collier Regional Medical Center Dear Mr. Mudd: On August 28, 2003, an application for public hearing for a rezone to PUD was flied with Collier County. Development Services staff for the Collier Regional Medical Center. The 6o-acre site is located on the east side of Collier Boulevard, approximately three miles north of U.S. 41, and is proposed for development of a hospital and medical office related uses. The addressing section within the department indicated a rejection of the project name for the following reasons: Collier is overused and there is already a Collier Medical Center. The project name is duplication as per Ordinance 99-76. The project name is overused as per Ordinance 99-76. A follow-up meeting was held with the Community Development Administrator in an effort to have the staff decision reversed. The applicant explained that the name of the facility was tied to the Certificate of Need process, which had been ongoing for well over a year, and it was important to keep the name in tact. The Administrator informed the applicant that the only way to achieve the use of the requested name was for the applicant to petition the Board of County Commissioners. We respectfully request the opportunity to petition the Board of County Commissioners at their meeting scheduled for December 2, 2o03, :e, No. DEC - pg. Mr. Jim Mudd November 20, 2003 Page 2 exception to the addressing ordinance for the use of the name "The Greater Collier Regional Medical Center." Thank you for your consideration, and please contact me should you require further information. We look forward to your response. Sincerely, Timothf~ R. Parry //- -.-; Senior Vice President &~General Counsel /jet No. DEC - 2 2003 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiarni Trail · Naples, FL 34112 · 239-774-8383 * Fax 239-774-4010 November 21, 2003 Michael R. Fernandez, AICP Planning Development, Inc. 5133 Castello Drive, Suite #2 Naples, FL 34103 Re: Public Petition Request to Discuss Nicaea Academy PUD-AR 3607. Request for Reconsideration of Conditions of Approval Dear Mr. Fernandez: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 2, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries .by Board members. If you require any further information or assistance, please do not hesitate to contact this office. .../'James V. Mudd County Manager . JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. No.~ / /' 8EC - 2 2003 p~ ~ENT BY: PLANNINB DEVELOPWENT INCORPORAT~ ~3g ~83 8§34~ NOV-~t-03 t:03PW~ PA~E 1/3 PLANNING DEVELOPMENT INCO D November 21,2003 Mr. James V. Mudd Collier County - County Manager 3301 E. Tamiami Trail Naples, Florida 34112 via lhcsimile: 7744010 - 3 pages Request for Reconsideration of Conditions of Approval Nicaea Academy PUD - AR 3607: Board of County Commissioners: PI)I PN: 03.0[028 Dear Mr. Mudd, Please be advised that our client, Mr. Jacob Nagar, is thc contract purchaser of the Nica,~ Academy PUD parcel which was subject to a public hearing to rezone the subject property this past Tuesday, November l 8, 2003. We have received an executed letter of authorization to represent the current land owner's interest and have submitted the letter to Fred Reichl via facsimile this morning, the County's assigned project planner for the petition, and have attache~ a copy here for your ease of review. The reconsideration request is made, in part, to address the approval's stipulated access provision from Tree Farm Road. A misunderstanding led the Commissioners to believe that the Nicaea Academy pas~el enjoys legal access to this private driveway. Although our client is attempting to ob 'rain legal access fi.om this driveway to meet the request of County Transportation Staff and acknowledged good planning, this legal access has not be~ obtained. Therefore, the petitioner needs to provide for direct access llx)m Collier Boulevard (CR 951) until such time that this more desirable access is obtained or otherwise becomes available to the petitioner. Pefition~n' can agree to abandon this direct access in favor of the preferred access at such time, but the parcel cannot be left without legal acce,~ in the interim. PI_ANN-ING DEVELOPMENT IlqCO]LPOKATED ~133 C-~s;elk~ ['hfve, Suilc 2, Napl~, Florida 34103 Additionally, the petitioner is seeking to address certain other approval stipulations which the petitioner believes merit either further consideration or clarification prior to incorporating the stipulation or PUD text revisions within governing ordinance documents, including the phasing limitation placed on the approved density ofonly 2.1 units l:rcr acre, or 250 m i~a .... A(3F. NDR ITEM No. ('_. _ DEC - 2 2003 Po. Development Con~lum~ F.~$1~ and Plsmnz~ Landacape A~ltitect.~ Office: 941/263-693~ t:ax; 941/~d~.%6981 Regi~tra6oe: I~0000378 SENT BY: PLANNING DEVELOPMENT INCORPORAT; 239 263 6934; NOV-21-03 1:04PM; PAGE 2/3 Wc respectfully request that this matter Ix: placed on the agenda for thc Board's schcdulexi I)ecembcr 2, 2003 meeting arid thank you in advance for your attention to this request. Sincerely yours, PLANNING DEVELOPME'NT INCORPORATED Michael R. Fernandez, AICP President Jacob Nagar Barton Mcl. ntyre Attachment: Letter of Authorization dated November 20, 2003 '-AGEND~rrEM" i No. ('~ ~ DEC - 2 2003 SENT BY: PLANN[NB DEVELOPMENT ZNOORPORAT; 239 283 6934; NOV-21-03 1:04PM; PAGE 3/3 LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fcc simple title holders and owners of record of property proposed to be known as Nicaea, Academy PUD , and legally described as follows: PLEASE SEE ATTACHED EXHIBIT "A" The property described herein is the subject of an application for Planned Unit Development (PUD) Amendment and subsequent development orders within Collier County. We hereby designate J¢cot~ Naear. and M'whael Fernandez o£ Plannimt Development l, ncort~orated as thc legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain development permits from Collier County. -Authorized Signature Barton McIntyre STATE OF COUNTY OF ~p.wor~ to (o~ ~Xm'4) and s~bs~ri~d bet'o,'e ~ ~i~~y of ~~ , ~00~ ~y <~ ~ (J a~ V ~ ... _, who is personally ~om to me or who ~ produ~ ~ idenfifi~fion. ~ ~blic My Commission ExPires: Name typed, printed or stamped No. C,, ~ _ BEC - 2 2003 11--2~--O~; ,~ENT gY: PLANNIN~ DEVELOPIvlENT INCORPORAT; 239 283 ~934; NOV-2~-03 9:2~AI11; PAaE t/2 PLANNING DEVELOPMENT INCORPORATED November 21, 2003 Mr. Fred Rcischl Collier County Planning Services 2800 N. Horseshoe Drive Naples, Florida 34104 via Ihcsimile: 213-2916 - 2 pages P4ieaem Academy PUD - AR 3607 IN: 03.01021 Dem- Mr. Rei~hl: As you know, this item was heard belbm the Board of County Commissioners on Tue.~lay, November 18, 2003. Please 'allow .is corr~pondence to confirm that our firm, Planning Development Incorixwatoat, relne~n~ tim interests of Mr. Jacob Nagar, the conW,~t pmv..hascr of the subject property. And we have enclosed for thc record, a Letter of Authorization ~gned by the property owner to allow Mr. Nagar and our firm lo represent them to Collier County. We are seekinE a reconsideration by the Board of Commissioners, in pm'r, to address the Tree Farm Road accav~ provisions. The petitioner does not currently own or control that roadway, lherefore, the project has no legal means of a~¢ess. Upon your receipt and review, should you haw: aay questions or Tequire 'additional information, please do not hesitate to contact our office. SinecrcJy yours, PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP President Enclosure: Leller of Aulhorizatiofl cc: Jacob Nagar PLANNr~G DEV~.,OPMEI~'T INCORPORATED 5133 Cm~tc~lo Driv~ Suim 2. N~le~, Rovi~ 34103 Of'flcc: 941 / IZnginee~ ~nd Pl~m~ 941 / 2634981 DEC - 2 2003 / Re gis.~r~ion: SENT EY: PLANNINO DEVELOPMENT INCORPORAT; 239 263 6034; NOV-2t-03 9:2tAM; PAGE 2/2 LETTER OF AUTIIORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of property pwposcd to be known as Nicaea Academp PUD and legally described as follows: PI.EASE SEE ATTACHED EXffIBIT "A". 'lhe property describ~ herein is the subject of an application for Planned Unit Development (PUD) Am~dment and subsequent ~velopment ord~s within Collier County. We hereby designate yn_cob Nagar, and Michael Fernander. of Planning Development Incorporated as thc legal representatives of the property and as such, these individuals arc authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of' applications, plans, surveys, and studies necessary to obtain dcvclopmeat permits from Collier County. Authorized Signature Barren Mclntyre STATE OF COUNTY OF ~wom to (or lfffi~ned,) and subscribed before me this ~2/-) day of ,2003 by ~ &"t ~4v'~d , who is persona~ly 'known to me or who has produced as identification. Name typed, primed or stamped - z 2003 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail * Naples, FL 34112 · 239-774-8383 * Fax 239-774-40t0 November 24, 2003 Mr. George Frye PO Box 9865 Naples, FL 34101 Re: Public Petition Request to Discuss Naples Airport Authority Stage 2 Ban Efforts Dear Mr. Frye: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 2, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~- --'~J'ames V. Mudd County Manager JVM/jb cc: David VVeigei, County Attorney VVinona Stone, Assistant to the County Manager bodineiudi From: mudd_j Sent: Fdday, November 21, 2003 5:46 PM To: bodinejudi Subject: FW: Stage 2 Judi, Get a letter out Monday to this gentlemen to petition on T~anks, Jim ..... Original Message ..... From: henning_t Sent: Friday, November 21, 2003 5:32 PM To: mudd_j Subject: FW: Stage 2 2 DEC. ..... Original Message ..... From: George Frye [mailto:gfrye67@hotmail.com] Sent: Friday, November 21, 2003 4:29 PM To: henning_t; coletta_j; CoyleFred; fiala_d; HalasFrank Cc: natua A?F@ho[mait.com Subject: ~tage 2 Dear ComMissioners, i was at the board meeting on Tuesday and had intended to speak against the recuest from the Naples Airport Authority. I didn't speak because I understood the chair to say that the petition items would have no public comment and that they would be placed on a future agenda for consideration. In the Naples Daily News today that the Commission has decided to support the Naples Airport Authority in their Stage 2 ban efforts. There are a number of issues with the Stage 2 ban that are having a significant impact on Collier County res4~ents including but not limited to the loss of federal funding. Since the Commission is also considering various options with the county airports, I think you should reconsider your position. There are many facts and factors which you may not have considered. I would like to petition the Commission to reconsider your action in this matter. How can I do this? My name is George Frye. I am currently employed by an FBO at the Naples Airport. I have a number of years working in aviation, commercial as well as general. I believe what I have to say is important and urgent. Regards, George Frye PO Box 9865 Naples, FL 34101 352-2453 home 398-9104 cell DEC - 2U03 EXECUTIVE SUMMARY ADA-2003-AR-4351 ANTHONY P. PIRES, JR.,OF WOODWARD, PIRES & LOMBARDO, P.A., REPRESENTING KIETH AND SUE ORSCHELL, REQUESTING AN APPEAL TO INTERPERTATION AR-4119 BY VIRTUE OF DIVISION 1.6 AND SECTIONS 2.7.3.5.2.2., 5.3.2.1. AND 5.3.2.2. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), FOR REPLACEMENT OF A MOBILE HOME IN THE "A" AGRICULTURAL ZONING DISTRICT FOR PROPERTY LOCATED AT 6266 ADKINS AVENUE IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA OBJECTIVE: The objective of this Executive Summary is to provide the Board of Zoning Appeals (BZA) with all the relevant information regarding the above referenced matter, and to establish a complete record for consideration by the Board in rendering a determination. CONSIDERATIONS: Section 1.6.6. of the Collier County Land Development Code (LDC) establishes a procedure for appeal of an official interpretation of the Planning Services Director. In accordance with Section 1.6.6. the Board of Zoning Appeals shall adopt the Planning Services Director's interpretation, with or without modifications or conditions, or reject the interpretation. The Board of Zoning appeals is not authorized to modify or reject the Planning Services Director's interpretation unless it finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the Growth Management Plan, the Future Land Use Map, the Land Development Code or the official zoning atlas, or building code, whichever is applicable. On May 1, 2003, staff received a request for an official interpretation of the Collier County Land Development Code (LDC) submitted by Anthony P. Pires, Jr. of Woodward, Pires, & Lombardo, P.A., representing Keith and Sue Orschell (Exhibit "A"). Once an official request has been deemed complete, the LDC requires that within 45 days, the Planning Services Director must issue the interpretation. The official interpretation, rendered on May 13, 2003, was advertised in the Naples Daily News (Exhibit "B") and property owners within 300 feet of the subject site were notified (Exhibit "C") in accordance with the procedures established in Division 1.6.6. of the LDC. The request for interpretation focuses on the legality of building permit number 2003010885. This building permit is for the replacement of a mobile home in an Agricultural Zoning District. The request is for a formal interpretation contending that the new replacement mobile home is not authorized or legally appropriate on the subject property. A copy of the Planning Services Director's Official Interpretation Letter is attached (Exhibit "D"). In preparing for the rendering of this interpretation, I reviewed and relied on the following documents (in addition to those cited elsewhere in this executive summary): ,~,IlI~DA IID, n ..... DEC 0 2 2003 ADA-2003-AR-4351 Pa 1 of 5 n. / Document Date(s) Exhibit Amended Appeal submitted by June 24, 2003 "E" Anthony P. Pires, Jr. 1993 "F" Sectionl.8.11. "lmprovetnents or additions to nonconforming mobile homes" of Collier County LDC Ordinance 93-89 Building Permit Number 71- January 10,1971 "G" 494 Building Permit Number October 27, 1997 "H" 97100520 October, 2002 'T' Plot plan submitted with Building Permit Application Letter submitted by Maureen Schoch owner of subject replacement mobile home, dated May 5, 2003 in response to Interpretation request May 5, 2003 The official interpretation (Exhibit "D") sets forth in detail the rationale used in ma, aing this interpretation. In summary, my interpretation is as follows: The Collier County Land Development Code addresses nonconformities in Division 1.8. Within this Division, a Section exists, Section 1.8.11., which specifically addresses nonconforming mobile homes in the Agricultural Zoning District only. The Section addresses nonconforming mobile homes that contain a conforming use and their replacement within the Agriculture District. The improvement or addition must meet the setbacks of the district. This is a departure from the manner in which the LDC treats all other nonconforming structures. All other nonconforming structures addressed by the LDC cannot increase or enlarge their nonconformity. The LDC allows a distinction for mobile homes in Agricultural Zoning Districts, only requiring that the setbacks for the Agricultural Zoning District are met. Also, the Section qualifies the type of mobile homes to which this Section applies, as those that contain conforming uses. For the purpose of this Section, a conforming use is limited to that of a residence. This Section does not protect mobile homes used for other uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Community Development and Environmental Services Division to meet both of these qualifying requirements of use and dimensional compliance. ADA-2003-AR-4351 Pa~ A(~A ITIF. M DEC 0 2 2003 2of5 Subsection 1.8.11.1.1. addresses the specific submittal requirements for a mobile home replacement, which are a site plan and a copy of the building permit for the mobile home being replaced. To obtain Building Permit number 2003010885 for 6167 Adkins Avenue, Maureen Schoch, the owner of the property, submitted the required plans for the property as well as the required proof of original building permit. A plot plan (Exhibit 'T') for the property showing the location of the replacement mobile home and its relationship to the parcel boundary lines and other structures was submitted with the building permit application in accordance with the regulations. The original building permit for the location was issued on January 10, 1971, under permit number 71-494 (Exhibit "G"). This original building permit date of issue establishes the mobile home at the location as a permitted use in the Agricultural Zoning District. Subsequently, the agricultural zoning regulations were changed in 1992 and mobile homes were eliminated from the list of permitted uses within the Agricultural Zoning District. This original building permit is the instrument which establishes the mobile home as a legal nonconforming use. In October of 1997, the original mobile home on the property was replaced with a newer model authorized by building permit number 97100520 (Exhibit "H"), utilizing the regulations contained within Section 1.8.11. Proof of the issuance of this building permit was supplied with the building permit application in compliance with the regulations Based upon the two above referenced sections of the LDC and the regulations contained within, a clear procedure has been established pertaining to nonconforming mobile homes in the Agricultural Zoning District. The mobile home located at 6167 Adkins Avenue meets the regulatory requirements dictated by these regulations. Mrs. Schoch wi0fin the past six years has twice utilized the provisions of the LDC, protecting her right to utilize an originally permitted use, by complying with the procedures established for the replacement of the mobile home located upon her property. The issuance of building permit number 2003010885 has been found by the Community Development and Environmental Services Division to comply with the procedural and substantive regulations relating to the matter. The amended appeal to the official interpretation submitted by Mr. Pires (Exhibit "E") sets forth in detail his objections to the official interpretation. The main points are as follows: 1) 2) 3) 4) 5) ADA-2003-AR-4351 The plain meaning of statutory language is the first consideration of statutory constr '~r The Request For Interpertation requested that the Director interpret two sectit dn Division 1.8 of the LDC. The Interpretation only addressed the provisions in Section 1.8.11 and completely ignored the provisions of Section 1.8.10. The interpretation does not even acknowledge the existence of Section 1.8.10 of the LDC INTP-2003-AR-4119 is not supported by substantial competent evidence and is erroneous. For all the reasons outlined and contained within INTP-2003-AR-4119 is incorrect. INTP-2003-AR-4119 fails to address or consider the application of the provisions of Section 1.8.10 of the LDC concerning replacement of non-conforming mobile homes. The building permit #2003-010885 was for the replacement of a mobile home and not for an improvement or addition to a mobile home. DEC 0 2 2003 age 3 of 5 ~,~ Pg._ FISCAL IMPACT: Approval or denial of thc appeal would have no quantifiable fiscal impact upon the County. A negative decision would have a substantial fiscal impact to the owner of the replacement mobile home, Mrs. Schoch, in relation to the removal of the replacement mobile home or the cost and time associated with the re-permitting of the structure. A negative decision against Mrs. Schoch would also have significant fiscal impacts upon the existing non-conforming mobile homes within the Adkins Avenue area, as well as the County as a whole. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATIONS: Staff's recommendation is that the Board of Zoning Appeals deny this appeal and uphold the determination of the Planning Services Director. DEC 0 2 2003. ADA-2003-AR-4351 Page 4 of 5 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: O~S,~i~IiEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW NT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: DATE DATE D/{TE/ - & ENVIRONMENTAL j/SERVICES ADMINISTRATOR Executive S~,mmaryADA-2003-AR-4351 ADA-2003-AR-4351 DEC 0 2 LM)O~ I~ DOT D DEC 0 2 2003 EXHIBITS "A-J" AC3Et40A ITEM DEC '0 2 2003 l XlllDlt "A- WOODWARD, PIRES & LOMBARDO, EA. Attorneys-At-Law May 1, 2003 VIA HAND DELIVERY CARRIE E, LAI)E>,IAN CYNTHI^ J. H L'BB~-R D BURT L SAUNDERS EL~ZAI~ETHJ. VAN ARSDA.LE · OF COL'NSEL · (Board Certified Real Estate Attorney) ~ '~oard Certified City, County' and Local Government Attorney) · (Certified Circuit Civil Mediator) · (Certified Family Law blediator) · (Also Admitted in lowal 3200 Tamiami Trail N. Suite :zoo Naples, FL 34~o3 "~"rEL (239) 649-6555 AX (239) 649-7342 ww~.wpl-legal.com RECEIVED Ms. Margaret Wuerstle Planning Services Director 2800 North Horseshoe Drive Naples, FL 34104 Joseph K. Schmitt Development '-'ervices Director 2800 North Horseshoe Ddve Naples, FL 34104 Re.' Request for Formal Interpretation Building Permit No. 2003010885 Mobile Home Replacement Dear Ms. Wuerstle: This letter constitutes an application pursuant to Division 1.6 and Section 2.7.3.8 of the Collier County Land Development Code (LDC), and the provisions of Chapter 67-1246, Laws of Flodda, for a formal interpretation of provisions of the Collier County Land Development Code (LDC) concerning the replacement or enlargement of a mobile home on property zoned "A" Agricultural. This law firm represents Keith and Sue Orschell ("Orschells"). This request for s formal interpretation is being requested by the Orschells as properly (land) owners in and residents of Collier County, and as affected persons. Keith and Sue Orschell own property located at 6266 Adkins Avenue, Naples, Flodda, Folio # 00422640006, and further described in that certain deed recorded at Official Records Book 651, Page 1924 Public Records, Collier County, Flodda. (See Exhibit "A") This request for a formal interpretation requests a formal interpretation of certain provisions of Division 1.8 of the LDC (more particularly Sections 1.8.10 and 1.8.11) and ~ection 2.2.2 of the LDC, the Rural Agricultural ("A') Distdct Regulations, and their ion to certain real properly located at 6167 Adkins Avenue, Naples, Flodda, owne~, by Maureen Schoch (see Exhibit "B"). Under Section 2.2.2.2.1.1 of the LDC, permitted uses of the "A" District, "a single family dwelling" is a permitted use (see Exhibit "C"). Pursuant to the definition of "Dwelling, single-family or one-family" at pages LDC6:20.1 and L[ ~ A mobile home shall not be permitted in zoning distrfcts which allow single-family dwellings as permitted uses unless the term mobile home is expressly stated as a permitted or conditional use." (See Exhibit "D") C6:21. DEC 0 2 2003 INTP-2003-AR-4119 PROJECT/42003050006 DATE: 5/7/03 MIKE BOSI A mobile home is very strictly regulated in the "A' Distdct and is only allowed as either a temporary residence while a permanent single-family dwelling is being constructed (see Section 2.2.2.2.2.7, LDC) and then only for a limited time; and, in conjunction with bona fide commercial agricultural activities (see Section 2.2.2.2.2.9, LDC); and then again only under certain conditions. Thus a mobile home in the "A" Distdct does not per se qualify as a single-family dwelling. With regards to the "replacement mobile home' at 6167 Adkins Avenue, I am not aware that the property or mobile home is, has been, or is contemplated being utilized under the scenarios outlined in the above noted Sections 2.2.2.2.2.7 and 2.2.2.2.2.9 of the LDC. The property at 6167 Adkins Avenue is zoned Agricultural as outlined on the attached zoning map (Exhibit "E"). The placement of a new, larger, replacement mobile home was recently authorized on this property pursuant to building permit No. 2003010885 (Exhibit ,"F"). As clearty stated in the building permit application for #2003010885, this building permit is for a mobile home that is a replacement for a previously existing mobile home. The previously existing mobile home was a double- wide placed on the subject property in 1997. The new replacement mobile home is a triple-wide. The new, replacement mobile home is not only larger than the one it replaces, it is also located on a different portion of the subject property. The Agricultural Distdct regulations in the LDC do not allow mobile homes as principal structures or principal permitted uses. In those instances where a mobile home was a pdnc!~cal use prior to the revised LDC provisions, previously existing mobile homes could remain as a non- conforming structure. Division 1.8 of the LDC address non-conformities, such as a n. conforming structures. Section 1.8.10.4 of the LDC states as follows: "Non-conforming residential structures, which for the purposes of this section shall mean detached single family dwellings, duplexes, or mobile homes in existence at the effective date of this zoning code or/ts relevant amendment and in continuous residential use thereafter, may be altered, expanded or replaced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by Resolution." Additionally, Section 1.8.10.1 of the LDC states that: "...provided, however, that the alteration, expansion, or replacement of non-conforming single family dwellings, duplexes or mobile homes shall be permitted in accordance with Section 1.8.10. 4. (i. e. by the Board of Zoning Appeals)" The first paragraph of Section 1,8.10.4 of the LDC provides: "Nonconforming residential structures, which for the purpose of this section shall mean 2 AGENOA ITE~ DEC 0 2 2003 detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded or replaced upon recommendation of the Collier County planning commission and approval of the board of zoning appeals by resolution., I am not aware of any application or petition being filed and reviewed by the Collier County Planning Com~,~ission ("CCPC") and approved by the Board of Zoning Appeals that would authorize the location and placement of a replacement mobile home on the property at 6167 Adkins Avenue. Section 1.8.11.1.1 of the LDC only addresses nonconforming mobile homes containing conforming uses in the "A" Agricultural District. There is no conforming use associated with this new, larger, revised siting replacement mobile home. Thus, this request for a formal interpretation that the new replacement mobile home, is not authorized or legally appropriate on the subject property. Accompanying this request is check ~6105 in the amount of $275.00 representing the requisite filing fee. If you have any questions please do not hesitate to contact me. We look forward to the processing of this request and a timely reply and response, if there is any additional information required, please do not hesitate to contact me. ~ ~, Jr. APP/alr Enclosures co w/enc.: client cc w/o enc.: Schoch F:\U S ER S~a,p P~OrschellWtOBiLEHOME~ReqFormlnterp05-01.03.wpd 3 DEC 0 2 /O Exhibit "B" COLLIER COUNTY GOVERNMENT May 27,2003 Commullity Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. PerrelI: Please publish the following Legal Notice in your edition of May 31, 2002, and furnish proof of publication to the Development Services Building, Current Planning, 2800 North Horseshoe Drive, East Naples, Florida 34104, Attention: Cecilia Martin. NOTICE OF OF FICIAL INTERPRETATION Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Division 1.6 of the Collier County Land Development Code (LDC), Ordinance 91-102, as amended, public notice is hereby given of an official interpretation. INTP-2003-AR-4119Anthony P. Pires, of Woodward, Pires & Lombardo, P.A., representing Keith and Sue Orschell, requesting a formal interpretation concerning the replacement or enlargement of a mobile home on property zoned "A" Agricultural. Property is located at 6167 Adkins Avenue. This formal interpretation requests an interpretation of certain provisions of Division 1.8 of the LDC (particularly Sections 1.8.10 and 1.8.11) and Section 2.2.2. Request for rendering of an official ~nterpretation of the Collier County Land Development Code (LDC) as it relates to "the replacement or enlargement of a mobile home on property zoned "A" Aghcultural." Specifically, a determination on whether building permit number 2003010885, for property located at 6167 Adkins Avenue, Naples, Florida was issued in compliance with the pertinent regulations of the Collier County Land Development Code. The Collier County Land Development Code addresses nonconformities in Section 1.8. Within this section a subsection exists, Section 1.8.11., which specifically addresses nonconforming mobile homes in the agricultural district only. Sec. 1.8.11. Improvements or additions to noncor. Jorming mobile homes. - Improvements or additions to noncorJorming mobile homes containing cor. Jorming uses, in the A agriculture district onJy, shall be permitted ',j the addition or improvement complies [ulJy with the setback and other afplicable regulations. Acorn, ~ DEC 0 2 2003 Phone (239) 403-2400 Fax (239) 643-6968 The section addresses nonconforming mobile homes that contain a conforming use and their replacement within the agriculture district. The improvement or addition must meet the setbacks of the district. This is a departure from the mapner in which the LDC treats all other nonconforming structures. All other nonconforming structures addressed by the LDC cannot increase or enlarge its nonconforrnity. The LDC allows a distinction for mobile homes in agriculture districts, only requiting that the setbacks for the agricultural district are meet. Also, the section qualifies the type of mobile homes applicable to this section, as ones that contain conforming uses. For the purpose of this section, a conforming use is limited to that of a residence. This section does not protect mobile homes used for other principal uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Commtinity Development and Environmental Services Division to meet both of these qualifying requirements of use and dimensional compliance. For a copy of the actual interpretation letter, please contact the Collier County Plarming Services Depmtment at 403-2400 by phone, or by mail at 2800 North Horseshoe Drive, Naples, FL 34104, Attention: Cecilia Martin. Within 30 days of publication of this public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must stat. e the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. (If .payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered to my attention at the address provided. Please do not hesitate to contact me by phone (403-2400) should you have any further questions on this matter. Margaret Wuerstle, AICP Collier County Planning Services Director. DEC 0 2 2003 Exhibit "C" COLLIER COUNTY GOVERNMENT May 27, 2003 Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 CURRENT PLANNING Dear Property Owner: This is to advise you that you own property located within 300 feet of the property lines of the land for which the following described official interpretation is effective: Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Division 1.6 of the Collier Cotmty Land Development Code (LDC), Ordinance 91-102, as amended, public notice is hereby given of an official interpretation is · interpretation.. The i,INTP-2003-AR-4119' Anthony P. Pires, of Woodward, Pires & Lombardo, P.A., representing Keith and Sue Orschell, requesting a formal interpretation concerning the replacement or enlargement of a mobile home on property zoned "A" Aghcultural. Property is located at 6167 Adkins Avenue. This formal interpretation requests an interpretation of certain provisions of Division 1.8 of the LDC (particularly Sections 1.8.10 and 1.8.11) and Section 2.2.2. Request for rendering of an official interpretation of the Collier County Land Development Code (LDC) as it relates to "the replacement or enlargement of a mobile home on property zoned "A" Agricultural." Specifically, a determination on whether building permit number 2003010885, for property located at 6167 Adkins Avenue, Naples, Florida was issued in compliance with the pertinent regulations of the Collier County Land Development Code. The Collier County Land Development Code addresses nonconformities in Section 1.8. Within this section a subsection exists, Section 1.8.11., which specifically addresses nonconforming mobile homes in the agricultural district only. Sec. 1.8.11. Improvements or additions to noncor. Jorming mobile homes. - Improvements or additions to noncor. Jorming mobile homes containing cor. Jorming uses, in the A agriculture district omy, shall be permitted ;j the addition or improvement complies Juliy with the setback and other ai:plicable regulations. within the agriculture district. The improvement or addition must meet the setbacks o a departure from the manner in which the LDC treats all other nonconforming The section addresses nonconforming mobile homes that contain a conforming use and their_ reElacement C the 0Wfl~Yr~is q- DEC 0 2 2003 Phone(239) 403-2400 Fax{239~ 643-6968 nonconforming structures addressed by the LDC cannot increase or enlarge its noncontormity. The LDC allows a distinction for mobile homes in agriculture districts, only requiring that the setbacks for the agricultural district are meet. Also, the section qualifies the type of mobile homes applicable to this sec'ion, as ones that contain conforming uses. For the purpose of this section, a conforming use is limited to that of a residence. This section does not protect mobile homes used for other principal uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Community Development and Environmental Services Division to meet both of these qualifying requirements of use and dimensional compliance. For a copy of the actual interpretation letter, please contact the Collier County Planning Services Department at 403-2400 by phone, or by mail at 2800 North Horseshoe Drive, Naples, FL 34104, attention Cecilia Martin. Within 30 days of publication of this public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or g~:mp of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me by phone at 403-2461 should you have any further questions on this matter. The interpretation fi ther pertinent information related to this interpretation is kept on file and may be reviewed at the Development Services Center located at the address listed above. Please contact the staff member noted below at 403-2400 to set up an appointment if you wish to review the file. rely, . ] Margar4Mue. rstle,...AIC? Plannin~Services Director Community Development and Environmental Services MW/cm ?lq' DEC 0 2 2003 Exhibit "D" COLLIER COUNTY GOVE _ Ib NT Cor~munity Deve~opmen~ and .~n~.n'onme!lt~ ~- el'~c~ ][~*/~1o1~ Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34100 May 13,2003 Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North - Suite 200 Naples, FL 34103 RE: INTP-2003-AR-4119; Request for official interpretation regarding the replacement o enlargement of a mobile home on property zoned "A" Agricultural; Per Division 1.6 of the Collie County Land Development Code (LDC) Dear Mr. Pires: You have asked me to render an official interpretation of the Collier County Land Development Code (LDC) as it relates to "the replacement or enlargement of a mobile home on property zoned "A' Agricultural." Specifically you want a determination on whether building permit number 2003010885, fo~ pro'-,erty located at 6167 Adkins Avenue, Naples, Flodda was issued in compliance with the pertinen' regulations of the Collie?County Land Development Code. The Collier County Land Development Code addresses nonconformities in Section 1.8. Within t,,,.; section a subsection exists, Section 1.8.11., which specifically addresses nonconforming mobile home~ in the agricultural distdct only. Sec. 1.8.11. Improvements or additions to nonconforming mobile homes. - Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations. The section addresses nonconforming, mobile homes that' contain a conforming use and their replacement within the agriculture district. The improvement or addition must meet the setbacks of-the district. This is a departure from the manner in which the LDC treats all other nonconforming structures. All other nonconforming structures addressed by the LDC cannot increase or enlarge its nonconformity. The LDC allows a distinction for mobile homes in agriculture districts, only requiring that the setbacks for the agricultural district are meet. Also, the section qualifies the type of mobile homes applicable to this section, as ones that contain conforming uses. For the purpose of this section, a conforming use is limited to that of a residence. This section does not protect mobile homes used for other principal uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Community Development and Environmental Services Division to meet both of these qualifying requirements of use and dimensional compliance ..... ~ C o Interpertation 6167 Adkins~venueo DEC § 2 2003 Pg., /-~ Section 1.8. specifically addresses mobile home replacement within Section 1.8.11.1.1. Sec. 1.8. 11.1.1. Prior to issuance of any building permit for replacement of a mobile home, the property owner or authorized agent shall provide the site development review director, or his designee, with three copies of a scaled drawing of the subject parcel which indicates: 1. Proof of building permit issuance for structure being rep/aced. 2. The location of the structure to be replaced and its relationship to adjacent mobile homes and parcel boundaries. This section addresses the specific submittal requirements for a mobile home replacement, which are ~ site plan and a copy of the building permit for the mobile home being replaced. To obtain building permit number 2003010885 for 6167 Adkins Avenue, Maureen Schoch the owner of the property submitted the required plans for the prol~erty as well as the required proof of original building permit. The original building permit for the location was issued on January 10, 1971 under permit number 71- 494. A plot plan for the property showihg the location of the replacement mobile home and its relationship to the parcel boundary lines and other structures was submitted with the building permit application. This original building permit date of issue establishes the mobile home at the location as a perrr, i';'ted use in the agricultural zoning district. Subsequently, ~,,e agricultural zoning regulations were changed in 1992 and mobile homes were eliminated from the list of permitted uses within the agricultural zoning district. This odginal building permit is the instrument which establishes the mobile home as a legal nonconforming use. In October of 1997, the odginal mobile home on the property was replaced with a newer model authorized by building permit number 97100520, utilizing the regulations contained within Section 1.8.11. Proof of this building permit was supplied with the building permit application in compliance with the regulations. Based upon the two above referenced sections of the LDC and the regulations contained within, a clear procedure has been established pertaining to nonconforming mobile homes in the agricultural district. The mobile home located at 6167 Adkins Avenue meets the regulatory requirements dictated by these regulations. Mrs. Schoch within the past six years has twice utilized the provisions of the LDC, protecting her right to utilize an originally permitted use, by complying with the procedures established for the replacement of the mobile home located upon her property. The issuance of building permit 2003010885 has been found by the Community Development & Environmental Services Division to comply with the procedural and substantive regulations relating to the matter. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, re-turn receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will be mailed notice of this interpretation and a notice of this interpretation and appeal time frames will be advedised in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, who will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up informatk '-': ..... ,',,',,'* ,-,~' th~ DEC 0 2 2003 Interpertation 6167 Adkins Avenue The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a check, it should be made payable to the Collier County Board of Commissioners. An app~ can be hand-delivered or mailed to my attention at the address provided. Please do not hesitat, contact me should you have questions on this matter. erely, Margar~uerstle, AIGP, Director Plannin~Services Department cc: Collier County Board of Commissioners James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Patrick G. White, Assistant County Attorney M. Student, Assis'~.ant County Attorney Interpertation 6167 Adkins Avenue DEC 0 2 2003 Exhibit "E" WOODWARD, PIRES & LOMBARDO, EA. Attorneys-At-Law CKAIO R. WOODWARD MARK J. WOODWARD ANTHONY P. PIR~,JR. J. CHRISTOPHER LOMBARDO ST~V[N V. BLOUN'r CARRIE E. LADEMAN Cvs-tm^ J. HUBBARD BURT L. SAUNDERS ELIZABETH J. VAN ARSD,~LE ,~ OF COUNSEL (Board Certified Real Estate ._~.t torney) rd Certified City, County nd Local Govenunent Attorney) (Certified Circuit Civil Mediator) (Certified Family Law Mediator) (Also Admitted in Iowa) 3200 Tamiami Trail N. Suite 2oo Naples, FL 34Io3 (239) 649-6555 ~,~x (239) 649-7342 Margaret Wuerstle, Director Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 June 24,2003 Joseph K. Schmitt, Administrator Community Development and Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 Board of Zoning Appeals Board of Collier County Commissioners Attention: Tom Henning, Chairman 3301 Tamiami Trail East Building F Naples, Florida 34112 VIA HAND DELIVERY AMENDED APPEAL Re: Board of Zoning Appeals; Collier County Board of County Commissioners; Appeal of Written Formal Interpretation INTP-2003- AR-4119 [with a date of May 13, 2003, postmarked May 27, 2003, and received May 29, 2003]; concerning Building Permit #2003-010885, Replacement of Mobile Home In Agricultural "A" District ~,,w. l-le al.com ~ ~USERSV~PP\ORSCHELLWIOBILEHOME'~MEND~PEALIZ3C DEC 0 2 ?.O03 Dear Chairman Henning, Ms. Wuerstle and Mr. Schmitt: By letter dated May 13, 2003 [mailed with an envelope postmarked May 27, 2003, received via certified mail on May 29, 2003] an official interpretation, INTP-2003-AR- 4119, was signed by Margaret Wuerstle as Planning Services Department Director, hereinafter referred to as "Administrator" or "Director". A true and correct copy of said interpretation INTP-2003-AR-4119 [together with the postmarked envelope] is attached hereto and made a part hereof as Exhibit 'A". The Request For Formal Interpretation ("RFi')which lead to INTP-2003-AR-4119 (hereinafter also referred to as "INTP' or "AR-4119") was filed on May 1, 2003 [see attached Exhibit "B"]. The RFI requested a formal interpretation of provisions of the Collier County Land Development Code (LDC), in Division 1.8 (Sections 1.8.10 and 1.8.11 ) concerning the replacement or enlargement of a non-conforming mobile home on property zoned "A" Agricultural. The building permit at issue was for a replacement mobile home and not for an improvement or addition to a mobile home. The RFI requested that the Director interpret two sections within Division 1.8 of the LDC. The INTP only addresses the provisions in Section 1.8.11 and completely ignored the provisions of Section 1.8.10. The INTP does not even acknowledge the existence of Section 1.8.10 of the LDC This Appeal is being timely filed within thirty (30) days of the date of receipt of the Interpretation. The Appellants herein are the applicants in the RFI, are property owners in Collier County and are adversely affected, or aggrieved parties. THE APPELLANTS The Appellants herein qualify as property owners, adversely affected property owners; persons aggrieved; aggrieved parties, and/or parties who have a right to appeal said interpretation to the Board of County Commissioners and/or the Board of Zoning Appeals by virtue of Division 1.6 and Sections 2.7.3.5.2.2, 5.3.2.1 and 5.3.2.2 of the Collier County Land Development Code ("LDC"); and Sections 250-55 through 250-60, inclusive, of the Codes of Laws and Ordinances of Collier County, Florida (Ch. 67-1246, Laws of Florida, Sections 13 through 18, inclusive). Keith and Sue Orschell (the "Orschells") own property located at 6266 Adkins Avenue, Naples, Florida, Folio # 00422640006, and further described in that certain deed recorded at Official Records Book 651, Page 1924, Public Records, Collier County, Florida. (See Exhibit "C") The RFI was made by the Orschells as property (land) owners in and residents of Collier County, and as affected persons. The Orschells, because of their proximity to the property involved in INT-2003-AR-4119, stand to suffer special damages; have a definite interest exceeding the general interest in community good shared in common with all persons or citizens; ant and protectable interest in preservation and character of their commu~ .t~. _ 2 F:\U SERS',APP\ORSC~"IE LLW~DBILEHOME'C, MEN DE DAPPEAL-DOC DEC 0 2 2003 This letter (and its Attachments and Exhibits), and accompanying Notice of Appeal are notice of, is and constitutes the appeal to the Board of County Commissioners ("BCC") and/or the Board of Zoning Appeals ("BZA") of said interpretation INTP-2003-AR-4119. The Appellants herein have a right to appeal said interpretation to the Board of County Commissioners and/or the Board of Zoning Appeals. PRELIMINARY The bases for this appeal, although not exhaustive are as follows: 1 ) The plain meaning of statutory language is the first consideration of statutory construction. The RFI requested that the Director interpret two sections within Division 1.8 of the LDC. The Interpretation only addressed the provisions in Section 1.8.11 and completely ignored the provisions of Section 1.8.10. The Interpretation does not even acknowledge the existence of Section 1.8.10 of the LDC. 2) INTP-2003-AR-4119 is not supported by substantial competent evidence and is erroneous. 3) For all of the reasons outlined and contained within the RFI (Exhibit "B") INTP-2003-AR-4119 is incorrect. 4) INTP-2003-AR-4119 fails to address or consider the application of the provisions of Section 1.8.10 of the LDC concerning replacement of non- conforming mobile homes. 5) The building permit # 2003-010885 was for the replacement of a mobile home and not for an improvement or addition to a mobile home. ARGUMENT {S',AP FSORSCHELL'~VlOBILEHOME~ENDEDAPPEAL.DOC The Agricultural District regulations in the LDC do not allow mobile homes as principal structures or principal permitted uses. In those instances where a mobile home was a principal use prior to the revised LDC provisions, previously existing mobile homes could remain as a non-conforming structure. Division 1.8 of the LDC address non-conformities, such as a non-conforming structure. Section 1.8.10.4 of the LDC states as follows: 3 DEC 0 2 2003 "Non-conforming residential structures, which for the purposes of this section shall mean detached single family dwellings, duplexes, or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded or rep/aced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by Resolution.' Additionally, Section 1.8.10.1 of the LDC states that: "...provided,. however, that the alteration, expansion, or replacement of non-conforming single family dwellings, duplexes or mobile homes shall be permitted in accordance with Section I. 8.10. 4. (i. e. by the Board of Zoning Appeals)" The first paragraph of Section 1.8.10.4 of the LDC provides: "Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded or rep/aced upon recommendation of the Collier County planning commission and approval of the board of zoning appeals by resolution." [Emphasis added] No application or petition was filed or reviewed by the Collier County Planning Commission ("CCPC") or approved by the Board of County Commissioners ("BCC'), or the Board of Zoning Appeals ("BZA") that would authorize the location and placement of a replacement mobile home on the property at 6167 Adkins Avenue. The subject property is zoned "A' Agricultural. In 1997, by way of permit #97100520, Maureen Schoch, owner of the property at 6167 Adkins Avenue, placed a 1,008 square foot double-wide mobile home on the subject property (Exhibit "B", p. 45). !RS',.APP~OR S C H E LL'WtO BILE HOME'CJ~ENDE DAPPEAL DOC 4 DEC 0 2 2003 In 2003, by way of permit #2003010885, Maureen Schoch, the owner of the property at 6167 Adkins Avenue, removed the 1,008 square foot mobile home and replaced it with a 1,835 square foot triple-wide mobile home (Exhibit "B", p. 37). A mobile home is very strictly regulated in the "A" D~strict and is only allowed as either a temporary residence while a permanent single-family dwelling is being constructed (see Section 2.2.2.2.2.7, LDC) and then only for a limited time; and, in conjunction with bona fide commercial agricultural activities (see Section 2.2.2.2.2.9, LDC); and then again only under certain conditions. Thus a mobile home in the "A" District does not per se qualify as a single-family dwelling. With regards to the "replacement mobile home" at 6167 Adkins Avenue, there is no evidence to suggest that the prope~y or mobile home is, has been, or is contemplated being utilized under the scenarios outlined in the above noted Sections 2.2.2.2.2.7 and 2.2.2.2.2.9 of the LDC. The INTP AR-4119 justified the subject building permit under the provisions of Seclion 1.8.11 of the LDC. "Sec. 1.8.11. Improvements or additions to nonconforming mobi/e homes. -Improvements or additions to nonconforming mobi/e homes containing conforming uses, in the A agricultural district on/y, sha// be permitted if the addition or improvement compiles fu//y with the setback and other app/icab/e regu/ations." The property at 6167 Adkin~ Avenue is zoned Agricultural. The placement of a new, larger, replacement mobile home was authorized on this property pursuant to building permit No. 2003010885 (Exhibit "B", p. 37). As clearly stated in the building permit application for #2003010885, this building permit is for a mobile home that is a replacement for a previously existing mobile home. The previously existing mobile home was a double-wide placed on the subject property in 1997. The new replacement mobile home is a triple-wide. The INTP AR-4119 erroneously treated the larger, new, replacement mobile home as an "improvement" or "addition". It is neither. The new, replacement mobile home is not only larger than the one it replaces, it is also located on a different portion of the subject property. ERSV:kPP\ORSCHELLWIOBILEHOMEV~MENDEDAPPEAL.DOC 5 DEC 0 2 2003 Section 1.8.11.1.1 of the LDC only addresses nonconforming mobile homes containing conforming uses in the "A" Agricultural District. There is no conforming use associated with this new, larger, revised siting, replacement mobile home. Thus, the new replacement larger mobile home, is not authorized or legally appropriate on the subject property. CONCLUSION The Board of Zoning Appeals and/or the Board of County Commissioners should: reverse and reject the aforesaid official interpretation INTP-2003-AR-4119; or determine that INTP-2003-AR-4119 is incorrect, and determine that no permit for the placement of the triple-wide mobile home should have been issued without the prior review and approval of the Collier County Planning Commission and the Board of County Commissioners. Check number 6156 from Keith and Suzanne Orschell representing the requisite appeal filing fee of $500.00, made payable to the Board of County Commissioners of Collier County, Florida accompanied the original Appeal. If you have any further questions, please do not hesitate to contact me. ,5~nc~rely, 'es, Jr. ~St, APP~ORSCHELLW1OBILE HOIvIE~EN DE DAPPEALDOc 6 BEC 0 2 2003 Exhibit "F" GENERAL PROVISIONS § 1.8.13 Sec. 1,8,11. Improvements or additions to nonconforming mobile homes. Improvement~ or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shall be permitted i~ the addition or improvement complies fully with the setback and other applicable regulations. 1.8.11.1. Issuance and reiszuan~ of building permit~ when multiple mobile homes are located on a single parcel of l,md. Where specific zoning districts permit mobile home development and sait~ lands have been substantially developed prior to the effective date of this code with multiple mobile homes under singular ownership without an approved site development plan, as required by division 3.3 of this code, no furth'er building permits for the placement or replacement of mobile homes may be obtained except az del'reed below. 1.8.11.1.1. Mobile home replacement. Prior to issuance of any building permit for replace- ment of a mobile home, the property owner or authorized agent shall provide the site development review director, or his designee, with three copies of a scaled drawing of the subject parcel which indicates: I. Proof of building permit issuance for structure being replaced. 2. The location of the structure to be replaced and itm relationship to adja- cent mobile homes and parcel boundaries. 1.8.11.1.2. Additional mobile homes. Prior to issuance of a building permit for any addi- tional mobile home(s), the applicant or authorized agent shall obtain a site development plan, consistent with division 3.3 of the land development code. As part of the SDP application, building permit numbers of all existing mobile homes shall be submitted. 1.8.11.1.3. [Maximum density.} In no case shall the issuance or reissuance of building permits cause the density of the subject parcel to exceed that provided in the density rating system of the growth management plan or the Immokalee fu- ture land use map, except az may be provided in section 1.8.10.4 of this code. (Ord. No. 93-89, § 3) S~c, 1.8.12. Destruction of major structure or structures. When nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structure shall eliminate the nonconforming status of the land. "Destruction" of the struc- ture for purposes of this subsection is hereby defined as damage to the extent of more than 50 percent of the replacement cost at the time of the destruction. Upon removal or destruction as set out in this section, the use of Iand and structures shall therefore conform to the regulations for the district in which such land is located. Sec. 1.8.13. Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repeir or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 20 percent of the current assessed ~aluation of the structure or of the nonconforming portion of the structure if a nonconforming portion of a structur1 ~A LDC1:21 %.-. Permit ~umber. Name o~ Owner ~ob ~ldress Exhibit "G" COLLIER COUNTY, FLOI2~DA 71-494 ~-10-71 Date F.d Johnson Contractor Phone Architect Address Contractor Address Ralph L~lec ~rtc Lot. ~ Block Unit If no record plat, metes & bounds: Subdivision Sunset: Esl:al:ne .:: Permit to (Build-Alter-Repair-Move) Elecl:ric Chart~eover '-.:> i Size x Height No. of Stories .I '~ A copy of the approved plans and specifications shall be kept at the during construction. A-1 Zoning Building or Structure will face Use Increase Power co 150 Amps feet from East line .feet from South line feet from West line . feet from North line Floor Space Utility. Porch__. Car Porte Other Total Estimated Cost $ Bttilding Permit $ Elec'rical Permit $ Plc'nblng Permit $ Septic Tank $ Total $ Sq. Feet Sq. Feet Central Sewer Name Ye~ S~qq Feet Central Water Hame ~~Yes · __ - Feet Well Permit No Sq. Feet Septic Tank ~ ~ ~ Gallons Drainfield Sq. Ft. Septic Tank No ..... Plumbing Stub . Inches below Fixt~ Floor Grade. Sanitarian T~ne above application has been examiaed and is hereby 'ubject to the $ -'-'-. 5~. by as provided by the Collier County Building Code Payme,~t Received: ,:ar! /;. ,_:len~_:.~r Building Officia. DEC 0 2 2003 Exhibit "H" COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT BY: GARRETT S COA #: N/A ~k iT #: 97100520 ]SSUED: 10-28-97 ~STER #: rOB ADDRESS: 6167 ADKINS AVE rOB DESCRIPTION: REPLACEMENT MOBILE HOME TIEDOWN PERMIT TYPE: BRMH APPLIED DATE: 10-09-97 VALID ~: 807 APPROVAL DATE: 10-27-97 JOB PHONE: (941)417-0855 ;UBDIVISION %: 100 - Acreage BLOCK: 076 ~OOD MAP: 0605 Z'NE: X ELEVATION: ~OLIO #: 0000000421840001 TOWNSHIP-RANGE-SECTION: 50 26 16 LOT:.000 )WNER INFORMATION: ;CHOCH, MAUREEN i167 ADKINS AVE IAPLES, FLB003 341120000 CONTRACTOR INFORMATION: CERTIFICATE 9: PHONE: 'CC CODE: 900 - MOBILE HOMES ~NSTRUCTION CODE: 10 / OTHER rOB VALUE: $ 1,000.00 TOTAL SQFT: 1,008 ;ETBACKS FRONT: 50.00 REAR: ~.Ai: SEPTIC SEPTIC Y ACT NA/4E: OWNER/BUILDER :ONTACT PHONE: (941)417-0855 50.00 LEFT: 30.00 RIGHT: 30.00 WATER: WELL WELL Y Per Collier County Ordinance No. 96-83. as amended, all work under the approved building permit shall conloly with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of Pemit. The approved permit expires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful completion of the foundation inspections as stated in Ordinance No. 96-83 104.6.1.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands that only licensed contractors may be e~nployed and that the structure shall not be used or occupied until a Certificate of. Occupancy is issued. OTICE: In addition to the requ of this permit, there may be additional restrictions applicable to ~his prope~y ~y be found in the public ~ecords of ~nis county, and thege may be additional permits required from other governmental ntities such as water managea~nt districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERT~ IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE YOUR NOTICE OF COMMENCEMEN' DEC 0 2 2003 Exhibit "I" N AGF~A iTF..I~ DEC 0 2 2003 Exhibit "J" May 5, 2003 Ms. Margaret Wuerstle Planning Services Dir~or 2800 North Horseshoe Drive Naples, FL. 34104 Joseph DL Schmitt Development Servicea Director 2800 North HorseShoe Drive Naples, FL. 34104 Keith and Sue Orscheil's request for a formal interpretation on my building permit No. 2003010885, a rep~ mob~ home Dear Ms. Wuerstle: The May 1st letter to you from Anthony P. Pires, Jr. (representing the Orsehells) COl]tn|nh both ~ ~ omi~nlo~s. ~: On p. 2, paragraph 3, Mr. Pires states: "77re new, replacement mobile home is not only larger than the one it replaces, it is also located on a ch'.fferent portion of the subject.property." Not true. The new replacemem mobil~ is located exactly where tl~ old one used to'~-O'68'lL-fi:O'~ mad), and conforms to an settn~ck requirements, as did the old mobile. (Se~ eaelosed site plan and spot survey). ~;fi,~.s~io.l~ Mr. Pires ~n.~ t~ mention that our home has already received its Certificate Of Occupany. (See enclosed C.O. dated April 7, 2003.) ~ Mr. Pires acknowledges that the new mobile replaces one that was duly permitted in Oct., 1997 And C.O.'d in March, 1~98, but he conveniently omits the fact that THAT mobile was ALSO a~c_~'"'~t~~- He faib to mention that there has been a ful~ legal, continuously occupied mobile home on thin property for over 32 years -- since 1971. ~ When we purchased th~ IgopertYha 1997, there Was already a singlewide mobile ht~e; it akeady had'a septic, ~vell And 150 amp service, And in fact we moved in And lived in it for 7 months,~umfl we were able to afford to replace it with a better one. The first mobile onth~s land was dulypennituxl on Jan- 10, 1971 bythe original occupant, Ed Johnson, (Permit No. 71-494), who on that date requested And received 150 amps of electric service for a singlewide mobile home. A copy of Ed Johnson's 1971 permit for that original rn~b~ is enclosed, along with doc.mentsshowing that we obtained all~ permits, complied with ever/thing the county requested And paid all county fi~es for removal of that original singlewide mobile And the setting of the doublewide replacement mobile in 1998. P. lof2 ~o.AC"ENDAn~--i~ . DEC022003 I 6167 Adlcins Ave. REPLACEMENT MOBILE HOlvIE May 4, 2003 Also enclosed are documents showing that in 2003, we again obtained all necessm'y permits, complied with everything the county requested and paid all county fees for removal of the second mobile and the setting of its replacement, the new W'md Zone III triplewide in which we now live. We never took any pictures of the original siaglewide mobile, but I have enclosed photos showing the second mobile home, both in 1998 while we wero living in it as well as a picture taken last Fel~uary on tbe day it was being removed. To complete the record, I also included photos of our new, log-sided manufactured home, so you can see and compare the "old" and the '"aew'. _. I don't know why the Orschells have mounted thin vendetta against me and my new home. I've never met them or even. knew they existed untg yesterday when I received a copy offix4r letters to you requesting a"formal interpretmion' ofmy tmikting Though it may be technically ~x,nconforming', in reality my home conforms very well to the neighborhood, which is a mixture of mobiles and predominantly tiny, site4miR homes, all on 1 to 5-acre lots, on slxeeta that are primargy unpav~ Far bom being a d~-~zitaent to the neighborhood, my new home is actually one of the nicest (and largest) homes in the ;,~Vled;ato- area. It's attractive, well-landscaped, and like the mobile it replaced, it sits 168 feet back fi'om the mad. Please keep me informed on thi~ matter. After recei~ my but'kling permit from you, I demoli.~hed my existing home and spent my life's sawings to purchase thl, new my C.O. and moved in. I cannot afford to be blindsided now by these neighbors from the next block- Tlonnlc you. Sincerely, 6167 Adkins Ave., Naples 34112 (239) 417-0855 BEg 0 2 2003 6167 ADKINS AVE.. NAPLES .... REPLACEMENT MOBILE HOME THE OLD Old doublewide-1981 Skyline, lO00 sq. ft. Pecmit 97100520, C.O.'d 3/10/98. This mobile replaced the original mobile, a singlewide, permit 71-494, a legal dwelling in continuous use on the property since 1971. THE NE'~V Replacement Mobile- 2003 Prestige, I835 sq. ft. Permit 2003010885, C.O.'D 4/7/03. Tr¥1ewide, Wind Zone III. Western red cedar siding, dual pmle windows throughout, upgraded insulation, floors & roof 16" O.C., new septic, etc. This shows the~81 doublewide being removed From property to make way for the new home. Feb_ :03 Removal permit 2003010373 Above: The new replacement mobile, viewed from the south, north and east. DEC 0 ~ 2003 EXECUTIVE SUMMARY CU-2003-AR-4524, JAMES B. MALLESS AICP, OF WIRELESS PLANNING SERVICES, LLC REPRESENTING PINNACLE TOWERS, INC., REQUESTS CONDITIONAL USE #13 OF THE "A" RURAL AGRICULTURAL ZONING DISTRICT FOR THE PURPOSE A OF 700-FOOT GUYED COMMUNICATIONS TOWER PER SECTION 2.6.35 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. PROPERTY CONSISTS OF 14.55+ ACRES. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals review staff's fmdings and recommendations along with the recommendations of the CCPC regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: The Petitioner requests approvel of Conditional Use "13" of the Rural Agricultural "A" zoning district for a 700-foot guyed co~ aunications tower per Section 2.6.35 of the Collier County Land Development Code on 14.55+ acres. The Conditional Use application is a companion item to three dimensional variance requests contained within VA-2003-AR-4525. The proposed tower will sit on a parcel of land currently developed with a 524-foot guyed-wired telecommunications tower. The location of the subject site is 305 Tower Road, xvhich is ~¼ mile west of Collier Boulevard (CR 951) and 1 mile south of East Tamiami Trail (US 41). The tower is being constructed for the United States Coast Guard, a division of the Homeland Defense Department, to bolster the Rescue 21 advanced search and rescue, communications system and the Homeland Defense program. Information concerning the Coast Guard's Rescue 21 communication system is included within the package attached to this executive summary. The subject property has been the location of a broadcast tower since 1971. At that time a 700-foot tower was constructed. The existing tower has been subsequently lowered through SIP-00-AR-1054 to its present height of 524-feot. The residential development that currently exists adjacent to the tower site was developed with the tower at its present location. The addition of a second tower at the site will present a visual intrusion, but to an environment that is currently impacted by a tower. The location choice, resulting in multiple towers at one location, is promoted within Section 2,6.35 of the LDC, which encourages towers to share the same parent parcel. The size of the parent parcel, with the existing buffers and vegetation, will effectively screen the base of the tower and the accessory buildings from the surrounding properties. Executive Summary/CU-2003-AR-4524 Page 1 of 5 DEC 0 2 2003 This request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. The motivating factor for the construction of this tower is its need by the United States Coast Guard for their Rescue 21 Project. This project will be utilized to enhance the rescue capabilities of the Coast Guard and to bolster their Homeland Defense capabilities. Both of these programs are centered upon health, safety and welfare, the very underlining principals of zoning regulations. Due to this essential nexus, the proposed project can be found to be consistent with the LDC and the GMP. At the time this executive summary was generated, staff had received one letter of objection to the proposed tower. At the required Neighborhood Information Meeting, a representative of the Eagle Creek Home Owners Association indicated that the Association had no objection to the tower and there were no speakers in opposition at the Collier County Planning Commission held October 16, 2003. The County has received a copy of the letter of objection to the proposed tower, sent from the Florida Department of Transportation, to the Federal Aviation Administration (FAA) - Southern Region Office. In summary, the letter objects to the tower stating that the proposed tower in combination with the existing tower would create a possible aviation hazard. The determination of the impact the proposed tower will have to the aviation safety of the area is solely determined by the FAA, and the FAA will account for the objection when reaching its final decision on the ultimate height of the tower. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that there are no environmental issues associated with the project. A copy of the application has been made available to the Rookery Bay Estuary and at the time this executive summary ;vas written, no opposition has been expressed by the agency. 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 ~" waiver of Historic and Archaeological Survey' & Assessment is requir, FrO surwey or DEC O Executive Summary/CU-2003-AR-4524 Page 2 of 5 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition based upon the application not requiring an Environmental Impact statement (ELS). COLLIER COUNTY PLANNING COMMISSION (CCPC) RECON~MENDATION: This petition was heard at the October 16, 2003, CCPC meeting. The Commission motioned to forward petition CU-2003-AR-4524 with a recommendation of APPROVAL, SUBJECT TO MODIFICATIONS OF THE CONDITIONS ATTACHED TO TltE RESOLUTION The motion passed UNANIMOUSLY by a vote of eight to zero. The modification to the conditions of approval was contained in Condition "4". The Planning Commission added the language, "above the height of 250 feet", to Condition "4" as proposed by Staff. STAFF RECOMMENDATION: Staff feels that the functionality of Health, Safety and Welfare provided from the proposed tower, coupled with the limited public opposition and existing 524-foot toxver on the subject parcel justifies the granting of the conditional use. Staff recommends that the Collier County Planning Commission recommen approval of Petition CU-2003-AR-4524 to the Board of Zoning Appeals, subject to the following ,.onditions: The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the 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, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (9!-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, a historic or archeological artifact is found, all developmeot within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. o Pinnacle Tower Inc. or the current tower owner shall submit a monitoring report, every three years from the date of Board of County Commissioners approval, inventorying the user located on the tower. Executive Summary/CU-2003-AK452.4- Page 3 of 5 AGENDA IT~ DEC 0 2 2003 p~. ~,~ o If the tower is no longer used by a governmental agency, above the height of 250 feet, then this conditional use shall expire and the toWer shall be reduced to conform to the permitted height designated within the Rural Agricultural Zoning District. Executive Summary/CU-2003-AR-4524 Page 4 of 5 AGENDA 1'!'~,~;4 .o. 7?2 DEC 0 2 2003 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW //- DATE REVIEWED BY: DEVELOPMENT REVIEW II. Iq .0 -3 DATE //~USAN MURRA~M DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW //. DATE APPROVED BY: CO IS~ICtES U~iTS~y~)~I'~L OPMENT & ENV IRON MENTAL~TE/ADMINISTRATOR " Executive Summary/CU-2003-AR-4524 Page 5 of 5 A~.NOA 1'1'~..~14 DEC 0 2 2003 AGENDA ITEM MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION September 18, 2003 CU-2003-AR-4524 - Companion to VA-2003-AR-4525 PROPERTY OWNER/AGENT: OWNER: Pinnacle Towers Inc. 301 North Cattleman Road Sarasota, FL 34232 AGENT: James B. Malless, AICP Firm Wireless Planning Services, LLC 845 Mississippi Avenue Lakeland, FL 33801 REQUESTED ACTION: The Petitioner requests approval of Conditional Use "13" of the Rural Agricultural "A" zoning district for a 700-foot guyed communications tower per Section 2.6.35 of the Collier County Land Development Code on 14.55+ acres. The Conditional Use application is a companion item to three dimensional variance requests contained within VA-2003-AR-4525. LOCATION: % The subject property is located at 305 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55+ acres. CU-2003-AR-4524 October 16, 2003 CCPC Page 1 of 9 BEC O 2 2003 Pg. LOCATION MAP SITE MAP PETITION #CU- 2003- AR- 4524 DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 700-foot telecommunications tower on 14.55+ acres of land. The proposed tower will sit on a parcel of land currently developed with a 524-foot guyed-wired telecommunications tower. The location of the subject site is 305 Tower Road, which is ~A mile west of Collier Boulevard (CR 951) and 1 mile south of East Tamiami Trail (US 41). The tower is being constructed for the United States Coast Guard, a division of the Homeland Defense Department, to bolster the Rescue 21 advanced search and rescue communications system and the Homeland Defense program. Information concerning the Coast Guard's Rescue 21 communication system is included within the package attached to this staff report. The Conditional Use application is required due to the height of the tower request. Section 2.6.35 of the Collier County LDC dictates that towers up to 250-feet in height are permitted uses within the Rural Agricultural zoning district. Towers above the specified height are permitted on a conditional basis as specified by Section 2.2.2.3 of the LDC. The parcel is located wholly within the "A" Rural Agricultural zoning district. CU-2003-AR-4524 October 16, 2003 CCPC Page 2 of 9 DEC 0 2 2003 NAPLES. FL GUYED TOWER 0117 -004 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 13. Communication towers above specified height, subject to section 2.6.35. Per LDC Section 2.6.35, the development of a telecommunications tower which requires the use of a conditional use or variance needs to comply with additional requirements. This Conditional Use application is accompanie~t by petition VA-2003-AR-4525, and thus required to satisfy these addition requirements as stated by code. 2.6.35.6.26. Additional findings for variance and conditional use applications. In addition to the findings for conditional use applications and variance applications as required in sections 2.7.4 and 2.7.5 respectively of this Code, the following additional findings shall be made by the Collier County Planning Commission when considering such applications: ~c,E~o~ ~u DEC O 2 2003 CU-2003-AR-4524 October 10,2003~ Pago 3 of 9 1. The applicant must demonstrate that the telecommunications tower/antenna must be located where it is to serve the company's system and service area and that sharing capacity is unfeasible or unreasonable as to existing towers. Evidence must be provided which considers the following: a. Proximity of all nearby towers located within the effective radius and whether or not they provide sharing of facilities. b. If true, existing telecommunications towers and structures located within the effective radius are not of sufficient height for the proposed tower's service area. Such evidence must be certified by an appropriate professional engineer certified to practice in the State of Florida. c. Existing towers and structures located within the effective radius are not of sufficient structural strength to support the applicant's proposed antennas and related equipment. Such evidence must be certified by an appropriate professional engineer certified to practice in the State of Florida. d. Sharing would cause electromagnetic interference with either the applicant's communication system or with existing communication systems. Such evidence must be certified by an appropriate professional engineer certified to practice in the State of Florida. e. Costs to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Fees and costs which exceed the costs to design and construct a new telecommunications tower shall be presumed to be unreasonable. f. applicable, other limiting factors, including but not limited to natural and manmade environmental limitations. 2. Required certification. The applicant shaft provide certification by a professional engineer that the proposed telecommunications tower or alternative tower structure is designed in accordance with '; ? standards specified in this article and those incorporated by reference into this article, and that in case collapse the telecommunications tower or alternative tower structure will be contained on the parcel or site, and that no structure other than those in direct support to the operations of the telecommunications tower or alternative tower structure shall be located within the fall zone. 3. Compliance with aviation regulations. The applicant must demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety, including part 77 of the federal aviation regulations and part 17 of the FCC regulations, and if planned to exceed 150 feet in height above grade, has been submitted for review by the Collier County Mosquito Control District. 4. Evidence of pursuing use of existing towers and tower sites. The applicant must provide evidence of pursuing the use of existing towers, structures, and facilities within the effective radius as specified in section 2. 6. 35. 2. Evidence shaft include written correspondence between the applicant and owner/operator of other structures in the effective radius including a request for space, the applicable rate structure for leasing, the applicable radio frequency, structural requirements, and any existing FCC limitations and other information as required in section 2.6.35.3. of this Code. 5. Comparison of proposed site versus use of existing sites within effective radius. The applicant will provide a map of th~ proposed coverage area and a propagation study for the proposed telecommunications tower and any existing or proposed towers and structures within the effective radius, which may be used to facilitate the applicant's antenna(s) and equipment, including the input data for those maps for comparison of both proposed and existing towers, and any other technical parameter used; analyses which include the type of equipment to be used and the structural loading criteria used, and which address alternative scenarios, such as using an existing tower or placing a tower elsewhere versus using the proposed tower and site. 6. The above requirements may be waived by staff if the applicant presents goo( proving why the respective requirement is not applicable or such proof is irrelevant or supe/ specific application. CU-2003-AR-4524 October 16, 2003 CCPC Page 4 of 9 cause ~luous~A DEC 0 2 2003 Staff has reviewed the application, which is attached to this staff report, and believes the applicant has satisfactorily addressed each of these issues. The petition was also forwarded to Rookery Bay and the Collier County Mosquito Control District for review and comment, and neither agency has expressed opposition to the project. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: West: Existing 524-foot tower, zoned A Golf Course and Residential Structures, zoned PUD-Eagle Creek Cox Cable Complex, zoned A Undeveloped tract, zoned A Golf Course, zoned PUD-Eagle Creek ZONE AE (EEl_ ') GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: · The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits communication facilities. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Current Planning staff as part of their review of the petition in its totality. CU-2003-AR-4524 October 16, 2003 CCPC Page 5 of 9 AC, ENOA DEC 0 2 Based upon the above analysis, staff concludes that the proposed land use for this subject site can be deemed consistent with the Future Land Use Element. The other applicable element of the GMP for which a consistency review was made is the Transportation Element. Ingress and egress to the site will be provided through Tower Road with access to the site via a gravel and broken pavement drive that is 12-feet wide. The number of vehicle trips generated by the use will be limited to monthly maintenance inspections. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property in located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact f the propq~'~ tower on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments and conditions have been incorporated into this staff report. STAFF ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory 'provisions have been made concerning the following matters, where applicable: 1. Consistency; .... Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. The motivating factor for the construction of this tower is its need by the United States Coast Guard for their Rescue 21 Project. This project will be utilized to enhance the rescue capabilities of the Coast Guard and to bolster their Homeland Defense capabilities. Both of these programs are centered upon health, safety and welfare, the very underlining principals of zoning regulations. Due to this essential nexus, the proposed project can be found to be consistent with the LDC and the GMP. 7_tt CU-2003-AR-4524 October 16, 2003 CCPC Page 6 of 9 DEC 0 2 2003 .g. // Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the site will be provided through Tower Road with access to the site via a gravel and broken pavement drive that is 12 feet wide. The access drive off Tower Road is a private driveway maintained by the applicant. Collier Boulevard is approximately 2,000 feet to the east of the access point on Tower Road. Access to the site is controlled by a locked gate that is set back from Tower Road to allow trucks to pull off the road and not impede traffic on Tower Road. Emergency Services have been provided keys to access the site. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. This proposed tower should have minimal impact on neighboring properties at the present time due to the existing tower on the property. The proposed tower will not create any additional glare or odor from the site and the only additional noise would be from the air conditioner associated with the accessory building. The noise generated will be mitigated due to the size of the parcel and the distance from the base of the tower to the neighboring property lines. The proposed tower is not expected to have a negative impact on the economic value of the neighboring properties. These properties were developed in the presence of the existing tower and any negative impact would have most likely prevented the surrounding properties from such a land use ,'~, ation choice. 4. Compatibility with adjacent properties and other property in the district. The subject property has been the location of a broadcast tower since 1971. At that time a 700-foot tower was constructed. The existing tower has been subsequently lowered through SIP-00-AR-1054 to its present height of 524-feet. The residential development that currently exists adjacent to the tower site was developed with the tower at its present location. The addition of a second tower at the site will present a visual intrusion, but to an environment that is currently impacted by a tower. The location choice, resulting in multiple towers at one location, is promoted within Section 2.6.35 of the LDC, which encourages towers to share the same parent parcel. The size of the parent parcel, with the existing buffers and vegetation, will effectively screen the base of the tower and the accessory buildings from the surrounding properties. · CONDITION DISCUSSION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are addressed below: Condition gl allows staff limited discretion to recognize and provide administrative relief for minor differences in site design, while prohibiting any intensification of the use. ( .mdit~llTpa DEC O 2 2003. CU-2003-AR-4524 October 16, 2003 CCPC Page 7 of 9 requires preservation of any historic or archaeological artifacts that may be found during the excavation. Condition #3 provides the county with a tri-annual monitoring report to assure the tower is conveying the health, safety and welfare service utilized by the application to provide justification for granting approval of the original conditional use. Condition #4 establishes the time frame for the Conditional Use to the function of providing a health, safety and welfare service to the community. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-4524 to the Board of Zoning Appeals, subject to the following conditions: The Current Planning Manager may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the 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, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91 - 102). Pursuant to Section 2.2.25.8.1 of the La,~l Development Code, if, during the course of site clearing, excavation, or other const] .ion related activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. o Pinnacle Tower Inc. or the current tower owner shall submit a monitoring report, every three years from the date of Board of County Commissioners approval, inventorying the user located on the tower. If the tower is no longer used by a governmental agency providing for the health, safety and welfare of the community, then this Conditional Use shall expire and the tower's height will be reduced to conform to the permitted height designated within the Rural Agricultural zoning district. CU-2003-AR-4524 October 16, 2003 CCPC Page 8 of 9 AGENDA I~ 'ZIp DEC 0 2 2003 PREPARED BY: MIKE BOSI, AICP PRINCIPAL PLANNER DATE REVIEWED BY: DATE APPROVED BY: MUN~Y DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the October 16, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the Blovember 18, 2003 Board of County Commissioners Meeting Attachments: A. B. C. Findings of Fact Conceptual Master Plan Proposed Conditions CU-2003-AR-4524 October !6, 2003 CCPC Page 9 of 9 AGi~41)A IT~ DEC 0 2 2003. Pg. [¢ ii'" DEC 0 2 2003 p.. FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4524 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because off A. Consistency with the Land Development Code and Growth Management Plan: Yes / No~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and aox:ess in case of fire or catastrophe: Co Adequate ingress & egress Yes ~/ No~ Affects neighboring properties in relation to noise, glare, economic or odor effects: ~' No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility With adjacent properties and other property in the district: Compatible use within district % Yes ~ No~ Based on the above findings, this conditional use should, with stipulations, (copy attached) ( or approva ~ C~ DATE: DEC 0 2 2003 gHIBIT A APPLICATION FOR PUBLIC HEARING FOR: CON, ITIONAL USE Petition No.: Commission District: Date Petition Received CU-2003-AR..4524 PROJECT #2003060041 Planner Assigned: __ DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-4525 ABOVE TO BE COMPLETED BY STAFF Pinnacle Towers Inc. C/O Bonnie Bowers General Information Name of Applicant(s) Applicant's Mailing Address 301 N. Cattleman Road, City Sarasota State Florida Applicant's Telephone # 941-308-5215 Fax # 941-364-8761 Applicant's E-Mail Address: bbowers~pintowers.com Zip 34232 Name of Agent James B. Malless, AICP Firm Wireless Planning Services, LLC Agent's Mailing Address 845 Mississippi Ave City Lakeland State FL Zip33801 Agent's Telephone # 863-8~38-9686 Fax # 863-688-5176 Agent's E-Mail Address: jim~scrproperties.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 l DEC 0 2 2003. 1'7' COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address N/A Name of Homeowner Association: Mailing Address City State __ Zip City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address N/A City State __ Zip Name of Civic Association: Mailing Address N/A City State Zip Disclosure of Interest Information: · a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership N/A APPLICATION FOR PUBLIC HEARING FQR CONDITIONAL USE - 4/14/03 DEC O 2 2003. bo Co If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office David Grain, President William Freeman, CFO W. Scot Lloyd, Exec. VP Evan Berlin, VP Tom Guard, Treasurer Camille Blommer, Controller Keith Drucker, VP Percentage of Stock 0 0 0 0 0 0 0 All at 301 N. Cattleman Road, Suite 300 Sarasota, F1 34232 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest N/A If the property is in the name of a GENERAL or LIMITED PARTNERSHIY, list the name of the general and/or limited partners. Name and Address Percentage of Ownership N/A If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers belo~v, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of O~vnership N/A Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 DEC O 2 2003. If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address N/A parties, list all Date subject property acquired June 16, 1997 If, Petitioner has option to buy, indicate date of option: __N/A terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 3 Township: 51 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D.#:512603 006.0016B03/00724400009 Metes & Bounds Description: ATTACHED Size of property: 800 ft. X 891 ft. = Total Sq. Ft. 633,798 Acres 14.55 Address/general location of subiect property: 305 Tower Road, Naples north west of the intersection of US 41 and SR 951 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03 Ill DEC O 2 2003 Adjacent zoning and land use: Zoning N PUD S C-3&A E PU'T' W PUD Land use Residential and golf course Warehouse and Vacant Office Residential and golf course 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 Section: NA Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # 2.6.35.6.2 of the __A__ district for (TYPE OF USE) 700-ft guyed tower and associated facilities Present Use of the Property: Existing 524 foot guyed tower and associated structures Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirementSsatlsfactory, governing..the individual conditional use, if any, have b~ that further, prows~on and arrangement have been made cor~em~c.g~ '-!1~ following matters, where applicable. Please provide detailed response to--[ach oi' the criterion listed below. Specify how and why the request is consistent lwitl]E~q~.2 2~3 (Attach additional pages as may be necessary). / I APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): RESPONSE This request is made to provide a 700-foot tower for the US Coast Guard to use for it's communications. This is a safety issue that the Coast Guard has access to proper communication systems. These types of facilities are allowed in the land use to recognize that this is an appropriate location for a tower of this size. b o Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: RESPONSE The site is served by Tower Road with access to the site via a gravel and broken pavement drive that is 12 feet wide. Access to the site is controlled by a locked gate that is off the pavement a distance to allow trucks to pull off of the road and not block traffic on Tower Road. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: RESPONSE The proposed tower and facilities will not create any glare or odor, and the only noise will be the air conditioner on the buildings. The noise from the air conditioner is no different than an air conditioner on a residence. The proposed tower and facilities will not have an economic impact on neighboring properties, because the existing tower was originally 700-feet tail. The height was reduced to 524 feet in June, 2000. The site has been a tower site for many years. The adjacent development has occurred after the original tower was built. Describe the site's and the proposed uses compatibility with adjacent properties and other properties in the district: RESPONSE This site has been a.broadcast tower site with a 700-foot tower and accessory uses for years. The area developed with offices, a golf course and houses with the existing tower. The AR zoning on the 14.55 acre site is an allowed use with a Conditional Use Permit. The existing natural buffering hides the accessory structures at the base of the tower. Please provide any additional information which you may feel is relevant to this request. This facility will provide a location for antennas for the US Coast Guard Rescue 21. This project is fully described in the enclosed materials. The project requires the location of antennas at sufficient height to allow continous coverage along the coast of Florida. This is an excellent location to provide coverage for the Naples/Collier County shores and minimizes the number of towers required area. The location is excellent because it meets the intent Section 2.6.35 Communiaction Tower section by clustering towers in one parcel to minize impacts of the facility. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03 the DEC 0 2 2003. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherxvise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; uti * all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · requireu yar~.3, open space and preserve areas, · proposed locations*for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffeting as may be required by the County, An Environmental Impact Statement (EIS), as required by Section 3.8. Development Code (LDC). location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); t~?~I~A I1Y?~ ,,Z~ '/? )f the Land APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03 DEC 0 2 2003 ,,23 ho Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03 DEC 0 2 29S3 EXHIBIT "A" Legal Description of real property conveyed by Warranty Deed from Palmer Communications, Inc. to Pinnacle Towers, Inc. ISLE OF CAPRI Legal Description of site: A tract of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest comer of said Section 3; thence along the West line of said Section 3 North 00°00'15" West, 920.69 feet to a concrete monument found at the Northwest corner of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30" East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00' 15" East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Sc least comer of tract herein described; thence along said Northerly right-of-way li~¢, the following five (5) courses: (1) South 75026'40'' West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09'', radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45044'36" West, 103.94 feet to an iron pin set; (3) South 16004'49" West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31'', radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53010'20" West, 54.21 feet to an iron pin set; (5) North 89°48'15" West, 341.90 feet to a concrete monument found at the Southwest comer of a certain Parcel "A" described in said Official R~cords Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00°03'32" West, 178.61 feet to an iron pin set at the Northwest corner of said Parcel' "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21" West 268.79 feet to a concrete monument found at the Southwest comer of said "General TV Tract", ,also being in the West line of said Section 3, being also the Southwest comer of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15" West, 712.23 feet to a concrete monument found at the Northwest comer of said "General TV Tract", being also the Northwest comer of the tract herein described; thence along the Northerly line of said :'General TV Tract" and parallel with the South line of said Section 3, South 89°52'30" East, 799.84 feet to the POINT OF BEGINNING. DEC 0 2 2003. / I CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKEI: # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED 1. Completed Application 20* 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 20* 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) '7 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Stru, ture(s) 4 13. Application Fee = $2000 - Data Conversion Fee = $25 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Board of Commissioners 14. Other Requirements- .~.,~.~.~ ~/' * Documents required for Long-Range Planning Rewew As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. · Applicant/Agent Signature Date APPLICATION FOR PI~IILlC I~__~RII~G FOR CONDITIONAL USE - 4/! 4/03 D6/2~/2803 ] 5; 26 $59572~ ADDRESSING .Jun 17 ~OO~ 2:0OPM ..... ~mon's & Gomp~n~ 8G~ ..... J160~ P~GE 0 l p,3 Pl~se complete the following ~ submit ~o tho Addreesing S~ctior~ for R~vicw. Not all ii, ems will a~vlv_to ~vcrv _~ieet, It.s In bold ~pe ~e .¢~quLred, I, Legal description of~ubj~t p~c~erty or proposes (copy ofltnSthy descrfption ma~ be attached) 2, Foll~ (Projp~y ID) number(s) p~' above (attach to, or a~sociate with, lagal ~crtption ~o~ than one) 6, P~po~p~j~t n~e (~apph'cable) . , _ 8, Site D,v¢lapm~t Plaa Number ('FOR BXISTINO PROYECT!I/SIT~S ON:LY) SDP - >c , ~ 9. Petition Type - (Complete a ~epm'at~ Addressing Cheoklis: for c~h Pettt:[o~ Type) [] PPL ('Plans & Pla! R~v~) El PSP ('Preliminary Subdivision Pla0 El FP (Final Plat) CD LLA pot Llno Adjustment) [] ~L ('B]a. st~g PcrlTltl) E] ROW (Right-of-Way Permit) ~ IgXP (~xcavstton Pcrmi0 [] V-RSFP ('Veg, R~moval & Sit~ l~ll Po, ri'nit) 10. ProJ sci or d~v¢lopment names proposed for, or ~lready appcmins 'i~, oondom~im ~oc~ents 0 f applicabte; i~care whir p~osed or ~ist~ t 1. Plebe Ch~ Oas', ~~ist is ~ bo F~cd Ba~ ~ Pc~naUy Piok~ Up 12. AppQea~tName_ ~,~ac~ ~O~, [.0~ · Phone ~2'- ~3~..~x ~2'- ~-/~. 1 ~, Si~ on Ad~esdnt C~c~is~ do~ not o~nsfi~t~ ~OJeci ~or Street N~= ~pwv~ ~'h su~j~t ~o RECEIVEO -' ul-t: 0 Z---z003. [ Wireless Planning Services, LCC James B. Malless, AICP 845 Mississippi Ave. Lakeland, FL 33801 July 22, 2003 Michael Bosi, Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Section 2.6.35 Communications Towers for Pinnacle Towers Inc. Site on 305 Tower Road Dear Mr. Bosi: Enclosed are 7 sets of information to meet the Section 2.6.35 Communications Towers section of the Collier County Land Development Code. The following section of this letter is designed to meet several requirements regarding Communications Towers. Sections 2.6.35.4.5 and 2.6.35.5 - Pinnacle Towers Inc. agrees to lease space to any FCC licensed carrier at a reasonable rental rate assuming that the tower can structural support the antennas and the antennas will not cause interference with existing tenants. There are no restrictions on the parcel that would prevent PTI from leasing space. Section 2.6.35.5 - PTI agrees to respond to any inquires for tower space within 30 days. Section 2.6.35.6.7 - Pinnacle Towers Inc. acknowledges this section of the code. Section 2.6.35.6.24 - This tower and all antennas will meet or exceed the requirements of the FCC and PTI will manage the facility to meet the FCC standards and meet the NIER standards (Section 2.6.35.6.31 ). Section 2.6.35.6.26 - Additional Findings - The information provided by the US Coast Guard and its contractor Communication Services, Inc support a finding that there is no other facility to accommodate the Coast Guard communications needs. The fall zone letter is in the Communications Towers package. PTI has applied to the FAA for its approval and the approval is expected within a month. I am available at 863-838-961~6 to discuss the applications and to answer questions. Sincerely; James B. Malless, AICP Wireless Planning Services, LLC Attachments: CU-2003-AR-4524 PROJECT #2003060041 DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-4525 U.S. Department oj Homeland Security United States Coast Guard Commanding Officer United States Coast Guard Electronics Support Unit Miami 909 SE 1" Ave Miami, fi. 33131 Phone:(305) 415-7000 Fax: (305) 412-7127 Naples Collier County Government - Planning Services Department Subject: Site Selection Methodology and Justification The selected tower candidate in the Naples area is on the existing parcel owned by Pinnacle Towers at 301 Tower Road, Isle of Capri in Naples, Florida. In the effort not to build any new towers for the Rescue 21 program or at a minimum if tower construction cannot be avoided the desire to co-locate new construction at an existing site is preferred. We completed a search within a 5-mile radius of the existing site in Naples and did not find any viable alternate candidates. However al:ernate candidates were located in Bonita Springs (approximately 12 miles North), unfortunately due to the height requirement for the extra coverage needed because of non-optimum geographical location, these towers failed structurally, and the same scenario would fall into place of needing to build a new tower (only taller). The Coast Guard understands "Not In My Back-Yard" and if there was any other way to secure our coastline for our citizens and to provide the services we are counted on day in and day out any other way, we would go down that path. But unfortunately there is not. In the effort to produce no gaps of radio frequency coverage for the boating ommunity nation wide, the Naples site works in conjunction with towers to the north and sot~tn of Naples. With this tower being the most southern tower on the western coast of Florida, not getting an approval for a tower in this particular area could pose a domino affect for the towers already identified and secured on the western coast of Florida. The height of 700' is justified by the need of radio frequency coverage in the highly populated marine environment of the Marco Island vacation and resort area. This area has had poor radio frequency coverage for quite some time and is of great concern to the Coast Guard. With the height of a 700' tower in Naples Marco Island will have 100% RF coverage. Sincerely, Chief Petty Officer Electronics Technician Paul Christopher Rowe DEC 0 2 20S3 PROJECT #20030600 ..... DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-.4525 Rescue 21 Proiect Backgrounder Cailinl~ America's Lifesaver · The U.S. Coast Guard --"America's Shield of Freedom" -- provides an invaluable service to citizens of this nation. As the round-the-clock protector of America's inland waterways and coastlines (including 361 ports and harbors) the Coast Guard provides a myriad of services along roughly 95,000 miles of U.S. coastlines. These services include: · Search and rescue (SAR) missions to aid both recreational boaters and commercial mariners; · Law enforcement activities such as drug interdiction and immigration patrols; · Expanded national defense and homeland security duties in support of the war on terrorism; · Environmental response to assist in the cleanup ofoil and chemical spills; and Other operations in support of maritime safety and security. · The Coast Guard is part of the U.S. Depathnent of Homeland Security (Tom Ridge, Secretary). Expandine Mission · The Coast Guard is best known worldwide for its search and rescue (SAR) mission expertise that dates back more than 200 years to the earliest days of the Revenue Cutter Service and Life-Saving Service. · Today, despite the nation's best efforts to prevent maritime accidents, the Coast Guard responds to approximately 60,000 emergency calls and saves nearly 5,000 lives in an average year. In addition to responding to communications from other Coast Guard Stations and vessels, Coast Guard watchstanders respond to emergency signals and calls that are delivered from civilian commercial and recreational boaters via cell phones, handheld VHF signals, Marine VHF signals, HF and MF signals, flares, flash lights, and flags. · Coast Guard SAR response involves multi-mission Stations, cutters, aircraft, and boats linked by communications networks. The National SAR Plan divides the U.S. area of responsibility into internationally recognized inland and maritime SAR regions, with the Coast Guard acting as the maritime SAR coordinator. To meet this responsibility, the Coast Guard maintains SAR f~cili*ies on the East, West, and Gulf coasts, in Alaska, . Hawaii, Guam, and Puerto Rico, as well as on the Great Lakes and inland U.S. waterways. About Rescue 21 · Rescue 21 is an advanced search and rescue (SAR) communications system that helps the Coast Guard more effectively locate and assist boaters in distress. The new system- fully operational by September 2006 -- replaces the Coast Guard's current communications system, the National Distress Response System (NDRS), built in the 1970s. Among other capabilities, Rescue 21 enhances line-of-site coverage, increases position localization on a VHF-FM transmission, increases the number of voice and data channels available to the Coast Guard from one to six, and improves communications and information sharing between Coast Guard units and their federal, state, and local partners. Rescue 21 will save lives in the 21~t century. 21 Installation A $611 million program, Rescue 21 plans call for the first systems to be in p Rescue DEC 0 2 30, 2003, in Atlantic City, N.J. and Chincoteague, Va. Plans call for system installation to be completed in all 46 Coast Guard regions by Sept. 30, 2006. · Rescue 21 communications hardware and software will replace the current National Distress and Response System (NDRS), which has been in operation since the 1970. · Rescue 21 entails the replacement of 3,000 Coast Guard portable VHF-FM radios; also, replacement will include: · Equipment at all remote VHF-FM transceiver sites and supplementing the network that interconnects the remote sites to the Coast Guard facilities; · Communications consoles at 270 Coast Guard facilities · Communications equipment on 657 Coast Guard vessels Rescue 21 Timelines · Rescue 21 implementation plans call for the first systems to be in place by September 30, 2003 in Atlantic City, N.J. and Chincoteague, Virginia. · Thirty-five percent of the sites, or 16 out of 46 regions, are to be completed by September 2004. Deployment plans call for system installation in all 46 Coast Guard regions coast- to-coast by September 30, 2006. · The Coast Guard's search and rescue (SAR) mission is likely to become even more challenging in the years ahead. Current and future trends indicate: · Increased maritime trade, resulting in unparalleled growth in the size and numbers of ships using inland, coastal, and international waterways; · Fishing vessels and offshore petroleum platforms venturing farther offshore; and · U.S. Coast Guard Rescue 21 Press Kit Facts Page 1 of 3 United States Coast Guard Rescue 21 Communications & Outreach Plan · Dramatically increasing numbers of personal watercraft and recreational boats, fueling greater congestion in the nation's waterways. Rescue 21 Features and Benefits · Rescue 21 ensures continuous enhanced radio coverage out to 20 nautical miles from shore. Rescue 21 is powerful enough to hear the low-powered (1-watt) marine radios transmitting from 20 nautical miles offshore. Higher-powered radios may be heard even farther offshore. · Rescue 21 supports a modem distress call feature known as Digital Selective Calling. The DSC signal received by Rescue 21 transmits vital vessel information, position, and nature of distress (if entered) at the push of a button that can be relayed through other nearby vessels to shore-side rescue authorities. The DSC radio can continuously transmit a MAYDAY automatically when the vessel operator may be prevented from doing so. To make this technology work, however, the boater must properly register the radio for an MMSI number and en~sure it is connected to a Global Positioning System (GPS) navigation system. · Rescue 21 increases channel capaci .ty and allows for simultaneous communications on six channels, from commonly used Channel 16 to the new Channel 70 for digital selective calling (DSC). This enables Coast Guard watch standers to conduct multiple operations ..... · Rescue 21's position location or direction finding capability allows Coast Guard personnel to pinpoint distressed vessels with either an actual position or along a bearing with 2 degrees accuracy. / AGE~IT~,~ · Rescue 21 offers protected communications for sensitive (unclassified) inf(~xnat~4~, boat Rescue · tracking for response coordination and digital voice recording with immediate playback for analyzing weak distress calls. Rescue 21 reduces system downtime by maintaining a 99.5% operational availability rate. 21 and the Environmen.t Whenever possible, the Coast Guard will co-locate system hardware or use/modify existing structures. · Should new towers need to be built, the Coast Guard will attempt to erect new towers on existing Coast Guard property and work hand-in-hand with officials from the U.S. Fish & Wildlife Service so as to minimize the impact on the environment. Only when absolutely necessary will the Coast Guard erect new towers elsewhere. · The most likely Rescue 21 environmental impacts will occur in deployment sites on or near migratory bird flyways. Towers with guy wires especially pose a collision hazard to migrating flocks of birds, and are only being constructed if no other options exist. · The Coast Guard is also committed to minimizing the impact of new tower construction on environmentally fragile wetland areas and historically significant sites. Rescue · 21's Interoperability Rescue 21 improves communications and information sharing between Coast Guard units and their federal, state, and local parmers. This is vital to assure the well being of both recreational boaters and commercial mariners in regions requiring joint federal, state, and local response. By replacing outdated technology with a fully integrated communications system that bridges interoperability gaps, the Coast Guard's ability to protect mariners and our coasts -- especially in this time of heightened homeland security -- will become increasingly more effective. Communication Limitations · The communications network that currently acts as the backbone to the Coast Guard's SAR efforts · is the National Distress and Response System (NDRS). Established more than 30 years ago as a sort of"maritime 911," th~s vutV-FM-based system has a range of up to 20 nautical miles along most of the U.S. shoreline. While this system has served the Coast Guard well over the years, it consists of out-of-date and non-uniform equipment and includes numerous communications limitations. These limitations include: · Limited direction finding capability; · Numerous communications coverage gaps; · Lack of communications interoperability with Coast Guard's various partners and customers; and · Single channel radio operation, which prohibits the ability to receive radio calls when the system is engaged in a transmission. The Solution: Rescue 21 · In October of 2002, the U.S. Coast Guard began modernizing the 30-year-old Coast Guard's antiquated SAR communications and data systems technology replaced by newer, more advanced, and more effective communications technol developed by General Dynamics Decision Systems under a project called "Res System implementation of Rescue 21 kicks off in Financial Year (FY) 2~ qDRS. The iS hMn~ ue 2 03. DEC 0 2 2323 Deployment plans call for completion of system installation in all 46 Coast Guard regions coast-to-coast by the end of FY 2006. United States Coast Guard Rescue 21 Frequently asked Questions 1. What company was selected as the winner of the RESCUE 21 contract? · General Dynamics-Decision Systems (GDDS) of Scottsdale, AZ 2. Are there any subsidiaries or subcontractors? · American Nucleonics Corps, Westlake Village, CA · BAE Systems, Austin, TX · 'CACI, Inc, Chantilly, VA · Communications Services, Inc, Mesa, AZ · Motorola, Inc, Hanover, MD · Fuentez Systems Concept, Inc. (FSC), Charleston, S.C. · L&E Associates, Oxon Hill, Md. 3. Why was General Dynamics-Decision Systems selected? · GDDS's proposal was evaluated as the overall best value to the Government in meeting the requirements defined in the Request for Proposal. 4. Why does the Coast Guard need to modernize its national distress system (NDS)? · Modernizing the Nation's maritime 911 system is absolutely needed to ensure America's waterways remain safe. · The existing system is difficult to maintain and inadequate to meet the safety requirements of the growing marine traffic. 5. What benefits will RESCUE 21 bring? · RESCUE 21 will greatly increase detection and localization of distress calls. · Eliminate known radio coverage gaps. · Enhance Coast Guard command and control capabilities across all missions, including homeland security, on the Nation's inland and coastal waterways. 6. Prior to this contract, how much had the Coast Guard expended to develop the · project? · Effort up through Phase I cost $49.1 million (FY97 - FY01) 7. What is the Coast Guard asking for in its current budget request? · We requested $90 million in our FY03 budget request to complete the first 6 regions (out of 46 total) and to begin 15 new regions. What is the value of the RESCUE 21 contract award? t 8. · The RESCUE 21 production and deployment contract has an initial away of $25 million, with a total value, including all options, of$611 million./ AC.~NDA ITENI DEC 0 2 2003 9. When will the system be deployed and when will it be completed? · The RESCUE 21 system will be fully deployed around the country by 2006. · The first deployment sites are Coast Guard groups in Atlantic City, NJ, and Eastern Shore, VA (on Chincoteague Island). 10. What was the criteria for selection of the first deployment sites? · The main criteria was to deploy the system in the shortest timeframe. 11. How long will it take to complete the deployment? · The first systems are planned to be in place by the end of FY03; 35% orl 6 of 46 regions completed by the end of FY04; 70% or 36 regions completed by end of FY05; with the deployment completed by thc end of FY06. (The rollout plan is also on our web site.) 12. How does RESCUE 21 improve on the existing system? · RESCUE 21 will continuously monitor Channel 16 and the new Channel 70 Digital Selective Calling channel for distress calls. · Provide continuous radio coverage out to 20 nautical miles, eliminating existing radio coverage gaps. Provide caller location information. · Automatically record and play back distress calls, and allow the Coast Guard watchstander to slow them down and adjust the quality until thc message is understood. Track Coast Guard response assets. · Provide intcroperability with other federal, state and local public safety partners. · Protect sensitive information. · Enable the Coast Guard to meet the federal narrow-banding mandate. · Provide greater reliability, availability and recoverability. · These features not only increase the Coast Guard's ability to successfully respond to search and rescue cases, but also increase its ability to successfully perform other Coast Guard missions. 13. What components must be upgraded and what advantages do the upgrades provide? · The existing componqnts will not be upgraded. The entire system will be REPLACED. 14. How antiquated is the existing system? · The system was installed in the early 70's. · A good analogy would be to compare computers in the early 70's to the available units today. Communications technology basically advances at the same pace. Security?15' How does RESCUE 21 relate to the CG's Deepwater project? .... HomelaT ~^c'~°^.'7 ,rr.n~ D£C 0 2 2003 · Rescue 21 will form the backbone for the Coast Guard's short-range communications system. Deepwater will update and improve the capabilities of the Coast Guard's current fleet of ships and aircraft. · RESCUE 21 provides interoperability between Deepwater and the Homeland Security agencies that enables the rapid exchange of information with our various operating partners. 16. When did the CG initiate this project? · This project was initiated in the mid-1990's. 17. Are there cases where the more modern system may have saved lives or enabled the Coast Guard to more efficiently respond to an emergency? · To say that RESCUE 21 would have changed the outcome of past cases would be purely speculative. The new system will reduce response times by providing the technology to help take the search out of Search and Rescue, which in turn will save more lives. 18. How will the Coast Guard train its people to use the new system? · Training for RESCUE 21 has been integrated into the contract. · The contractor will develop and deliver both entry and advanced level training programs for Coast Guard personnel. · Th~.~c.?ntractor will also provide on site training when the system is delivered to a region. 19. Can the system be deployed sooner? · No. The schedule was designed to deploy the system in the most efficient manner possible. 20. If it is to be phased in how will this affect the units with the existing system? · As specified in the contract, the Coast Guard will be able to continuously monitor distress calls throughout the transition. 21. Will this sys*,~'~ be interoperable with DOD? · The REY ', has been designed to work with other agencies including the DOD and civihan agencies using federal communications interoperability standards. % 22. Has the recent OMB budget restriction on homeland security information technology spending affected deployment of RESCUE 217 · No. RESCUE 21 was reviewed and determined to be a mission critical system, which should not be delayed. 23. Will boaters need to buy any new equipment? · No. Existing marine radios will be compatible with RESCUE 21. 24. Will RESCUE 21 be capable of responding to cell phone distress calls? DEC · RESCUE 21 is a radio-based system and does not replace cellular or mobile phone systems. · Cell phone calls will continue to be received as they are now. 25. How is RESCUE 21 a better distress system than using a cell phone? · RESCUE 21 provides full coverage out to 20 NM, whereas cell phones do not. · Cell phones are point-to-point transmissions that can only be received by a single party. RESCUE 21 provides broadcast signals that can be received by other vessels / aircraft within range of the broadcast, thereby increasing probability of rescue. 26. Does the Coast Guard intend to replace Channel 16 communications with Digital Selective Calling? · The Coast Guard has no near-term plans to replace Channel 16 as the primary method of distress notification. The Coast Guard will begin monitoring Channel 70 (Digital Selective Calling channel) with the deployment of Rescue 21. If properly registered with a Mobile Maritime Service Identity (MMSI) number and interfaced with the vessel's GPS, a DSC radio signal transmits vital vessel information, position, and the nature of distress (if entered) at the push of a button. 27. How far will Rescue 21 penetrate interior to the U.S.? · Rescue 21 coverage will extend 10 miles inland from the territorial sea b ..zeline of coastal rivers or waterways. In addition, when fully implemented, Rescue 2 '~ will provide coverage in the Great Lakes and along the Western Rivers. DEC 0 2 2003. 36, Communication Services, Inc. Site Selection: Naples Tower 305 Tower Rd. Naples, Fl. 4710 Eisenhower B/vd., Suite C-S, Tampa, FL 33634 Telephone (813) 882-8470 Fax (813) 882~8478 Communication Services/nc. working as a Sub Contractor to General Dynamics has performed the due diligence for the United States Coast Guard for their Rescue 21 Project. The Due Diligence Process for this site began in the year 2001. This site was originally selected as an existing 700 fl. tower that was capable of handling the installation of the USCG Equipment. The tower has since been reduced to 500 ft and is no longer capable of handling the USCG Equipment at the Needed Elevations. It is for this reason that we are requesting the approval to install a New 700 fl. tower at this existing location. We have attached the following information to clarify the vast amount of effort and research invested in the selection of this particular location as well as an overall view of the Rescue 21 Project. I. Rescu~ ? 1 Project Des'C~/ption 2. Rescu. 21 System Capabilities 3. Rescue 21 Implementation 4. Rescue 21 Project Status 5. Site Identification Form ( J-07P ) 6. Site Lay Out 7. Site Location Maps 8. Existing Site Pictures 9. Vicinity and Access Maps 10. Justification Report 11. Environmental Analysis Summary 11. Environmental Site Assessment Checklist 12. Frequency Authorization Request Form ( J-08P ) 13. RF Analysis Summary 14. RF Co-Site Interference ~nalysis 15. Construct/on Plan Cover Rescue 2l.doc i DEC 02 2P 03 CU-2003-AR-4524 -- PROJECT #2003060041 DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-4525 National Distress and Response System Modernization Project ~ U,S. COAST GUARD I E$CUE21 S/{VfNG LIVE5 IN THE 21s ' CENTUI Y Project Description Objective The objective of this project is to modernize and upgrade the National Distress and Response System. Follow this link to an Adobe Acrobat 5.0 file for an introduction to the project--"NDRSMP 101." The NDRSMP is one of the cornerstones of our transformation in shaping the future of our service. The project began in the mid-1990s when it became apparent that the current NDRS was becoming technologically obsolete. The modernized system will provide the Coast Guard with a means to: Coordinate search and rescue response operations. Provide command and control (C2) for Coast Guard units (Active, Auxiliary, and Reserve) performing klaritime Safety, Maritime Law Enforcement, Na'.'ional Security, and I~Ibrine Environmental Protection missions. .'he NDRSF1P will provide essential communications between Coast Guard facilities (e.g., Activities, Groups, Sections, MSOs, Stations, cutters, boats, selected vehicles, and detached personnel), the Coast Guard's customers (e.g., recreational and commercial mariners); and partners like other Federal (including the other military services), state, and local agencies. Follow this link to an Adobe Acrobat 5.0 file showing the _NDRSNIP conceptual architecture, The modernized system will support all Coast Guard missions in the coastal maritime environment: Maritime Safety, Maritime Law Enforcement, National Security, and Marine Environmental Protection. Background The current NDRS consists of a network of approximately 300 VHF-FI~I antenna high sites with analog transceivers which are remotely controlled by regional communication centers and selected stations providing coverage out to approximately 20 nautical miles from shore in most areas. The present system does not provide complete coverage ctf continental U.S. coastal areas, bays, inlets, and river systems. There are numerous localized coverage deficiencies identified by local operational commanders. (Note: complete coverage for Alaska and Hawaii was not part of the initial design; this was a Coast Guard decision made in 1975). The existing system has the capability to guard channel 16 (VHF-FFI international distress frequency); however, the distress watch is interrupted during any transmission by the monitoring site. (Note: In the Western Rivers and Alaska, the system does not have Channel 16 guard receivers.). Next, C2 is often jeopardized because the system does not have adequate channel capacity and allows only one conversation on one frequency at a time. In addition, essential communications with ot~ er Fe~i~l~l~~ ~J~d local agencies are often hindered or unavailable due to the lack of compatible comm ~nic~pns Jipment. DEC 0 2 2003. Much of the existing equipment was installed in the 1970's. It is no longer commercially available off-the- shelf and is becoming increasingly difficult to support. The expected service life for this equipment was 15 years. Equipment failures have necessitated the replacement of many system components that are no longer commercially repairable. Enhancements such as multi-channel recorders, instant playback recorders, and localized direction finding equipment were installed in some locations to meet needs identified after the original system's construction. All of these factors have contributed to an overall lack of system integration and standardization. Acquisition Strategy The NDRSMp employed a two-phased acquisition strategy. Contracts for the Phase I Concept and Technolc Development were awarded to three Systems Integration Contractors (SIC)--General Dynamics Decision Systems (who acquired hlotorola System Solutions Group), Lockheed Martin Corporation, and Science Applications International Corporation (SAIC). In Phase I, the three SICs developed the functional design, the preliminary design, and demonstrated and validated the design for operational and functional suitability The main objective for this phase was to develop design concepts that will best satisfy Coast Guard mission requirements at an affordable cost, with minimum acceptable technical risk. The Phase I SICs participated in a limited competition for Phase II, System Development, Demonstration, Production and Deployment. The Phase II Request for Proposal (RFP) was released on February, 8, 2002; i~ solicited proposals for the full-scale development of the modernized system from the three SICs. Final proposals were received on 08 April 2002 and were thoroughly evaluated for technical approach and cost. T Government selected the proposal that represented the best value to meet the NDRSMP requirements, and 24 September, 2002 the Phase II contract was awarded to General Dynamics Decision Systems to deploy th Rescue 21 system. Under this contract, General Dynamics will be responsible for final design completion, testing, implementation, deployment, and initial system support. Every effort will be made to ' · ..: _ developmental (off-the-shelf) equipment. A limited amount of s stem d ~ . utmhz.e non ev~,opment and design evaluation can be expected in order to provide integra' ~)n of the non-developmental items. The overarching objective for the SIC to build the entire system and p~-ovide single-point responsibility. ~USCG Home Paqe] I ~ Last modified: 12/20/2002 17: 15:19 U.S. Oepartl DEC 0 2 2003 National Distress and Response System Modernization Project U.S. COAST GUARD RESCUE2! SAVING LIVES IN THE 21st CENTUFeY Rescue 21 System Capabilities The core function of the National Distress and Response System Modernization Project (NDRSMP) is to provide reliable two-way voice and data communications between shore stations, vessels, and vehicles in the coastal maritime environment. Follow this link to an Adobe Acrobat 5.0 file to see a summar3, of NDRS capabilities. Capabilities of the "Rescue 21" system include: Communications Coverage. The system will provide coverage out to 20 nautical miles seaward of the Territorial Sea Baseline of the contiguous U.S. Coast, Hawaii, Puerto Rico, Virgin Islands, Guam and Gulf of Alaska coastal zone. Coverage also includes the Great Lakes, navigable waters of the Intracoastal Waterway System, and the Western Rivers. Coverage is based on a transmission from a low-power, one-watt omni directional transmitter at two- meters of elevation. This is the minimum transmit strength for a VHF radio. However, it is important to note that the standard VHF marine radio transmits at 25 watts, resulting in a considerably greater coverage area. Position Localization. Direction finding (DF) equipment that is accurate within plus or minus two degrees will be installed throughout the entire communications coverage area. At a minimum, the DF equipment will provide one line of bearing (LOB) to a voice transmission. The maximum search area to locate mariners, with a single line of bearing, is 25 square nautical miles. In many regions, the system will receive more than one LOB, which will reduce the search area. Furthermore, a Digital Selective Calling (DSC) radio equipped with GPS will provide a pinpoint location. Follow this link to an Adobe Acrobat 5.0 file to learn more about the modernized system's DF capability Digital Selective Calling (DSC). The modernized system will include DSC send and receive capability in the entire coverage area. Low cost DSC radios are capable of instantly transmitting exact location, name of vessel, nature of distress and other vital information when used in conjunction with an integrated GPS receiver and properly registered Maritime Mobile Service Identity (MMSI) number. Operational Availability. Operational commanders and mariners in general rely on the NDRS 24 hours a day, 7 days a week for vital communications. The modernized system will demonstrate a high state of operational readiness--99.50%---for all critical functions. Channel Capacits,. Sufficient capacity to perform in multi-functional mission areas, in crisis operations, and support multiple operations in the same or separate geographic areas. This includes six simultaneous communications channels to include distress channels 16 & 70 DSC, two VHF-FM channels, one UHF channel, and one VHF~FM or UHF data channel AC-.ENDA IT~ Data Communications. Send and receive data on one communication channel at 9.6 :bs. DEC 0 2 2003 · Automated Broadcasts. Both VHF-FM voice capability and automated transmission of scheduled/unscheduled marine information broadcasts. Interoperability. The modernized system will interoperate with federal agencies (such as FEMA, DOD, FBI, Secret Service, DEA), and State and local government agencies (such as police forces and emergency service agencies) to support emergencies or natural disasters. The system will use the Association of Public Safety Communications Officials' (APCO) Project 25 standard. Maintainability. Since the modernized system provides vital communications for Coast Guard units and mariners in many areas, a national maintenance strategy has been developed to reduce system down time and meet the operational availability requirement of 99.50%. Automatic Asset Tracking. The new system will be capable of automatically tracking the position of all Coast Guard mobile assets (i.e. vessels, aircraft, etc). This will enhance the Coast Guard's ability to coordinate all mission activities. Recordable Communications. The new system will digitally record, time stamp, and provide the instant playback and archiving of unclassified communications, both voice and data. Protected Communications. Provide covered (protected) communications of Sensitive, But Unclassified (SBU) voice and data information throughout the coverage area, using Al>CO - 25 standards.. Recoverability. Restore critical functions under degraded conditions ranging from accidents and natural disasters to conventional war within 24 hours and full recoverability within seven days. U.S. Oeperlment of Transportation [Official USCG Home Page] J l'Webmaster] Last modified: 07/02/2003 15:45:34 AGENDA ITEM/0 DEC 0 2 2003. National Distress and Response System Modernization Proje, ~ U.S. COAST GUARD ~ I?E$CUE2! ~VING LIVES IN THE 21~t CENTlJBY Implementation The NDRSNP team has shifted its focus from system design to system implementation. This corresponds to the transition from Phase I (Concept and Technology Development) to Phase II (System Development, Demonstration, Production and Deployment). The modernized Rescue 2:[ system will be deployed in the 46 Coast Guard Group Regions during a three-year period (F-YO3-FY06). The System will be deployed region by region in accordance with the nationwide implementation schedul(. As per the implementation schedule, the system will first be deployed in two Initial Operational Capability (IOC) or prototype regions (Groups Atlantic City and Eastern Shore). After the system is installed, thoroughly tested and operating correctly in the prototype regions, deployment will commence in the remaining Coast Guard regions starting with the Low Rate Initial Production (LRIP) regions (Groups St Petersburg, Mobile, Seattle and Port Angeles. Process Rescue 21 deployment is built upon a 5-stage process. The first step is internal data gathering and unit awarene¢~ conducted by the NDRSMP team. The remaining 4 steps are structured as delivery orders to be ~.erformed by the Phase II Systems IntegraUon Contractor (SIC). The project staff has established independent teams that will work closely with regional representatives to facilitate and monitor the progress of each of the implementation stages. This process will be carried out independently in each region. · Preparatory Stage - During this stage, a project team will work closely with region personnel to raise their awareness about the upcoming system deployment and gather information that is needed for subsequent stages. Some of this information includes operational schedules, unit points of contact, and other regions specific data. · Detailed Regional Implementation Plan Stage -The SIC will gather information through site surveys of the region and develop a detailed plan for the deployment of the system. This stage will involve visits by the SIC to Coast Guard units throughout the region. Following the site surveys, the SIC will submit the Detailed Regional Implementation Plan to the Coast Guard for review. Project personnel will team with region representatives and members of their chain of command to review these plans and address issues as necessary. · Infrastructure Preparation Stage - During this stage, the SIC will prepare the infrastructure within a region so that the communications equipment can be installed during the following stage. This involves establishing remote antennae sites, or Remote Fixed Facilities (RFFs), to support the new system and the installation of a data network that connects the RFFs with CG communications centers. This stage may also involve modifications to existing Coast Guard units. DEC 0 2 2003, Znstall and test the modernized system - During this stage, the SZC will physically install the communications equipment at CG facilities (i.e. RFFs, communication centers and vessels' throughout the region. After the new system is installed and thoroughly tested, it will becom~ the operational system and the legacy system (old system) will be de-installed. Operator training will be provided by the SIC during this stage. Support and Maintenance Stage - The SIC will provide follow-on maintenance and support of the modernized system through a national maintenance contract. [.Official USCG Home Page] I ~ Last modified: 12/20/2002 17:15:53 U.S. DEC 0 2 2O03 Pi. National Distress and Response System Modernization Projecl - U.S. COAST GUARD ~ RESCUE2! LIVES IN THE 21st CENTUFFY Project Status Status The Coast Guard completed the Phase I contract (Concept and Technology Development Phase) of the project on February 5, 2002. The Phase II Request for Proposal (RFP) was released on February 8, 2002; it solicited proposals for the full-scale development of the modernized system from each of the three Phase I System Integration Contractors (SICs). The Coast Guard evaluated each proposal and selected the proposal that represented the best value to meet the NDRSMP requirements, and awarded the Phase II contract to General Dynamics Decision Systems on September 24, 2002. General Dynamics is responsible for final design completion, testing, implementation, deployment, and initial system support. Significant milestones are summarized below: Request for Proposal (RFP) for Phase I was released to industry on December 2, 1999. Phase I System contracts were awarded on August 2, 2000 to Lockheed Martin Corporation, Motorola System Solutions Group, and Science Applications International Corporation (SAIC). The award was announced in COMDT COGARD WASHINGTON DC 071855Z AUG 00 (ALCOAST 325/00). Key Decision Point (KDP) 2 was approved ]anuary 31, 2002. This decision enabled the NDRSMP to move into Phase II. Phase I contracts ended on February 5, 2002. During Phase I, the SICs developed their functional design, their preliminary design, and demonstrated and validated their design for operational and functional suitability. Additionally, the Phase I SICs completed detailed site surveys for the Initial Operating Capability (IOC) regions [Groups Atlantic City and Eastern Shore] and the Low-Rate Initial Production (LRIP) regior~ [Groups Seattle, Port Angeles, St. Petersburg and Mobile]. The Request for Proposal (RFP) for Phase II was released to the Phase I contractors [Lockheed Martin Corporation, General Dynamics Decision Systems (who acquired Motorola System Solutions Group), and Science Applications International Corporation (SAIC)] on February 8, 2002. This was announced in COMDT COGARD WASHINGTON DC R 121757Z FEB 02 (ALCOAST 056/02). Proposals from each of the three Phase I SICs were received by the NDRSMP Project office on 08 April, 2002. DEC 0 2 2003. After a thorough proposal evaluation phase, during which each proposal was evaluated objectively for technical approach and cost criteria, the Coast Guard determined the General Dynamics proposal represented the best overall value to the government, and on September 24, 2002 awarded the Phase I! contract to General Dynamics Decision Systems, Timeline The following table provides a high-level summary of the project schedule. ~Completion Date ~ Event/Activity ................... .December 1999 !Issue RFP for Phase I- Concept and re~;i0~;'iS~;~i;~}n~h~ ..... ; ;August 2000 .Award Phase I Contracts : March 2001 'System Design Review ~ GARC Meeting - Revised Operational Requirements Document i June 2001 i(ORD) (Change 1) and Acquisition Project Baseline (APB) (Change : · October 2001 :Prelimin~,'~-esig-r~'l~¢i~~w ................................................ iNovember 2001 iCriticaJ Functions Demonstration iJa~uary 2002 !Key Decision Point (KDP) 2 (per SAM 2001 · .Production and Deployment !~'el~i'fi~'i~} ~2'005 .... :S';'~-s-~i~e~h-~n D'%i~i;h .................................... iS~ptember 2002 Award Phase II Contract :Q 1 FY03 - Q3FY03 iComplete Developmental Test Report !Q3FY03 - Q4FY03 .Complete Operati0-~i ;i'~st'l~:~r~ ;Q3FY03- Q4FY03 Achieve Rescue 21 Initial Operaii~-fiaF~hi;~iii-t~(-I6~i :Q3FY06 - O4FY06 :Achieve' Faii }5~eraii~h'a~ 'Cap- Uiiiiy .................... [Official USCG Home Paqe] ] ~ Last modified: 12/20/2002 17:18:03 f~ U.S. Oepartmenl of Transporlal~o~, A~NDA ~T~ DEC 0 '2 2003 P~, 5.13.2 SITE IDENTIFICATION INFORMATION (J-07P FORM) SITE IDENTIFICATION INFORMATION (The following information needs to be submitted by the NDRSMP System Integration Contractor for each site that the USCG. Real Property Branch will be responsible for acquiring. This form needs to accompany the package of information that is to be submitted for each site. An explanation is required for any box checked N/A below). A 7TACHMENT J-O7P (For DRIP submission as )art of the P! se Il SITE LOCATION Naples N/A I. Provide accurate description on thc location of thc property. Use physical address; otherwise provide section/township/range, latitude and longitude, or Tax Map Key Number. Address: 305 Tower Road, Naples, FL 34112 Latitude: 26° 03' 12" Longitude: 81° 42' 10" Parcel: 724360000 2. Attach site map, location map, region map and photos. From St Petersburg: Take ~l_ Interstate 275, 19 miles South to Interstate 75. Take 1-75 South, 128 miles to SR 84. Take SR 84 about .5 miles to County Road 951. Take CR 951 West. 6.6 miles to US 41. Pass through ~(~d ~~ US 41 and go an additional 1.5 os,~ ~ ~o Miles South on the dght look for the dirt access road to the site. '~ / Old Grove 5-34)5.801 DEC 0 2 2003 5-214 Volume II - DRIP 5 St. Petersburg I~. Use or disclosure of data contained on this sheet is subject to the restriction on the title Page of this proposal .......... - . '-; / ~).acksonvIIle Region Map ~RIFFIN ~D ~ ~ ~ 0 ~ ~ ~ ~ ' SHELL 15~ND ED , ~ ..................... DEC Volume II - ~RI~ 5 St. ~etem~ur~ ~:~ Use or disclosure of d*ata contained on this sheet is subject to the restriction on the title Page of this proposal It will take two sites to replace the extende~ tower at Naples with reduced coverage ,,~,,. Naples Replacement ~ t Naples replacement ~2 DEC 0 2 2003 CONFORMING (YES)(NO) AVAILABLE (YES)(NO) ZONING: AG. For Official Use Only TSP PLAN NO. TOWER SITE SHARED USE PLAN (TSP) FOR: Pinnacle Towers Inc. This plan (is)(is not.) associated with any tower shared use plan(s). If associated, the Tower Shared Use Plan(s) is/are number(s) Zoning classification of tower site is: agriculture. This tower site (is)(is not) owned by a government. This tower site (is)(is not) perpetually unavailable. 4. This tower site is a (permitted)(conditional) use. T;,is tower site (is)(is not) an essential service conditional use site. The effective date of the original acceptance of this plan by Collier County is N/A. This plan has been amended as follows: (List all pages amended after original execution and acceptance: 7. This tower site (is)(is not) a non-conforming land use. 8. The size (acreage) of the subject site is: 14.55 acres. 9. Location of tower site: Street address is: 305 Tower Road. Longitude/Latitude of tower site is: 26-03-11.32 / 081-42-10.40. CU-2003-AR-4524 PROJECT #2003060041 DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-4525 DEC 0 2 2003. Legal Description of site: A tract of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the.deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest comer of said Section 3; thence along the West line of said Section 3 North 00°00' 15" West, 920.69 feet to a concrete monument found at the Northwest comer of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30'' East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00'15" East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast comer of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75o26'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09'', radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45°44'36" West, 103.94 feet to an iron pin set; (3) South 16°04'49'' West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31'', radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53o10'20" West, 54.21 feet to an iron pin set; (5) North 89°48'15" West, 341.90 feet to a concrete monument, found at the Southwest comer of a certain Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00003'32" West, 178.61 feet to an iron pin set at the Northwest comer of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21'' West 268.79 feet to a concrete monument found at the Southwest comer of said "General TV Tract", also being in the West line of said Section 3, being also the Southwest comer of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15" West, 712.23 feet to a concrete monument found at the Northwest comer of said "General TV Tract", being also the Northwest comer of the tract herein described; thence along the Northerly line of said "General TV Tract" and parallel with the South Iine of said Section 3, South 89o52'30" East, 799.84 feet to the POINT OF BEGINNING. DEC 0 2 2003. 10. 11. 12. 13. Site Survey. Provide a boundary survey, signed and sealed by a professional surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, fights-of-ways, areas dedicated to the public, existing buildings, towers and/or accessory facilities. Name(s) of all owner(s) of the tower site: List the names of each and every co-owner of the tower site. If the tower site is co-owned by two or more owners, or any individual entities, the full name of each co-owner individual or entity must be specified in full. Add an addendum if needed. Pinnacle Towers Inc., a Delaware Corporation. Contact Person: Keith Drucker, Vice President of Operations List the name of the individual(s) associated with owners that County Staff can contact to administer the Plan. Keith Drucker, Steve Smith, Mike DeBoer, Karin Jackson, Brett Buggeln, Scot Lloyd, Mike Ba!i~ Stephen Crawford. The following individual or individuals are hereby authorized by owner(s) to file amendments to this plan: Keith Drucker, Steve Smith, Mike DeBoer, Kafin Jackson, Brett Buggeln, Scot Lloyd, Mike Ball, Stephen Crawford. Phone Number(s) of Owner(s): 941-364-8886. Tower Site Limitations. List site limitations or constraints if any, that may limit or prohibit the construction of additional towers, tower sites, buildings, and accessory facilities. All such alleged limitations or constraints must be approved by the County. There is an existing tower on the same parcel owned by Pinnacle Towers Inc. 14. 15. Site Plan. Each Tower Site Plan' shall include a copy of the approved and/or amended Conditional Use Site Plan and the approved and/or amended Site Development Plan for the subject site. Elimination of the Conditional Use Site Plan and/or Site Development Plan as required shall result in a disapproval of the plan. Miscellaneous Relevant Information: This 14 acre site has a 524 foot tower existing at this site. See attached listing for currently mounted antennas on towers. Collocation opportunities shall be verified through structural analyses to determine availability. DEC 0 2 2003 CERTIFICATION BY OWNERS It is hereby stipulated to Collier County that the persons signing this shared use agreement have full power and authority to execute this plan on behalf of the owner(s). It is hereby stipulated and agreed that this plan is and shall be binding on any and all successors or assigns of the tower site Owner(s). It is agreed that if the oxvncr(s) sell or otherwise transfer ownership or leasehold interest or assignment of any lease by any tenant of the subject tower site and/or accessory buildings and facilities, that all successor owner(s) or assignee(s) shall be required by the owner(s) to become signatories to this shared use plan by addendum hereto. It is further agreed that no additional tower site, accessory building and/or facility shall be added to this tower site except in accord with this shared use plan as then amended. It is agreed that the owner(s) will promptly reply to all inquiries from others regarding possible use of the subject tower site, will negotiate in good faith to accommodate the needs of the inquiring person, and will otherwise comply with all provisions of Section 2.6.35 of the Land Development Code, the Collier County Communications Tower Ordinance, as then amended. SIGNATURE Blocks Signature of Property Owner _ .cector of Real Estate and Collocation Pinnacle Towers Inc. DEC 0 2 2003 2003. DEC 0'2 2003. 10 July 2003 Mr. Chds Haynes Construction Manager Pinnacle Towers, Inc. 301 N. Cattleman Road Suite 300 Samsota, Florida 34232 CU-2003-AR-4524 PROJECT #200306004 ! DATE: 7/31/03 MIKE BOS! COMPANION ITEM TO VA-2003-AR-4525 Reft Naples Flodda (Pinnacle Site Number 0117-003) Annual Inspection Report (FCC Number 1030232) 305 Tower Road Naples, Flodda Dear Mr. Chds Haynes Per your request FDH has completed an annual inspection of the aforementioned tower. The inspection procedures were in accordance with current TIA/EIA Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (Annex E: Tower Maintenance and Inspection procedures). The current Standard is TIA/EIA-222-F, dated June 1996. The attached report indicates that the following deficiencies need to be addressed to bdng the tower into compliance with current TINEIA, Annex E, Standards: 2. 3. 4. The corroded base bolts and approximately 20 - 30% of the flange bolts need to be replaced. The top level beacon has two broken red filters and one broken beacon bulb. The twist and out-of-plumb measurements indicate that the tower is not within the specir~d TIA/EIA tolerances. The guy tensions vary between 5.79% and 12.96% of breaking strength. The acceptable TINEIA tolerances are between 8 - 15% of the specified breaking strength. It is the opinion of Staff Engineers at FDH Engineering that the bent diagonal members will not compromise the structural integrity of the tower. FDH therefore will not address the bent members in our scope of work below. FDH, Inc., has been contracted by Pinnacle Towers, Inc., to address the deficiencies mentioned above. Our anticipated start date is Tuesday, 15 July 2003. Our scope of work is as follows: o Supply and replace all flange bolts/nuts on tower. Bolts will be galvanized with a grade of A-325. Fix base bolts/nuts per Engineers specifications. Re-lamp the total tower and replace the red inserts on the top beacon. breaking Correct the guy tensions to 10% of the published Engineers recommendations. Adjust the twist and out-of-plumb measurements specifications. to spec, ii r~n~fh n~_r DEC 0 2 2003. Pinnacle Towers, Inc. · ~c:. lO July 2003 Once the above issues have been propedy addressed the tower will be in compliance with TIA/EIA specifications. We anticipate the above project to be completed within four to five days once it is started. Thank you for the opportunity to provide this information. Please give me a call if you have any questions. I can be roached at (919)-755-1012. Richard L. Cullum Director of Field Services, General Contractor Attachments: Annual Inspection Report AC, ENOA ITEM DEC 0,2 2003 2 Pinnacle Tower Site - 0117 - 003 FCC # 1030232 Annual Inspection Report 305 Tower Road Naples, Florida I. Tower Condition Members 1. Bent members - Two diagonals are slightly bent. One at the base and near the top of tower. See photographs 2 and 3. 2. Loose members - The horizontal, due to a tower modification, on AB face near the bottom of tower is not attached on one side due to interference with coax. 3. Missing Members - None noted. 4. Climbing facilities, platforms, catwalks - all secure - Climbing members welded with no problems noted. 5. Loose and/or missing bolts - None noted except those mentioned in I,A,2 above. B. Finish 1. Paint condition - Flaking near top of tower. 2. Rust and/or corrosion conditions - One base nut rusted and miscellaneous bolts and diagonals rusted throughout tower. See photographs 4, 34 - 47, and 48 - 53. 3. FAA or ICAO color marking conditions - Seven bands are painted and within FAA standards. 4. Water collection in members - One weep hole was clogged. When unclogged a small amount of water came out of the tower leg. The tower leg didn't show any visible signs of damage. C. Lighting 1. Conduit, junction boxes, and fasteners weather tight and secure - No problems noted. 2. Drains and vents open - No problems noted. 3. Wiring condition - No problem noted. 4. Controllers functioning a. Flasher - No problem noted. b. Photo control - No problems noted. c. Alarms - No problems noted. 5. Light lenses - Top beacon has a broken red filter. See photograph 54 - 57 (mid - level beacons) and 58 - 59 (top beacon). 6. Bulb condition - Top beacon has one broken bulb. See photograph~ DEC 0'2 2003. [ D. Grounding I. Connections checked and secure - No problems noted. See photograph 5. 2. Corrosion - None noted. 3. Lightning protection secure - Climber indicated that the tower is missing a lighting rod. E. Tower base conditions o Ground conditions a. Settlements or movements - None noted. See photograph 15 and 20. b. Erosion - None noted. c. Site condition (standing water, drainage, trees) - Standing water around anchors. See photographs 10 - 14, 21 - 33 and 60 - 62. 2. Base condition a. Nuts and lock nuts - Leg A nut rusted b. Grout condition - None noted 3. Concrete Condition a. Cracking, spalling, or splitting - No problems noted. b. Chipped or broken concrete- No problems noted. c. Honeycombing - None noted. d. Low spots to collect moisture - None noted. e. Anchor-bolt corrosion - None noted. F. Tower Alignment 1. Tower plumb and twist. At 95° in 5-10mph winds. Masl Elev. I A I 01 (Feet) :.~i'::i':'~i:: ~+;:: ~'i~;~;,::-~'~:~,i~:.z~:~:~.~,~i~'-: 61.5 36.00 0.00 121.5 36.00 1.00 189.5 36.00 1.50 245.5 36.00 0.00 313.5 36.0O 2.00 520 1.50 0.00 0.00 1.50 4.50 5.0O 4.00 2.00 0.00 D3 0.0O 1.50 4.50 7.00 4.00 0.00 1.00 0.50 I I I Calculmted c'k:u~md I I I Out-of- 0.~ I0.~I 0.~ I 0.~ 0.~ I0.~1 z~ I ~.87 2.~ 10.~21s.,~I -1.73 3.~ I°-~8 I ~0.~I -~.~ 3.~7 I0-18 I ~0.~6 I 0.~ 2.~ I°-~2 I ~.9~I 2.31 2.~ I0.~0I5.52I 0.~ 0.~7 lo-031~-~ I ~.~ ).00 '1'°.® I ).17 I o.08 I ~-0o 1 2.0o I a.e3 1 4:~o I ~.s7 1~.7~ I '.0o 1 2.52 I ~-0o I ~.~5 I ]_83 I f) ffi I DEC 0 2 2003. G. Anchors 1. Settlement, movement or earth cracks - None noted. 2. Backfill heaped over concrete for water shedding - No problems noted. 3. Anchor rod condition below earth - No problems noted. 4. Corrosion control measures - No problems noted. 5. Grounding - No problems noted. 6. Anchor head clear of earth - No problems noted. H. Tower Guys 1. Strand a. Condition - no problems noted. 2. Guy Hardware Turnbuckles secure and safety properly applied - no problems noted. Cable thimbles properly in place (if required) - none noted. Cable connectors i. Cable clamps applied properly and bolts tight ii. Preformed wraps properly applied, fully wrapped, and sleeve in place-leg c top 2 wires were not fully wrapped (problem corrected). See photograph 69 and 70. 3. Guy Tension Guy Level $ 5 7 Guy Size 5/8 3/4 3/4 5/8 5,,"8 5/8 3/4 3/4 3,,'4 Tension at anchor0bs) Breaking %of Breaking atanchor Leg A Leg B Leg C ~rength Leg A .Leg B Leg C 3489,2773 3405,663 2625,95 42400 8,23% 8,03% 6,19% 4757,1675 6066,992 4860,365 58300 8,16% 10,41% 8,34% 3469,4756 3817,671 4771,588 58300 5,95% 6,55% 8,18% 4961,8767 2874,997 2694,522 42400 11,70% 6,78% 6,36% 2144,6475 3044,032 2393,475 42400 5,06% 7,18% 5,65% 2851,0269 2772,33 3107,418 42400 6,72% 6,54% 7,33% 3917.6359 7553,036 5544.657 58300 6,72% 12,96% 9.51% 5085,5108 3377,685 4547,911 58300 8,72% 5,79% 7,80% 3933.4685 4688.844 4255,251 58300 6,75% 8,04% 7,30% Antennas and Mounts A. Antenna Mounts and Antennas Members(mounting and stabilizing) a. Bent, broken, or cracked. - No problems noted. b. Loose - No problems noted. c. Missing - No problems noted. DEC022003., d. Loose and/or missing bolts - None noted. 2. Adjustments secure and locked - No problems noted. 3. Elements a. Bent, broken, cracked or bullet damaged - No problems noted b. Loose - No problems noted. c. Missing - None noted. d. Loose and/or missing fasteners - None noted. 4. Corrosion condition - None noted. 5. Radomes and/or cover conditions - No problems noted Feedlines (waveguide, coax, etc) 1. Hangers and supports a. Condition - No problems noted. b. Quality - No problems noted. c. Corrosion condition - None noted. 2. Flanges and seals (check integrity) - No problems noted 3. Line Condition a. Dents - None noted. b. Abrasions - None noted. c. Holes - None noted. d. Leaks - None noted. e. Jacket condition - No problems noted. 4. Grounds a. Top ground strap bonded both ends - No problems noted. b. Bottom ground strap bonded both ends - No problems noted. 5. Feedline support (ice shields) a. Properly attached - No problems noted. See photographs 6 - 9. b. Loose and/or missing bolts - None noted. c. Members straight and undamaged - No problems noted. DEC 0 2 2003 Photo Log I Site sign 2,3 Bent Diagonals 4 Rusty base bolt 5 Base grounding 6 AB Face 7,8 BC Face 9 CA Face 10,13,60 Leg A Anchor path 11,14,61 Leg B Anchor path 12,62 Leg C Anchor path 15,20 Tower base foundation 21 Leg A Inner Anchor 22,23 Leg A Middle Anchor 24 Leg A Outer Anchor 25 Leg B Inner Anchor 26,27 Leg B Middle Anchor 28 Leg B Outer Anchor 29 Leg C Inner Anchor 30,31 Leg C Middle Anchor 32,33 Leg C Outer Anchor 34-47 Rusty leg bolt 48-53 Rust on Diagonals 54-57 Mid-Beacons 58-59 Top Beacon 63-68 Tower Pics 69 Outer anchor leg C before rmng pre-forms 70 Outer anchor leg C after fixing pre-forms .,,--'7' DEC 0 2 2003- To wets In c July 7, 2003 Collier County Government Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 CU-2003-AR-4524 PROJECT #2003060041 DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-4525 RE: Pinnacle Towers lnc. new 700' guyed tower, Naples, Florida.(0! 17-004) To Whom It May Concern: ! am writing this letter in reference to your request to provide our opinion of the expected mode of collapse for the new 700' guyed lattice steel-type communications tower to be located in Collier County (Naples), FL. The tower is designed in strict accordance with the Electronics Industry Association Standard EIA/TIA-222-F, 1996 standard and the FBC. Due to the safety factors incorporated into the design standard, we would not expect the tower to fail the moment that the designed wind speed has been exceeded. Although it is extremely rare for a guyed tower to collapse, most failures occur during catastrophic natural disasters such as hurricanes or tornadoes in which total devastation to the surrounding area would also occur. Because of the various levels of guy cables designed to support the towers, it is virtually impossible for the tower to fall in a straight line like a tree might. The expected mode of collapse would be upon itself in a an accordance type fashion with the majority of the debris contained within the tower's anchor radius. The site will contain two towers when the new tower is constructed. It should be noted that if either of the towers collapsed, they would be contained within the provided parcel of land. Since there are many different factors, which will affect the failure of a communication tower, we would like to point out that the mode of tower failure mentioned above is just an estimate. Professional engineers design all towers that are installed by Pinnacle Towers Inc., with experience in the communications industry. We trust that this information confirms to you that towers are designed to survive rather than collapse. Please feel free to contact us if you should have any questions or require further information. PINNACLE TOWERS INC. Senior Engineer 301 North Cattlemen Road Sarasota Florida 34232 888 748 $482 941 364 8886 /'ax 941:164 8761 pinnacletowers, com Broadcast Components Inc. 345S Table Mesa Dr. Unit H!82 Boulder, CO 80305 Voice: 1-800-584-8839 Fax: 1-800-$84-355S Email: bci-towers~attbi.com July 8, 2003 Attn: Ms. Karin Jackson PINNACLE TOWER 301 N Cattlemen Rd. Sarasota, FL 34232 CU-2003-AR-4524 PROJECT #2003060041 DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-4525 Re'- Review of Guy Wire Interference Issues between the Existing and Proposed Tower at Naples, FL (Site No. 0117-004) Dear Ms. Jackson, Further to your request of May 22, 2003, we have completed the review of the proposed location of the 700 ft. Sabre model 4400 SRWD guyed tower including the guy anchor locations and guy elevations at Naples, FL, to determine whether there will be any interference issues with the existing 512 ft. guyed tower. Based on our results as outlined in the attached table labelled, "Minimum Calculated Gaps Between Existing and Proposed Guy Wires" in Appendix A, the only interference issues will be between the guy wires at 232 ft. elevation on the proposed tower and 244 ft. elevation on the existing tower at Location D (see attached CAD profile in Appendix A for details). Here, the guy wirfs have a minimum gap of approximately 0.1 ft. To avoid interference issues, we would recommend moving the proposed guy elevation at 232 ft. up or down 5 ft. in height to allow adequate clearance. Note: by moving this guy elevation up, (1) one proposed guy wire will be located above the existing guy wires at Location D. Please note that by comparing guy elevation gaps with and without sag (change in slope of guy wire due to a combination of self weight, guy wire length and tension), the minimum gaps reported in the attached table will be slightly conservative (within 1 to 2 ft. in elevation) to account for changes in guy tension due to varying wind directions. The existing guy path taken into consideration is oriented 120° clockwise from the proposed. DEC 0 2 2003. Since we did not visit the tower site to complete this review, the new tower was assumed to be located 30 ft. South and 20 ft. West of the existing tower per your e-mail of May 29, 2003; the proposed tower will be installed per Sabre's proposal of June 25, 2003 with the exception of the guy elevation at 232 ft. to be relocated up or down 5 ft. in height; a new middle anchor will be installed at 300 ft. radius from the existing tower supporting existing guy elevations 3 through 6 and the ground level is relatively flat. To illustrate how the (2) towers interact together, a 3 dimensional elevation profile of the towers has been produced using SAP2000, a finite element program, and can also be found in Appendix A. We trust you find this satisfactory. Please do not hesitate to call if you should have any questions or concerns. Best Regards, Broadcast Components Inc. Brad Cook, PE DEC. 0 2 20O3. APPENDIX A DEC 0 2 2003. SAP2000 7/8/03 17:47:30 SAP2000 v8.1.1 - File:existingtl - 3-D View - Kip, in, F Units DEC 0 2 2003. uJ · ~ ....... ~ ....... ~ ~ ~ § "E~E-- E-- E E E ~ E-- · .. . m. m . · 0 uc~ .~ t !003- July 11, 2003 CU-2003-AR-4524 PROJECT #2003060041 DATE: 7/31/03 MIKE BOSI COMPANION ITEM TO VA-2003-AR-4525 Pinnacle Towers, Inc. 301 North Cattleman Road, Suite 300 Sarasota, FL 34232 Attn: Mr. Steve Smith (941) 364-8886 Dear Mr. Smith: Per your recent request, please fred following our revised quotation for a 700' Sabre Model 4400 SRW-D guyed tower. If you have any questions or require further information, please feel free to contact me at (800) 369-6690 extension 219 or the Senior Estimator, Para Washburn, at extension 161. Sincerely, SABRE COMMUNICATIONS Brian D. ~ National Sales Manager Enclosure: Per Above BDN: pw 2101 Murray Sl~eet - P.O. Box658 - SiouxCity, IA 51102-.0658 - 712.258.6690 DEC 0 2 2003 Fax 712.279.0814 bre Prepared for: Pinnacle Towers, Inc. 301 North Cattleman Road, Suite 300 Sarasota, FL 34232 Attn: Mr. Steve Smith PROPOSAL Proposal No.: 04-0278-BDN-R4 Date: 07/11/03 PaRe I of 4 Reference: 700' 4400 SRWI)/Naples, Florida FOB: Destination Payment Terms: Net 30 SABRE MODEL 4400 SR~D GUYED TOWER Quantity of one (1) 700' Sabre Model 4400 SRWD guyed tower. The tower will be triangular in des. ign 3' - 8" on a face and consist of all solid welded 20' sections. Tower will have two (2) anchors in each direction, 120° apart, with a 60% level guy radius. The northeast inner anchor will have a 278' level guy radius. Thc tower will be designed for a basic wind speed of 120 mph (140 mph Florida Building Code - 3 second gust) with 0" radial ice in accordance with ANSFEIAflIA-222-F-1996. The tower will be designed to support the following equipment: ANTENNA MODEL RADOME ELEVATION TX. LINE FREQUENCY AZIMUTH ANTENNA NUMBER C.O.IL SIZE & TO MOUNT PROVIDED {qTY~ YES NO TYPE NORTH YES NO i (! ) ADD090-2 X 700' (2) N/A Unknown Leg Mount X Antenna 2 1/4" 2 (l) SRL 335-2 X 675' (l) N/A Unknown (I) 2' X Dipole Antenna 2 1/4" Standoff 3 (l) SRL 235-2 X 675' (!) N/A Unknown (I) 2' X Dipole Antenna 2 1/4" Standoff 4 (1) SILL 235-2 X 640' (l) N/A Unknown (l) 2' X Dipole Antenna 2 1/4" Standoff 5 (i) 12 Bay Standard FM X 600' (I) N/A Unknown Leg Mount X Antenna 6 (6) 10' X 500' (6) N/A Unknown (3) 3' X Omni Antennas 4" Sidearma 7 (I) 8' H.P. Dish X 350' (l) 6 GHz Unknown (l) 4 ½" O.D. X EW63 Dish Mount 8 (1) 8' H.P. Dish X 340' (1) 6 GHz Unknown (l) 4 'A" O.D. X EW63 Dish Mount 9 (I) 8' H.P. Dish X 310' (i) 6GHz Unknown (l) 4 ½" O.D. X EW63 Dish Mount l0 (i) ~ H.P. Dish ' X 300' (1) 6 OHz Unknown ~' (1) 4 ½" O.D. X £W63 Dish Mount l I (4) PCSI 9HA-03320-0DG X 249' (8) N/A Unknown 10' 1T-Boom X Panel Antennas I 5/8" Sector Mount 12 (4) ASP-2895 X 235' (4) N/A Unknown 10' IT-Boom X Panel Antenna-~ I 5/8" Sector Mount 13 (4) DB950085E-M X 220' (4) N/A Unknown 10' IT-Boom X Panel Antennas I 5/8" Sector Mount 14 (4) ASP-2896 X 200' (4) N/A Unknown 10' 1 T-Boom X Panel Ant~-nna~ I ~/8" Sector Mount 15 (4) PCSA 065-19-0 X 175' (4) N/A Unknown 10' IT-Boom X Panel Antennas I 5/8' ~e~or Mount 16 (I) 3 Bay S~ndard F~ X 141' (1) N/A Unknown Leg Mount X Antenna I 2101 Muway Street . P.O. Bo~ 658 - SkxJxCity. lA 51102-0658 - 712.258.6890 - Fax 712.279.0814 AGENDA ITF-14 ' I DEC 02712003 HF Anlenm ~ ~ T~n',k~ Prepared for: Pinnacle Towers, Inc. 301 North Cattleman Road, Suite 300 Sarasota, ~ 34232 Attn: Mr. Steve Smith PROPOSAL Proposal No.: 04-0278-BDN-R4 Date: 07/11/03 Page 2 of 4 Reference: 700' 4400 SRWD/Naples, Florida FOB: Destination Payment Terms: Net 30 ITEM I TOWER MATERIAL~ ...................................................................................................................... $140,962.00 Materials to be provided include: Complete tower steel and hardware Complete guying system Base material and standard deadrnan anchor arms (see notes) Climbing ladder incorporated into one (1) face Waveguide support ladder incorporated into three (3) faces (to support thirty-six (36) initial lines) Required stabilizers Required be. aeon mounts Required 40' Nuplaglas rods and hardware Tuf4ug safety cable kit without harness EIA standard grounding with one (1) 4' x 5/8" copper-clad steel lightning rod P.E. certified tower profile and foundation drawings Final erection drawings ITEMH LIGHTING SYSTEM ....................................................................................................................... $ 6,080.00 Factory Applied Metalatex Semi-Gloss Paint (see notes) ................................................................ $ 8,400.00 One (1) Honeywell (A2) Red beacon light system with stranded wire and conduit designed in accordance with FAA and FCC specifications. LIGHTING SYSTEM ....................................................................................................................... $ 18,354.00 Factory Applied Metalatex Semi-Gloss Paint (see notes) ................................................................ $ 8,400.00 One (1) Honeywell (A2) LED Red light system (2OB31R00V700-001) with wire and conduit designed in accordance with FAA and FCC ~peeifications. TOWER FREIGHT TO COLLIER COUNTY, FLORIDA ........................................................................................ $ 9,102.00 ANCHOR FREIGHT TO COLLIER COUNTY, FLORIDA ...................................................................................... $ 2,030.00 OPTIONS: 3' Sidearm (each) ................................................................................................................................ $ 239.00 $fiffarm Mounting Assembly (each) ............................................................................................. $ 126.00 4 Va" O.D.'Leg-Type Dish Mount (each) ........................................................................................... $ 150.00 Sfiffarm Mounting Assembly (each) ............................................................................................. $ 92.00 10' 1T-Boom Sector Mount (each) ................................................................................................... AGEh~)A 210t Murray $1reet - P.O. Box 658 - $iouxClty. IA 51102.0658 - 712.258.86g0 . F~x 712.27g.0814 DEC 0 2 2003. Prepared for: Pinnacle Towers, Inc. 301 North Cattleman Road, Suite 300 Snrasota, FL 34232 Attn: Mr. Steve Smith PROPOSAL Proposal No.: 04-0278-BDN-R4 Date: 07/I1/03 PaRe 3 of 4 Reference: 700' 4400 SRV, rI)/Naples, Florida FOB: Destination Payment Terms: Net 30 NOTES: Terms are Net 30 days after invoice. Invoice will be issued once tower fabrication is complete. If a different paint is requested, additional charges may be incurred. The permit package includes a profile drawing of the structure with member sizes; base plate and anchor dctails; dc~Hptive notes; structural calculations; a table of supported ant~.nas, mounts and fccdlines; and a foundation sketch and calculations (if applicable). This quotation is based on ANSVEIA/TIA-222-F and customer provided specifications. Any information not provided by ANSI/EIAJTIA-222-F or the customer has not been considered. Dimensional information is preliminary only; it may change based on Final engineering. All Sabre mounts are designed with mounting pipes the same height as the antennas specified. If different mounting pipe sizes are required at time of order, additional costs may be incurred. ffanchors other than our standard deadman anchor arms are required, additional charges will bc recurred. Freight charges quoted are for provided materials only. Additional freight charges may be incurred with the order of additional items. All antennas, transmission lines, jumpers, ground kits, hangers, and hardware are to be provided and installed by others. All tower materials will be hot dip galvanized as outlined in ASTM A-123. This proposal does not include any sales, use, excise, contractors or any other taxes not specifically detailed in this propoSal. If a customer requests to pick up a tower, a $300.00 per Iruck charge may apply for dunage and loading. Storage charges of $350.00 per month may apply starting 60 days a~er original scheduled ship date. Due to the fluctuation in material prices any structure order placed on hold is subject to a price review at the time of its release from hold status. This may cause an increase in price to occur. Due to freight price fluctuations Sabre reserves the right to review all freight pricing prior to accepting any order. The lighting system quoted assumes that there will be an unobstructed view of the beacons in all directions. It is the buyer's responsfoility to ensure that the lighting kit quoted meets all Federal, for tower height and lighting type. 2101 IdurmySbeet - P.O. Box058 I 0 c.0 003. I - SiouxCRy. IA $1102-0658 - 712.258.6690 - Fax ?12.279.0514 ~ abre PROPOSAL Proposal No.: 04-0278-BDN-R4 Date: 07/11/03 PaRe 4 of 4 Reference: 700' 4400 SRWD/Naples, Florida FOB: Destination Payment Terms: Prepared for: PinnacLe Towers, Inc. 301 North Cattleman Road, Suite 300 Sarasota, FL 34:232 Net 30 Attn: Mr, Steve Smith Duc to material price fluctuations, Sabre re~rve~ the right to review all material pricing lxior to accx:pting any order. Delivery will be approximately 8 to IO weeks after receipt of required information and contingent upon backlog at the time of order. An additional 2 weeks for factory-applied paint will be required. Tiffs proposal is ba~ed on the terms and conditions proposed above including the attached standard tcnm and conditions and i~ subject to our review and final acceptance of your order. No other tenm are valid unless signed by an authorized officer of Sabre Communications. Submitted By: Sabre Communications Corporation Acceptance of Buyer: '~~__ Please enter our order for the above items -Brian D. Ncwberg in accordance with this proposal. National Sales Manager Signature Name (prin0 Title Date Purcl~sc Order No. 2101 Murray Street - P.O. Box 658 - Sioux City. tA 511024)658 - 712.258.6680 - Fmc 712.27g.081, DEC 0 2 2003. Prepared For: Pinnacle Towers, Inc. 301 North Cattleman Road, Suite 300 Sarasota, FL 34232 TOWER PROFILE Propceal No.: 04.0275-BDN-R4 Date: 7110/2003 Reference: 700' 4400SRW I Naples, Florida Page t 677' 537' 467' 397' 322' ' TORQUE ARM ARM !UE ARM E ARM ImSizes are preliminary and ay change upon final designI ..___ANCHOR _TOWER GUYS TABILiZER GUYS GUYS 237' 157' 77' 11.91 ?06.02 167.48 177.97 2..0 ,SA 2101 Murray Street - P.O. Box 658 - Sioux City, IA 51102-0658 - Phone 712.258.6690 - Fax 712.2! AGENOA ITE~ · ,=,,~EC 0 2 ~003 [ ,.,% ! Prepared For:. Pinnacle Towers, Inc. North Cattleman Road, Suite Sara~ota, FL 34232 WAVEGUIDE LINE ARRANGEMENT Proposal Number. 04-0276-BON-R4 D~t®: 7/10Y2003 Reference: 700' 4400SRW ! Naples, FIo Climbing Rungs I'mnsmission Lines DEC 0 2 ,,. 7~, Grade No.: 04-0278-BDN-R4 Page: Date: 7/11/03 By: JDI Customer: Pinnacle Towers, Inc. 700 ft. Model 4400 SRW Guyed Tower (44 in. face) At 120 mph Wind + 0 in. Ice per ANSI/TIA/EIA-222-F-1996. Antenna Loading per Page 1 PRELIMINARY- NOT FOR CONSTRUCTION 10'-0" Dia. .Notes: 1). Concrete shall have a minimum 28-day compressive strength of 3000 PSI, in accordance with ACl 318-02. 2). Rebar to conform to ASTM specification A615 Grade 60. 3). All rebar to have a minimum of 3" concrete cover. 4). All exposed concrete corners to be chamfered 3/4". 5). The foundation design is based on the geotechnical report by PSI, Project No. 387- 85071, dated April 10, 1998. 6). See the geotechnical report for drilled pier installation requirements, if specified. TOWER BASE (132.35 Cu. Yds. each) (1 REQUIRED) Rebar Schedule per Pier i(48) #10 vertical rebar w/#.4 ties Pier ~@ 12" spacing DEC 0 2 2003 shall not be reproduced, copied or used in whole or part for any purpose whatsoever without the prior written consent of Sabre Communications Corporation. 2101 Murray St - P.O. Box 658 - Sioux City, IA 51102-0658 - Phone 712.258.6690 - Fax 712.258.8250 / _abre Customer: Pinnacle Towers~ Inc. Site: Naples, FL 700 ft. Model 4400 SRW Guyed Tower (44 in. face) At 120 mph Wind + 0 in. Ice per ANSI/'rlA/EIA-222-F-1996. Antenna Loading per Page 1 PRELIMINARY- NOT FOR CONSTRUCTION No.: 04-0278-BDN~R4 Page: Date: 7/11/2003 By: JDI < 8'-0" Dia. r' i i INNER ANCHOR ELEVATION VIEW (86.57 Cu; Yds, each) (3 REQUIRED) Pier Notes: 1). Concrete shall have a minimum 28-day compressive strength of 3000 PSI, in accordance with ACI 318-02. 2). Rebars to conform to ASTM specification A615 Grade 60. 3). All rebar to have a minimum of 3" concrete cover. 4). All exposed concrete corners to be chamfered 3/4". 5). The foundation design is based on the geotechnical report by PSI, Project No. 387- 85071, dated April 10, 1998. 6). See the geotechnical report for drilied pier installation requirements, if specified. Rebar Schedule per Pier 1(46) #10 vertical rebar w/~4 ties @. 112" spacin~l Information contained herein is the sole property of Sabre Communications Corporation, constitutes a trade secret as defined by Iowa Code Ch. 550 and shall not be reproduced, copied or used in whole or part for any purpose whatsoever without the prior written consent of Sabre Communications Corporation. 2101 Murray St - P.O. Box 658 - Sioux City, IA 51102-0658 - Phone 712.258.6690 - Fax 712.258.8250 abre Customer: Pinnacle Tower~, Inc. Site: Naoles, FL 700 ft. Model 4400 SRW Guyed Tower (44 in, face) At 120 mph Wind + 0 in. Ice per ANSI/TIA/EIA-222-F-1996. Antenna Loading per Page 1 PRELIMINARY- NOT FOR CONSTRUCTION No.: 04-0278-BDN-R4 Page: Date: 711112003 By: JDI Grade --~ ~: Dia. I t- I I I I I I I Notes: 1). Concrete shall have a minimum 28-day compressive strength of 3000 PSI, in accordance with ACl 318-02. 2). Rebars to conform to ASTM specification A615 Grade 60. 3). All rebar to have a minimum of 3" concrete cover. 4). All exposed concrete corners to be chamfered 3/4". 5). The foundation design is based on the geotechnical report by PSI, Project No. 387- 85071, dated April 10, 1998. 6). See the geotechnical report for drilled pier installation requirements, if specified. OUTER ANCHOR ELEVATION VIEW (60.5 Cu. Yds. eaci'D (3 REQUIRED) Rebar Schedule per Pier 1(46) #8 vertical rebar w/#4 ties Pier J 12" spacing DEC 0 2 2003 Information contained herein is the sole property of Sabre Communications Corporation, constitutes a trade secret as defined b Iowa Code Ch. 550 and shall not be reproduced, copied or used in whole or part for any purpose whatsoever without the prior written consent of Sabre Communications Corporalion. 2101 Murray SI - P.O. Box 658 - Sioux Cily, IA 51102-0658 - Phone 712.258.6690 - Fax 712.258.8250 Federal Aviation Administration Southern Regional office 1701 Columbia Avenue-ASO-520 College Park, GA 30337 Aeronautical Study No. 2003-ASO-2902-OE Issued Date: 6/4/2003 JANIS E. MERRITTS, FAA/FL' COMr~I~' ~E PINNACLE TOWERS INC. 301 N. CATTLEMEN RD., SUITE 3P SARASOTA, FL 34232-6427 ** THIS IS NOT . DETF '~INATION ** The Federal Aviation Administration has r,~e. ved x,our notice concerning: Structure Type: Antenna Tower Location: NAPLES, FL Latitude: 26-3-11.32 NAD 83 Longitude: 81-42-10.4 Heights: 720 feet above ground level (AGL) 724 feet above mean sea level (AMSL) NOTE: If the coordinates of your notice were submitted in NAD 27 datum, they have been converted to NAD 83 datum as shown above. NAD 83 datum will be referenced on all future correspondence and will be used for the purpose of this study. Your notice has been assigned Aeronautical Study Number 2003-ASO-2902-OE and we are in the process of conducting an aeronautical study to determine the affect on air navigation. A determination or response will be forthcoming. Please inform involved consultants of this correspondence. If you have any questions, please contact Michael Blaich at (404)305-5580. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2003-ASO-2902-OE. (REC) 182335 Attachment(s) Frequency Data Page 1 CU-2003-AR.4524 PROJECT #200306004! DATE: 7/31/03 MIllE BOSI COMPANION ITEl ~ TO dl~i~OA ITEM DEC 0 2 2003 ~equency Da~a fo~ ~SH 2003-ASO-2902-O~ LOW HIGH FI~EQUENCY FREQUENCY FREQUENCY UNIT ERP ERP UNIT 406 420 MHz .2 KW 156 173 MHz .2 KW Page 2 DEC 0 2 2003. P I N N A C L E Date: To: Fax #: From: Re: Attached: 06105103 Mike Blaich FAA Southern Region 404-305-5099 Janis E. Merritts Pinnacle # 117-004 Naples, FL 3 pages of.frequency data Mike, Thank you for your phone call this morning regarding the frequencies planned for the Naples tower. I checked with Gary Branch, one of our RF Engineers, and he supplied the attached data. He can be reached at 888-748-3482, Ext. 1164 or Gbranch~,pintowers.com if there are questions. Janis Jmerritts@pintowers.com 888-748-3482 X 1502 fax: 941-364-8761 Total Number of Pages, Including Cover: 4 If you do not receive all pages, please contact me at (888) 748-3482, Ext. 1502. 301 North Cattlemen Road Sarasota, Florida 34232 888.748.3482 P41.364.8886 fax P41.364.8761 plnnacletomers.com AC, ENDA IT~J~ DEC 0.2 2003. Tx Circuit # Preset # 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 Code J Frequency Code J Frequency Code J Frequency CG Ch 455 411.7875 Ch06 .. 156.3000 Ch06 156.3000 CG Ch 550 412.9750 Ch 12 156.6000 Ch 12 156.6000 CG Ch 554 413.0250 Ch 16 156.8000 Ch 16 156.8000 UHF LE Calling 414.0375 Ch 21A 157.0500 Ch 21A 157.0500 UHF IR Calling 410.2375 Ch 81A 157.0750 Ch 81A 157.0750.. UHF Data Tx Data Chad Ch 22A 157.1000 Ch 22A 157.1000 Ch 23A 157.1500 Ch 23A 157.1500 Ch 83A 157.1750 Ch 83A 157.1750 VHF LE LANT01 155.4750 Calling 167.0875 VHF IR LANT03 162.3250 Calling Tx 169.5375 LANT04 163.0500 LANTAREA Common 164.5500 VHF Data Tx (Backup~ 172.3125 DEC 0 · Rx Circuit # Preset # 1 2 3 oK ,3 I 2 3 Code I Frequency Code I Frequency Code I Frequency CG Ch 455 411.7875 Ch06 156.3000 Ch06 156.3000 CG Ch 550 412.9750 Ch" 12 156,6000 Ch 12 156.6000 Ch 16 Ch 16 CG Ch 554 413.0250 (Backup) 156.8000 (Backup) 156.8000 UHF LE '- 4 Calling 414.0375 Ch 21A ' 157.0500 Ch 21A 157.0500 5 UHF IR Calling 419.2375 Ch 81A 157.0750 I Ch 81A 157.0750 6 UHF Data Pof Data Chad Ch 22A 157.1000 I Ch 22A 157.1000 7 ~ Ch 23A 157.1500 ~ Ch 23A 157.1500 8 Ch 83A 157.1750 ~~~ 157.1750 9 LANT01 155.4750 15 16 DEC 0 2 2003 VHF Data Tx Data Chart Ch 70 156.5250 Ch 16 '~56.8000 VHF LE Calling , (Backup) 167.0875 VHF IR Calling Tx (Backup) 169.5375 VHF Data Tx (Backup) 172.3125 4 5 6 Code Frequency Code I Frequency Code I Frequency ;:;:-~~:-~ ~'::~ Ch 70 156.5250 Ch 16 156.8000 .~'~ DEC 0 2 2003 Please Type or Pdnt on This Form - A Failure To Provide All Requested Information May Delay Processing of Your Notice Notice of Proposed Construction or Alteration .;ons°r (person, company, etc. proposing this action): Attn.of:_Janis E. Menitts 0117-004 Name:~Pinnacle Towers Inc. ~ddress: .301 N. Cattlemen Rd.. Suite 300. City:. Sarasota Telephone: ~(888)_748-348~ ... State:_FL~zlp:m34232'6427- · Fax:_(941)_364-8761 . 2. Sponsor's Representative (1! other than #f): ~ttn.of: Name: Address: City: State? Zip: Telephone: - Fax:, 3. Notice of: 4. Duration: ~ Permanent 6. Work Schedule: Beginning End 6. Type: ~1 Antenna Tower [] Crane [] [] Landfill [] Water Tank r"] Other 7. Marking/PainUng and/or Ughting Preferred: ~] Red Lights and Paint [] Dual - Red and Medium Intensity White ! ~ White - Medium Intensity [] Dual - Red and High Intens'~y White .j White- High Intensity [] Other 8. FCC Antenna Structure Registration Number (If applicable): ~ New Construction [] Alteration [] Existing r"l Temporary ( months, days) Building [] Power Line Form Approved OMB No. 2120-0001 FOR FAA USA ONLY $. Latitude: 26 , o 03__' 10. Longitude: ~081 o 42~' 11. Datum: [~ NAD 83 [] NAD 27 [] Other 12. Nearest: City:. ~Naples State: 13. Nearest Pubflc.use (notprfvate.use) or Militar7 Airport or Heliport: MKY: MARCO ISLAND 14. Distance from #13. to Structure: ~3.4438 nm 15. Direction from #13. to Structure: _335 degrees 16. Site Elevation (AMSL): * 17. Total Structure Height (A GL): 18. Overall Height (//16. + #17.) (AMSL): .724 19. Previous FAA Aeronautical Study Number (3fappllcable): 11.32~" 10.40 " _4 ft. 720 n. FL__ 20. Description of Location: (Attach a USGS 7.5 minute Quadrangle Map with the precise site marked and any certified survey.) Please see affached pages. - DE 21. Complete Description of Proposal:, Pinnacle Towers Inc. requests approval to build a new tower adjacent to our tower having Study No. 99-ASO-5531-OE. A 7460-1 package is simultaneously being submitted to correct the site elevation a~d heights of the existing tower. Radio Frequency Data reflects tenants planned to install on the new tower. Frequencies are in MHz, E. RP in Kw. Frequency/Power (KW) 156-173 0.200 406-420 0.200 DEC 0 2 2003. Notice Is required by 14 Code of Federal Regulations, Part 77 pursuant to 49 U.S.C. Section 44718. Persons who knowingly and willingly violate the notice ~ulrements or pelt 77 are subject to a civil penalty of $1,000 per day until the notice Is received, pursuant to 4~ U.S.C., Section 4~01 (a). .'reby certify that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addition, I agree to mark and/or light the structure in accordance with established marldng & lighting standards as necessary. Date l l~yped or Printed Name and TItle, °f Per$°n FIling N°Uca 06-02-2003 Janis E. Merritts, FAA/FCC Compliance Analyst 1502 FAA Form 7460-1 {02..99) Supersedes Previous Edition (~ ' NSN: 0052-00-012-O0~ Cop/right (C) 1997, Maptech, Inc. GE LINE SURVEYING, INC. FAA TOWER CERTIFICATION Re: Mai'eh 12, 2003 Naples Site, PTI Site No. 0117-004 PROPOSRD TOWRR Collier County, Florida I hereby certify that the following Latitude and Longitude values for the center of the above- referenced proposed tower are accurate to within +/- 15 feet horizontally; and that the following proposed tower site elevation is accurate to within +/- 3 feet vertically. NAD 83 ~a~tude: 26" 03' 11.32" N. Longitude: $1° 42' 10.40" W. Latitude: Longitude: NAD 27 26° 03' 09.98" lq. 81° 42' 11.09" W. Ground Elevation at Base of Proposed Tower: 3.7 Feet BIAVD8$ 5.0 Feet NGVD29 GeoLine Surveyins, Inc. E- David G. Short, p.S.M. Florida Professional Surveyor and Mapper Certificate of Registration No. 5022 DEC 0 2 2003 ._ P.O. Box 12653 · Gainesvill¢, Florida 32604 * Tel: 352.371.3080 · Fax: 352-336-0541 · w~v.geolineinc.com Message Page I of 2 BosiMichael From: Sent: To: Subject: Follow Up Flag: Due By: Flag Status: murray_s Wednesday, November 05, 2003 10:07 AM SchmittJoseph BosiMichael FW: 800 Foot Tower Follow up Monday, November 03, 2003 9:00 AM Flagged ..... Original Message ..... From: Will Kriz [mailto:wckriz@comcast.net] Sent: Monday, October 20, 2003 6:07 PM To: Donna Fiala Cc: Keith Tompkins Subject: 800 Foot Tower Dear Ms. Fiala, I am sending this message because of my objection to the location of a proposed 800' tall tower on Tower Road, immediately west of SR 951 and south of the Eagle Creek community. I realize that any project associated with "Homeland Security" is hard to argue with. And, for that reason, I do not want to risk standing in front of the Board of County Commissioners and possibly be criticized and therefore embarrassed. I am not against the tower, just it's location. I request that you ask the U.S. Coast Guard (or the contractor building the tower) to find another place that is less congested with residents. Another site that is more isolated and poses less impact on the many residents who live in adjacent Holiday Manor, Manatee Road, Eagle Creek, and who will live at Lands End would be much better. 800' of blinking red lights, in addition to the two current towers of blinking red lights, will negatively impact the numerous neighbors. We are aware of other more isolated tower locations in the area. Additionally, I cannot speak for the Marco Airport, but, helicopters and airplanes about to land or take off should be quite concerned about the 800' height. As you recall, several years ago a plane landing at the airport hit an existing tower guy wire, crashed, and two people died. Parts of the airplane landed on the Eagle Creek golf course, very close to homes. At 800' the proposed tower is even taller than the one the airplane crashed into. And incidently, that tower has since been lowered as we understand at the request of the Federal Aviation Administration. So, all things considered, i.e., safety, blinking lights, affect on the residents and inappropriate citing of the tower lead me to think that it should be placed el.. ,uwh~l~OA rrl~ I would like the Commission to suggest to the builder to come back to therr with a~other location for consideration. DEC 0 2 2003- 11/14/2003 Message Page 2 of 2 Please accept my many thanks for this and the good job you are doing overall. Sincerely, Carolyn Kriz 732-1982 11/14/2003 DEC 0 2 2003. JEB BUSH GOVERNOR F/or/da Department of Transportation Aviation O~ice 605 Suw~nnee $lree~, MS-46 l~llohossee, R. 32399-0450 September 25, 2003 ,IOSl~ ABREU SECRETARY Mr. Cesar I. Perez FAA - Southern Regional OffiCe 1701 Columbia Avenue - ASO-520 College Park, GA 30337 Re: Aeronautical Study #2003-ASO-2902-OE Proposed Antenna Tower 724 feet above mean sea level (AMSL) Dear Mr. Perez: The State of Florida, Department of Transportation objects to the proposed tower as described in FAA Aeronautical Study #2003-ASO-2902-OE. The 724-foot above mean sea level (AMSL) antenna tower lies within a VFR route between Naples Municipal Airport (APF) and Marco Island Airport (MKY) that supports a high degree of VFR air traffic. Pursuant to FAA Order 7400.2E Change 2, 'A structure would have a adverse effect upon VFR navigation if its height is greater than 500 feet above the surface at its site, and within 2 statute miles of any regularly used VFR route.' The proposed antenna tower coordinates will place the tower within one (1) mile of the above-mentioned VFR route. Both Naples Municipal Airport (APF) and Marco Island Airport (MKY) support a significant number of flight operationr In fact, APF is one of the busiest airports in southwestern Flodda, with a total of 138,185 annual operations for 200; This includes over 92,000 itinerant operations and over 30,000 local operations. MKY, a general/corporate aviation airport, had a total of 14,580 annual operations in 2002. This includes over i0,000 itinerant operations and over 4,000 local operations. Due to Florida's weather pattern, most of the flights conducted on this VFR route are dudng VFR conditions and perhaps marginal VFR conditions. Geography also plays a significant role, considering the entire area is surrounded by the Everglades to the east and the Gulf of Mexico to the west. This VFR route continues on to Everglades Airport (X01), the most southwestern airport on the mainland of Flodda, where a significant amount of sport fishing and Everglade's tourism is conducted. Since MKY and X01 are the two most southwestern airports on mainland Florida, a majority of VFR flights are ~nducted on the above-mentioned VFR route. Though, a 707-foot AMSL antenna tower exists in close proximity to this proposal, the cumulative impact resulting from the proposed structure when combined with the impact of the existing structure would not be acceptable to the Department. If you have any questions, please feel fee to contact Aaron Smith or myself at 850-414-4500. Z.~~ aler, PE CC' Mr. Wayne Chewing, Aviation, FDOT District I Office Mr. Theodore Soliday, Naples Municipal Airport Mr. Robert Tweedie, Marco Island Airport Mr. Ray Bellows, Chief Planner, Collier County Ms. Janis E. Merdtts, Pinnacle Towers Inc. www.dot.state.fl.us DEC 0 2 2003. (~RECYCLED PAPER RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "13" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT FOR A COMMUNICATIONS TOWER PURSUANT TO SECTION 2.2.2.3.13 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WI-IEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a 700 foot guyed telecommunications tower pursuant to of Section 2.2.2.3.13 of the Collier County Land Development Code in an "A" Rural Agricultural District on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition flied by James B. Malless, AICP of Wireless Planning Services, LLC, representing Pinnacle Towers Inc. with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a conditional use for a 700 foot guyed telecommunications tower pursuant to Section 2.2.2.3.13 of the Collier County:Land Development Code in an "A" Rural Agricultural District in accordance with the Concept~al Master Plan (Exhibit "C") and subject to the following conditions: ' hO,~l~OA IIF, I~ " -1- DEC 0 2 1. The Current Planning Manager may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the 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, and shall comply with all applicable County ordinances in effect at the time of the submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an h/storic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pinnacle Tower Inc. or the current tower owner, shall submit a monitoring report to the planning services department director, every three years fi.om the date of Board of Zoning Appeals approval, inventorying the businesses utilizing antennas located on the tower. 4. If the tower is no longer used by a governmental agency, above the height of 250 feet, then this conditional use shall expire and the tower shall be reduced to conform to the permitted height designated within the Rural Agricultural Zoning District. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Assistant County Attorney CU-2003-AR4524/MB/sp -2- AGENDA IT~ DEC 0 2 200:t FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4524 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in caSe of fire or cataStrophe: Adequate ingress & egress Yes ~' No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~' No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes fi" No~ BaSed on the above findings, this conditional use should, with stipulations, (copy attached) ( or app~_~~[~ DATE: DEC 0 2 2003 ,.. qq EXHIBIT A OR: 2324 PG: 3249 A tract 'of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest corner of said Section 3; thence along the West line of said Section 3 North 00°00'15" West, 920.69 feet to a concrete monument found at the Northwest corner of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30'' East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00'15" East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast corner of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75026'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59020'09", radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45°44'36'' West, 103.94 feet to an iron pin set; (3) South 16°04'49" West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31'', radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53° 10'20" West, 54.21 feet to an iron pin set; (5) North 89°48'15" West, 341.90 feet to a concrete monument found at the Southwest corner of a certain Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00003'32" West, 178.61 feet to an iron pin set at the Northwest corner of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21'' West 268.79 feet to a concrete monument found at the Southwest corner of said "General TV Tract", also being in the West line of said Section 3, being also the Southwest corner of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15'' West, 712.23 feet to a concrete monument found at the Northwest corner of said "General TV Tract", being also the Northwest corner of the tract herein described; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30'' East, 799.84 feet to the POINT OF BEGINNING. DEC 0 2 2003 ~/? (12:60prn).~m~e of Cmpfi '/~i ~_:, .... " ......... ~-- - ~9 X S ') -~ w ~ " ~ ~Y~X-' T --'~ ~ ..... /----~ ,-/ · ' '~ ' / A~ '. -' ' ~-.~ . ~ .. ~ ~ ~-- ~ ,.' ....... ~ ; , -~ ............... ..... DEC 0 2 2003 EXECUTIVE SUMMARY VA-2003-AR-4525 FOR: A VARIANCE OF 690 FEET FROM THE MINIMUM SEPARATION REQUIREMENT FROM RESIDENTIAL ZONING OF 1,750 FEET TO 1,060 FEET; A VARIANCE OF 450 FEET FROM THE REQUIRED MAXIMUM HEIGHT LIMITATION OF 250 FEET TO 700 FEET FOR TOWERS IN AN AGRICULTURAL ZONING DISTRICT; AND A VARIANCE OF 6 FEET FROM THE REQUIRED 30-FOOT SIDE YARD SETBACK TO 24 FEET FOR A SINGLE GUY ANCHOR POINT IN AN AGRICULTURAL ZONING DISTRICT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced Variance petition and render a decision as the Board of Zoning Appeals regarding the petition pursuant to LDC Section 2.7.5.12. CONSIDERATIONS: James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting a variance to reduce the required tower-to-residential separation dictated by Section 2.6.35.6.2. from a distance of 1,750-feet to 1060-feet. A variance is also requested from Section 2.2.2.4.3: to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. A third variance is requested for the tower to exceed the 250-foot tower height limitation by 450 feet to allow a communications tower at 700 feet in height, as established in the Agricultural zoning district within Section 2.6.35.6.2.3. The petitioner seeks to construct a 700-foot telecommunications tower on 14.55+ acres of land which already supports a 524-foot tower. This petition is a companion item to CU-2003-AR-4524. The tower is being constructed for the United States Coast Guard, a division of the Homeland Defense Department, to bolster the Rescue 21 advanced search and rescue communications system and the Homeland Defense program. This system is the main component of the boater rescue system and the Homeland Defense system. These systems, which focus on the coastal waters, dictate an antenna location within the coastal region. Throughout the Collier coastal area, there are no locations that currently exist which could house the equipment at the height required. Additional information concerning the Coast Guard's Rescue 21 communication system is included within the package attached to this executive summary. The location of the requested tower is centered within the existing coverage gap of the Rescue 21 system, as indicated by the attached application. To satisfy the existing coverage gap, the tower is VA-2003-AR-4525 executive summary Page 1 of 4 DEC 0 2 2003- needed at the proposed location. If a tower is not located within the center of the coverage gap, then a tower would be needed to the north of the center and the south of the center to provide the same coverage. The requested height and the needed variances will eliminate the need for 2 other new 700-foot towers that would be required to serve this area. The subject parcel is currently developed with a 524-foot telecommunications tower. This tower was originally constructed at 700-feet and was reduced to its present height in June, 2000 to structurally accommodate a number of telecommunication providers. The presence of the existing tower on the 14.55 acre property establishes a visual intrusion to the view plane of the area. The addition of a second tower, while adding to the existing visual intrusion, will not create a greater impact to the area than would be experienced if the proposed tower had been the first tower to be developed in the general area. The subject property is surrounded by natural vegetation that will minimize the impact of the side yard reduction. Also, the property line where the side yard reduction is sought borders a golf course tract within the Eagle Creek PUD. The existing 524-foot guyed wired tower will minimize the visual impact of the proposed tower. At the time this executive summary was generated, staff had received one letter of objection to the proposed tower. At the required Neighborhood Information Meeting, a representative of the Eagle Creek Home Owners Association indicated that the Association had no objection to the tower and there were no speakers in opposition at the Collier County Planning Commission held October 16, 2003. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan, there fore there is no Growth Management Impact Associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. 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. Page 2 of 4 VA-2003-AR-4525 executive summary DEC 0 2 2003 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. STAFF RECOMMENDATION: A number of factors were utilized by staff in reaching our recommendation. The residential properties within the Eagle Creek PUD were developed with the presence of an existing tower and within the limit of the separation requirement. The proposed tower would be utilized by the United States Coast Guard to further the health, safety and welfare of Collier County. The presence of natural buffers surrounding the exterior of the subject site provides a natural screening of the base of the use from the surrounding properties. In addition, the golf course tract within Eagle Creek, which abuts the subject property to the west and north, provides further protection as a buffer between the base of the tower and guyed anchor points. Finally, the need for the proposed tower is motivated by the Coast Guard's Rescue 21 system. The subject site provides the greatest opportunity to locate their system with the least amount of disruption to the surrounding area due to the presence of the existing 524-foot tower. Staff feels that the functionality of health, safety and welfare provided from the proposed tower, coupled with the limited public opposition and the existing 524-foot tower on the subject parcel justifies the granting of the three variances identified within this petition. Staff recommends approval of Petition YA-2003-AR-4525 to the Board of Zoning Appeals, subject to the following conditions: 1. These variances are for the variances shown in Exhibit "A" only. Any other variance shall require a separate variance petition. 2. In case of the destruction of the tower, for any reason, the tower may be replaced with the dimensional variances expressed within the petition, contingent that the conditions of petition CU-2003-AR-4524 are still being satisfied. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the October 16, 2003, CCPC meeting. The Commission motioned to forward petition CU-2003oAR-4525 with a recommendation of APPROVAL subject to staff's conditions, the motion passed UNANIMOUSLY by a vote of eight to zero. VA-2003-AR-4525 executive summary Page 3 of 4 DEC 0 2 2, 23 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: LAND DEVELOPMENT REVIEW DATE /SUSAN MURRA~IRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: K. S(~fl TOR ~OMMUNITY DEVELOPMENT & ENVIRONMENTAL ~//SERVICES DIVISION gATE~ VA-2003-AR-4525 executive summary Page 4 of 4 DEC 0 2 2003 ..4 · AGENDA ITEM 8-C MEMORANDUM TO: FROM: DATE: COLLIER COUNTY PLANNING COMMISSION CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION September 18, 2003 SUBJECT: Petition VA-2003-AR-4525 - Companion to CU-2003-AR-4524 PROPERTY OWNER/AGENT: OWNER: Pinnacle Towers Inc. 301 North Cattleman Road Sarasota, FL 34232 AGENT: James B. Malless, AICP Firm Wireless Planning Services, LLC 845 Mississippi Avenue Lakeland, FL 33801 REQUESTED ACTION: James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting a variance to reduce the required tower to residential separation dictated by Section 2.6.35.6.2. from a distance of 1,750-feet to 1060~feet. A variance is also requested from Section 2.2.2.4.3. to reduce the side yard setback for the northwest guy anchor from 30-feet to 24-feet. A third variance is requested for the tower to exceed the 250-foot tower height limitation by 450-feet to allow a communications tower at 700-feet in height, as established in the Agricultural zoning district within Section 2.6.35.6.2.3. GEOGRAPHIC LOCATION: The subject property is located at 305 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55_+ acres. CCPC Date: October 16, 2003 Petition VA-2003-AR-4525 Page I of 9 LOCATION MAP SITE MAP PETITION #V - 2003- AR- 4525 PURPOSEfDESCRIPTION OF REQUEST: The petitioner seeks to construct a 700-foot telecommunications tower on 14.55+ acres of land which already supports a 524-foot tower. This petition is a companion item to CU-2003-AR-452.4. The tower is being constructed for the United States Coast Guard, a division of the Homeland Defense Department, to bolster the Rescue 21 advanced search and rescue communications system and the Homeland Defense program. This system is the main component of the boater rescue system and the Homeland Defense system. These systems, which focus on the coastal waters, dictate an antenna location within the coastal region. Throughout the Collier coastal area, there are no locations that currently exist which could house the equipment at the height required. Additional information concerning the Coast Guard's Rescue 21 communication system is included within the package attached to this staff report. The applicant is requesting a variance to reduce the required tower to residential separation distance from 1,750-feet to 1060-feet. This is a reduction of 690-feet. A residential district within the Eagle Creek PUD is approximately 1060-feet from the base of the proposed tower. Section 2.6.35.6.2. requires that a tower over 75-feet tall be separated from a residential zoning district boundary or PUD zoning of 6 residential units or less boundary by a distance equal to 2.5 times the tower height. The 700-foot tower would need to be 1,750-feet from the nearest~ district and the proposed tower is only 1060-feet from the nearest residential z c~ingl~~.~J~ variance is also requested from Section 2.6.35.6.2 for the tower to exceed tlle 250-foot tower / DEC 0 2 2333 Petition YA-2003-AR4525 CCPC Date: October 16, 2003 Page 2 of 9 height limitation established in the Rural Agricultural zoning district. The variance is requested to provide enough height that the US Coast Guard antennas will reach the area that they need to reach to provide the required service. 2.6.35.6.2. Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use subject to other applicable provisions of this section, including separate requirements and shared use provisions. Towers that exceed those specified maximum heights require a variance in accordance with section 2.7.5. 1. All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any tower up to 75 feet in height is a permitted use provided the base of such tower is separated a minimum distance of 75 feet from the nearest boundary with any parcel of land zoned RSF- 1 through RSF- 6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six residential dwelling units or less. Any tower that exceeds 75 feet in height up to a height of 185 feet is a lawful use nnlv if oermitted or otherwise provided in the respective zoning district and the base of such tower is sep~ated ~ITEM nearest boundary of any parcel of land zoned RSFol through RSF-6, RMF-6, E, RMF-~2, I:~r- 16, RT, VR, MH, TTRVC, or PUD zoning of six residential dwelling units or less, by a minimum dis~nce in"'feet ~7 ~ determined by multiplying the height of the tower (in feet) by a factor of 2.5. (The minitum[~1~a~t~r~.~-~ I I' distance is 2 1/2 times the height of the tower.) Towers which do not meet the separation requirement may apply for a variance in accordance with section 2. 7.5. 2. Agricultural zoning districts within the rural designated area: Towers not exceeding 250 feet. A variance is also requested to reduce the side yard setback for the northwest guy anchor from 30- feet to 24-feet. This is a 6-foot reduction for the location of a guyed anchor point. The measurement is from the point where the anchor enters the earth. Section 2.6.35.6.16 requires that guyed anchors of towers over 75-feet meet the setback standards of the zoning district. The zoning district of this parcel is Rural Agricultural, and the side setback standard is 30-feet. The LDC requires that towers be able to withstand certain wind velocities based on the height of the tower. The design of the tower requires that the guy anchors be placed a specific distance from the tower in order to meet the County's engineering standards. The proposed tower must be placed in a certain spot so that it will not interfere with the existing tower on the site. These 2 issues drove the location of the guyed anchor and the need for the variance The LDC addresses minimum yard requirements within the Rural Agricultural zoning district as follows: Section 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. 2. Side yard. 30 feet. 3. Rear yard. 50 feet. Section 2.6.35.6.16. For all ground-mounted guyed towers in excess of 75feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines. Section 2.6.35.6.16., as noted, requires that the guyed anchors meet the minimum 30-foot setback from the side yard of the parent parcel. The site plan submitted with the application indicates that one of the guyed anchor points sits 24-feet from the western property line. A variance of six feet from the required 30-foot side yard requirement is needed for the telecommunications facility. The location of the requested tower is centered within the existing coverage gap of the Rescue 21 system, as indicated by the attached application. To satisfy the existing coverage gap, the tower is needed at the proposed location. If a tower is not located within the center of the coverage gap, then a tower would be needed to the north of the center and the south of the center to provide the same coverage. The requested height and the needed variances will eliminate the need for 2 other new 700-foot towers that would be required to serve this area. SURROUNDING LAND USE AND ZONING: SUBJECT: SURROUNDING: Petition VA-2003-AR-4525 Existing 524-foot tower, zoned A North: Golf Course and Residential Structures, zoned PUD-Eagle Creek East: Cox Cable Complex, zoned A South: Undeveloped tract, zoned A West: Golf Course, zoned PUD-Eagle Creek CCPC Date: October 16, 2003 Page 4 of 9 DEC 0 2 2003 ZONE AE (EL 7) GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits communication facilities. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Current Planning staff as part of their review of the petition in its totality. Based upon the above analysis, staff concludes that the proposed land use for this subject site can be deemed consistent with the Future Land Use Element. The other applicable element of the GMP for which a consistency review was made is the Transportation Element. Ingress and egress to the site will be provided through Tower Road with access to the site via a gravel and broken pavement drive that is 12 feet wide. The number of vehicle trips generated by the use will be limited to monthly maintenance inspections. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). CCPC Date: October 16, 2003 Page 5 of 9 Petition VA-2003-AR-4525 DEC 0 2 2003 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, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 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 building involved? Yes. The subject parcel is currently developed with a 524-foot telecommunications tower. This tower was originally constructed at 700-feet and was reduced to its present height in June, 2000 to structurally accommodate a number of telecommunication providers. The presence of the existing tower on the 14.55 acre property establishes a visual intrusion to the view plane of the area. The addition of a second tower, while adding to the existing visual intrusion, will not create a greater impact to the area than would be experienced if the proposed tower had been the first tower to be developed in the general area. The LDC requires that towers be able to withstand certain wind velocities based on the height of the tower. The design of the tower requires that the guyed anchors be placed at specific distances from the tower to meet the county's engineering standards and the proposed tower must be placed in a certain spot to not interfere with the original tower. These two circumstances dictated the location of the guyed anchor and the need for the 6- foot side yard reduction. bo Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The residential units within the Eagle Creek PUD were developed subsequent to the development of the existing tower. With the construction of these units, the original tower was rendered non-conforming due to the separation requirements contained within Section 2.6.35. The location of residential development has created a situation~--'n~l~'~;;i~i proposed tower requires a variance from the separation requirements. Petition VA-2003-AR-4525 CCPC Date: October 16, 2003 Page 6 of 9 DEC 0 2 2g, 3 Ce de Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. If this variance is denied the applicant could still enjoy the present use of the land with the current telecommunications tower, but the Coast Guard, whom the tower is intended to serve, would be forced to find an alternative location to house their Rescue 21 communications system. Within the coastal region of Collier County, there are no existing structures with the necessary height to locate the Rescue 21 equipment upon, and denial of the proposed tower request would generate the need for two additional towers to be developed within the Collier coastal area, due to the lack of a viable alternative within the Collier Boulevard corridor. The denial of this variance and proposed tower would run contrary to Section 2.6.35.6.8. of the LDC which encourages the use of a parcel for the placement of multiple towers. 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 variances proposed arc the minimum variances to allow thc implementation of the Rescue 21 system. As noted, the subject parcel is currently thc site of an existing telecommunications facility. The requested variances will allow for the implementation of a rescue and national defense system that provides a needed function to the County and the Country with the least amount impact to the area. Approval of the variances should not have a negative impact upon thc standards of health; safety and welfare, rather through thc implementation of the Rescue 21 system, thc proposed tower would bolster the standards of health, safety and welfare, with thc least amount of intrusion to a local area. f. Will granting the variance 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. Granting this variance will allow the petitioner to have a tower which is taller than the permitted '250-foot height limitation for towers, separated from a residential zoning district less than the regulations require, and has an anchor point which does not meet the minimum standard for side yards in a Rural Agricultural district. The conditions which dictate the need for these variances have been outlined in this staff report; the purpose or function of the proposed tower is the motivating factor for granting approval. Other petitioners are not denied the same opportunity by the zoning regulations, rather the purpose and circumstances which surround their request would dictate whether they were denied the same special privilege approval of this request would convey to the applicant. 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? Yes. The approval of this variance should not have a negative effect upon ti as a whole due to the size of the subject property, the existing tower on the ,, and the presence of natural buffers and the surrounding land uses. Due to proposed tower would not likely be detrimental to the public welfare. Also Petition VA-2003-AR-4525 CCPC Date: October 16, 2003 Page 7 of 9 tese t s.. th~.~. n. !! this report the purpose of the tower request is to allow the Coast Guard to implement the Rescue 21 system, which will broadly promote increased health, safety and welfare. ge 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. The subject property is surrounded by natural vegetation that will minimize the impact of the side yard reduction. Also, the property line where the side yard reduction is sought, borders a golf course tract within the Eagle Creek PUD. The existing 524-foot guyed wired tower will minimize the visual impact of the proposed tower. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will further the stated goals of protecting the health, safety and welfare of the County, which are the underlying legal concepts of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that although there are no land-related hardship associated with this variance, there are several ameliorating factors. The residential properties within the Eagle Creek PUD were developed with the presence of an existing tower and within the limit of the separation requirement. The proposed tower would be utilized by the United States Coast Guard to further the health, safety and welfare of Collier County. The presence of natural buffers surrounding the exterior of the subject site provides a natural screening of the base of the use from the surrounding properties. In addition, the golf course tract within Eagle Creek, which abuts the subject property to the west and north, provides further protection as a buffer between the base of the tower and guyed anchor points. Finally, the need for the proposed tower is motivated by the Coast Guard's Rescue 21 system. The subject site provides the greatest opportunity to locate their system with the least amount of disruption to the surrounding area due to the presence of the existing 524-foot tower. Staff recommends that the Collier County Planning Commission recommend approval of Petition VA-2003-AR-4525 to the Board of Zoning Appeals, subject to the following conditions: 1. These variances are for the variances shown in Exhibit "A" only. Any other variance shall require a separate variance. 2. In case of the destruction of the tower, for any reason, the tower may be replaced with the dimensional variances expressed within the petition, contingent that the conditions of petition CU-2003-AR-4524 are still being satisfied. AOF. NDA ITEM CCPC Date: October 16, 2003 Page 8 of 9 Pelition VA-2003-AR-4525 DEC 0 PREPARED BY: MIKE BOSI, AICP PRINCIPAL PLANNER DATE REVIEWED BY: CURRENT PLANNING MANAGER DATE APPROVED BY: /~ONIMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN I~ATE Staff report for the October 16, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the November 18, 2003 Board of County Commissioners Meeting Petition VA-2003-AR-4525 CCPC Dale: October 16, 2003 Page 9 of 9 DEC 0 2 2003 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: Planner Assigned: VA-2003-AR-4525 PROJECT 02003060041 DATE: 7/30/03 MIKE BOSI COMPANION ITEM TO('~_2003.AR.4524 ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Pinnacle Towers Inc. C/O Bonnie Bowers Petitioner's Address: 301 N. Cattleman Road, Suite 300, Sarasota, F1 34232 Telephone: 941-308-5215 Fax#: 941-364-8761 E-Mail Address: bbowers~pintowers.com Agent's Name: Wireless Planning Services, LLC, James B. Malless, AICP Agent's Address: 845 Mississippi Ave. Lakeland, FL 33801 Telephone: 863-838-9686 Fax#: 863-688-5176 E-Mail Address: jim~scrproperties.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Page 1 - Revised 4/03 DEC 0 2 2003 ., Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address N/A City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address N/A City State ~ Zip Name of Civic Association: Mailing Address N/A City State__Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Section 3 Twp. 51 Acreage Number: 14.55 Unit Lot (s) Block (s) Range 26 Property I.D. #: 512603 006.0016B03/00724400009 Metes & Bounds Description: ATTACHED Address of Subject Property: 305 Tower Road (If different from Petitioner's address) DEC 0 2 2003 Current Zoning and Land use of Subject Parcel: Zoning AR Actual Use 524-foot guyed tower and associated facilities Adjacent Zoning & Land Use: ZONING LAND USE N PUD S C-3&A W PUD E PU "I" Residential and golf course Warehouse & Vacant Residential and golf course Office Minimum Yard Requirements for Subject Property: Front: 50 Comer Lot: Yes [--] No X Side: 30 Waterfront Lot: Yes [--] No X Rear: 50 Nature 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 (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Existing Structures: 524-foot guyed tower and associated structures, acquired by PTI in June, 1997. Existing structure was originally built has a 700-foot tower, but was reduced in height in June, 2000. Proposed Structure: A 700-foot guyed tower, 8 by 12 foot electronic equipment building, LP tank and generator. Variance #1: The request is to reduce the required tower to residential separation distance from 1,750 feet to 270 feet. This is a reduction of 1,480 feet. Section 2.6.35.6.2 requires that a tower over 75 feet tall be 2.5 times the tower height from residential zoning districts or PUD zoning of a 6 residential units or less. The 700-foot tower would need to be 1,750 feet and the proposed tower is only 275 feet from the nearest residential zoning district. The variance is requested to provide enough height that the US Coast Guard antennas will reach the area that they need to reach to provide the required service. The requested height and the needed variance eliminates the need for 2 other new 700-foot towers that would be required to serve this area. Variance # 2: Reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. This is a 6- foot reduction on the location of the guyed anchor. The measurements are from the point where the anchor enters the earth. Section 2.6.35.6.15 requires that guyed anchors of towers over 75 feet meet the setback standards of the zoning district. The zoning district of this parcel is A and the side setback standard is 30 feet. The county code requires that towers be able to withstand certain wind velocities based on the height of the tower. The design of the tower requires that the guy anchors be placed a specific distance from the tower in order to meet the County's engineering standards. The proposed tower must be placed in a certain spot so that it will not interfere with the other tower. These 2 issues drove the location of the guyed anchor and the need for the variance. DEC 0 2 2OO3. 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 (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure, or building involved. Existing development of the site includes a 524-foot guyed tower that was previously a 700- foot tower. The height of the proposed tower is driven by the US Coast Guards needs. Section 2.6.35.6.8 states: "Placement of more than one tower in a land site is preferred and encouraged..." The site has heavy vegetation on the perimeter of the 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? Prior to the owner purchasing the property the County approved the parcel for a 700-foot guyed tower with associated facilities. The residential development occurred after the original tower was developed. The existing tower does not meet the standards that were approved after the tower was built. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. In order for the applicant to meet the tower to residential separation the owner of the tower would need to acquire and remove all the residential structures within 1,750 feet of the tower. This is an undue hardship. The requested side yard setback variance is required to meet the County's engineering standards for safety. Meeting the setback standard would require the County to change its engineering standard. 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, these are the minimum variances required to meet the US Coast Guard's need for a 700- foot tower in this area. It will provide for the safety of the local population and the visting boating population. o Will granting the variance requested confer on the petitioner any specil~'~,ilqa~a/, ..... is denied by these zoning regulations to other lands, buildings, or structlres zoning district. I .... No. The granting of the variance will forward the stated purpose and intent in Section 2.6.35 to reduce the number of new tower sites and the Section 2.6.35.6.8 to promote multiple towers on a site to reduce the visual impact. o 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. No, the tower is being constructed to provide antenna space to the US Coast Guard to for its Rescuer 21 Program. Information on this program has been submitted to staff. The existing tower was originally built to 700-feet and the area developed around the tower without any negative impact. The zoning code directs taller towers to the A zoning district because generally the district is not surrounded by residential development. The grouping of multiple towers on a site is encouraged by the code. 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, the site is surrounded by natural vegetation that will minimize the impact of the reduction in the side yard setback. The existing 524-foot guyed tower will minimize the visual impact of the proposed 700-foot tower. 8. Will granting the variance be consistent with the growth management plan? Yes, the Growth Management Plan is based on providing for the health, safety and welfare of the people of Collier County. The proposed tower will provide for the communications system for the US Coast Guard. ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately DEC 0'2 2003 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 3. Pre-application notes/minutes 15 / 4. Survey of property, showing the encroachment 1 4" (measured in feet) / 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference / 7. Application fee = $1000 Data Conversion fee = $25 (minus fees paid at pre-application meeting) Checks shall be made payable to: c,/ Collier County Board of Commissioners /. 8. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Agent Signature Date DEC 0'2 2003- EXHIBIT "A" Legal Description of real property conveyed by Warranty Deed from Palmer Communications, Inc. to Pinnacle Towers, Inc. ISLE OF CAPRI Legal Description of site: A tract of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest comer of said Section 3; thence along the West line of said Section 3 North 00°00'15" West, 920.69 feet to a concrete monument found at the Northwest corner of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30" East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00' 15" East, 604.76 feet to an iron pin set in the Northerly right- of-way tine of Tower Road for the Southeast comer of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75°26'40'' West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09'', radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45°44'36'' West, 103.94 feet to an iron pin set; (3) South 16004'49" West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31'', radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53010'20" West, 54.21 feet to an iron pin set; (5) North 89°48'15'' West, 341.90 feet to a concrete monument found at the Southwest comer of a certain Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00°03'32'' West, 178.61 feet to an iron pin set at the Northwest corner of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21" West 268.79 feet to a concrete monument found at the Southwest comer of said "General TV Tract", also being in the West line of said Section 3, being also the Southwest comer of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15'' West, 712.23 feet to a concrete monument found at the Northwest comer of said "General TV Tract", being also the Northwest comer of the tract herein described; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30" East, 799.84 feet to the POINT OF BEGINNING. DEC 0 2 2093 Message Page 1 of 2 BosiMichael From: Sent: To: Cc: Subject: Follow Up Flag: Due By: Flag Status: murray_s Wednesday, November 05, 2003 10:07 AM SchmittJoseph BosiMichael FVV: 800 Foot Tower Follow up Monday, November 03, 2003 9:00 AM Flagged ..... Original Message ..... From: Will Kriz [mailto:wckriz@comcast.net] Sent: Monday, October 20, 2003 6:07 PM To: Donna Fiala Cc: Keith Tompkins Subject: 800 Foot Tower Dear Ms. Fiala, I am sending this message because of my objection to the location of a proposed 800' tall tower on Tower Road, immediately west of SR 951 and south of the Eagle Creek community. I realize that any project associated with "Homeland Security" is hard to argue with. And, for that reason, I do not want to risk standing in front of the Board of County Commissioners and possibly be criticized and therefore embarrassed. I am not against the tower, just it's location. I request that you ask the U.S. Coast Guard (or the contractor building the tower) to find another place that is less congested with residents. Another site that is more isolated and poses less impact on the many residents who live in adjacent Holiday Manor, Manatee Road, Eagle Creek, and who will live at Lands End would be much better. 800' of blinking red lights, in addition to the two current towers of blinking red lights, will negatively impact the numerous neighbors. We are aware of other more isolated tower locations in the area. Additionally, I cannot speak for the Marco Airport, but, helicopters and airplanes about to land or take off should be quite concerned about the 800' height. As you recall, several years ago a plane landing at the airport hit an existing tower guy wire, crashed, and two people died. Parts of the airplane landed on the Eagle Creek golf course, very close to homes. At 800' the proposed tower is even taller than the one the airplane crashed into. And incidently, that tower has since been lowered as we understand at the request of the Federal Aviation Administration. I would like the Commission to suggest to the builder to come back to th location for consideration. So, all things considered, i.e., safety, blinking lights, affect on the residents and inappropriate citing of the tower lead me to think that it should be placed ~l~u~ I~ ;m witl~ an 11/14/2003 DEC. 0 2 2C~3 Message Page 2 of 2 Please accept my many thanks for this and the good job you are doing overall. Sincerely, Carolyn Kriz 732-1982 11/14/2003 DEC 0 2 2003 JEB BUSH GOVERNOR ,Y ,)' ;,~,.., Florida Department of Transportation Aviation Office 605 Suwannee Street, MS-46 Tallahassee, FL 32399-0450 September 25, 2003 JOS~ ABRE SECRETARY Mr. Cesar I. Perez FAA - Southern Regional OffiCe 1701 Columbia Avenue - ASO-520 College Park, GA 30337 Re: Aeronautical Study #2003-ASO-2902-OE Proposed Antenna Tower 724 feet above mean sea level (AMSL) Dear Mr. Perez: The State of Florida, Department of Transportation objects to the proposed tower as described in FAA Aeronautical Study #2003-ASO-2902-OE. The 724-foot above mean sea level (AMSL) antenna tower lies within a VFR route between Naples Municipal Airport (APF) and Marco Island Airport (MKY) that supports a high degree of VFR air traffic. Pursuant to FAA Order 7400.2E Change 2, 'A structure would have a adverse effect upon VFR navigation if its height is greater than 500 feet above the surface at its site, and within 2 statute miles of any regularly used VFR route." The proposed antenna tower coordinates will place the tower within one (1) mile of the above-mentioned VFR route. Both Naples Municipal Airport (APF) and Marco Island Airport (MKY) support a significant number of flight operations. In fact, APF is one of the busiest airports in southwestern Flodda, with a total of 138,185 annual operations for 2002 This includes over 92,000 itinerant operations and over 30,000 local operations. MKY, a general/corporate aviatio, airport, had a total of 14,580 annual operations in 2002. This includes over 10,000 itinerant operations and over 4,000 local operations. Due to Florida's weather pattern, most of the flights conducted on this VFR route are during VFR conditions and perhaps marginal VFR conditions. Geography also plays a significant role, considering the entire area is surrounded by the Everglades to the east and the Gulf of Mexico to the west. This VFR route continues on to Everglades Airport 0(01), the most southwestern airport on the mainland of Flodda, where a significant amount of sport fishing and Everglade's tourism is conducted. Since MKY and X01 are the two most southwestern airports on mainland Flodda, a majodty of VFR flights are conducted on the above-mentioned VFR route. Though, a 707-foot AMSL antenna tower exists in close proximity to this proposal, the cumulative impact resulting from the proposed structure when combined with the impact of the existing structure would not be acceptable to the Department. If you have any questions, please feel fee to contact Aaron Smith or myself at 850-414-4500. State iation Manager Mr. Wayne Chewing, Aviation, FDOT District 1 Office Mr. Theodore Soliday, Naples Municipal Airport Mr. Robert Tweedie, Marco Island Airport Mr. Ray Bellows, Chief Planner, Collier County Ms. Janis E. Merfitts, Pinnacle Towers Inc. www.dot:.st, at.e.fl.us DEC 0 '2 2003 RECYCLED PAPER RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2003-AR- 4525 FOR: A VARIANCE OF 690 FEET FROM THE REQUIRED MINIMUM SEPERATION REQUIREMENT OF 1,750 FEET TO 1,060 FEET FROM THE REQUIRED RESIDENTIAL ZONING DISTRICT SETBACK, A VARIANCE OF 450 FEET FROM THE REQUIRED MAXIMUM HEIGHT LIMITATION OF 250 FEET TO 700 FEET FOR TOWERS IN AN AGRICULTURAL ZONING DISTRICT, AND A VARIANCE OF 6-FEET FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 24 FEET FOR A SINGLE GUYED WIRED ANCHOR POINT IN AN AGRICULTURAL ZONING DISTRICT 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 the following variance requests: a 690-foot variance from the required residential zoning district setback of 1,750 feet to 1,060 feet, a 450-foot variance from the required 250-foot height limitation to 700 feet, and a 6-foot variance fi-om the required 30-foot side yard setback to 24 feet, as shown on the attached plot plan, Exhibit'"B", in an Agricultural 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 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 be 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 VA-2003-AR-4525 filed by James B. Malless, AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Incorporated, with respect to the property hereinafter described as: Exhibit "A" -1- DEC fl 2 be and the same hereby is approved for the following variances: a 690-foot variance from the required 1,750 yard setback to 1060 feet, a 450-foot variance from the required 250-foot height limitation to 700 feet, and a 6-foot variance from the required 30-foot side yard setback to 24 feet, as shown on the attached plot plan, Exhibit "B", in the Agricultural Zoning District wherein said property is located, subject to the following conditions: 1. These variances are for the variances shown in Exhibit "B" only. Any other variance shall require a separate petition and hearing. 2. In case of the destruction of the tower, for any reason, the tower may be replaced with the dimensional variances expressed within the petition, contingent that the conditions of petition CU-2003-AR-4524 are still being satisfied. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2003-AR-4525 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 'BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: ~larjor~ M. Student ' Assistant County Attorney VA-2003 -AR-4525/MB/lo -2- DEC 0 2 2003 A tract of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book_ 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest corner of said Section 3; thence along the West line of said Section 3 North 00°00'15" West, 920.69 feet to a concrete monument found at the Northwest corner of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30.. East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00'15" ]~ast, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast corner of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75°26'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09'., radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45°44'36.. West, 103.94 feet to an iron pin set; (3) South 16°04'49.. West, 183.34 feet to sn iron pin set; (4) along a curve, concav~ to the Northwest, whose elements are: central angle of 74°04'31'', radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53° 10'20" West, 54.21 feet to an iron pin set; (5) North 89°48'15" West, 341.90 feet to a concrete monument found at the Southwest corner of a certs~ in Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly l_ine of said Parcel "A", North 00°03'32" West, 178.61 feet to an iron Pin set at the Northwest corner of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21'' West 268.79 feet to a concrete monument found at the Southwest- ° corner of said "General TV Tract", also being in the West line of said Section 3, being also the Southwest corner of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15" West, 712.23 feet to a concrete monument found at the Northwest corner of said "General TV Tract", being also the NOrthwest corner of the tract herein described; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30.. East, 799.84 feet to the POINT OF BEGINNING. DEC 0'2 2003 DEC 0 2 2003 EXECUTIVE SUMMARY PUDZ-2002-AR-3158, ROBERT J. MULHERE, AICP, OF RWA INC. AND RICHARD D. YOVANOVICH, ESQUIRE, OF GOODLETTE COLEMAN & JOHNSON, REPRESENTING ECO VENTURE WIGGINS PASS LTD., REQUESTING TO REZONE A 10.45 ACRE PARCEL FROM C-4 TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "COCONILLA" PUD TO ALLOW FOR: A MAXIMUM OF 95 RESIDENTIAL UNITS ON +/- 10.02 ACRES OF DEVELOPABLE AREA FOR A RESULTING DENSITY OF 9.5 DWELLING UNITS PER ACRE, SPECIFICALLY INCLUDING A RESIDENTIAL TOWER AT A BUILDING HEIGHT NOT TO EXCEED 21 STORIES OVER PARKING (MAXIMUM OF 225 FEET ABOVE THE REQUIRED FLOOD ELEVATION AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2.6.3.1 OF THE COLLIER COUNTY LDC), TOWN HOME UNITS, AND A MARINA BASIN WITH 52 BOAT SLIPS AND CUSTOMARY ACCESSORY USES, INCLUDING A PUBLICLY ACCESSIBLE SHIP'S STORE AND MARINE FUELING STATION OF APPROXIMATELY 5000 SQUARE FEET OF COMMERCIAL SPACE; AND, A +/- 0.80 ACRE PUBLIC USE TRACT PROVIDING FOR ADDITIONAL PUBLIC VEHICLE AND BOAT TRAILER PARKING TO PROVIDE: SUPPORT FOR COCOHATCHEE RIVER PARK, ACCESS TO THE MARINA SHIP'S STORE, AND EGRESS TO VANDERBILT DRIVE FOR PARK PATRONS TO ALLOW FOR SAFE EGRESS VIA A PROTECTED NORTHBOUND TURNING MOVEMENT AT EXISTING TRAFFIC SIGNAL AT WIGGINS PASS ROAD AND VANDERBILT DRIVE FOR PROPERTY LOCATED ON VANDERBILT DRIVE, AT THE WESTERN TERMINUS OF WIGGINS PASS ROAD IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approximately 10.45 acres of land currently zoned General Commercial (C-4) to PUD (Coconilla PUD). The Coconilla PUD is a proposed residential development consisting of townhouse and high-rise multi-family residential units, boat slips and parking for the adjacent Collier County park. The subject property is the site of the former Wiggins Pass Marina. It is located west of the terminus of Wiggins Pass Road at Vanderbilt Drive. The proposed residential units can be divided between dwelling units in a high-rise building and townhouse dwelling units. Accessory to the residential use are cabanas, a marina ~uildi~b~th-lfd~-~L marina basin with 52 boat slips. The high-rise residential building is proposed to b~lconlam~~. DEC 0 2 2C. 3 1 three tiers. The northern tier is limited to 21 stories over parking with a maximum of 225 feet in height above the required flood elevation. The middle tier is limited to 18 stories over parking with a maximum of 200 feet in height above the required flood elevation. The southern tier is limited to 15 stories over parking with a maximum of 175 feet in height above the required flood elevation. The proposed density of the Coconilla PUD is 95 dwelling units on 10.45 acres, which would result in a density of 9.09 dwelling units per acre, however, 0.43 acre of the site is marine wetland and is ineligible to be used in the density calculation. The actual density calculation is 95 dwelling units on 10.02 acres, resulting in a density of 9.5 dwelling units per acre A complete analysis is contained in the attached Planning Commission Staff Report. That analysis discusses in detail the PUD's consistency with the Growth Management Plan and compatibility with the surrounding area. Among the points considered in the analysis: Utilization of the Conversion of Commercial provisions of the GMP. Inclusion of a majority of the property within the Coastal High Hazard Area. Inclusion of a majority of the property within the secondary zone of a bald eagle nest. Compatibility of proposed buildings with existing and proposed buildings on adjacent property. FISCAL IMPACT: This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: · Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: EMS Impact Fee: · Schools (multifamily): $578 $ 54,910 $181 $ 17,195 $0.15 per square foot under roof $ 28,500 $3,429 per dwelling unit $ 325,755 $118 per dwelling unit $ 11,210 $2 per dwelling unit $ 190 $827 per dwelling unit $ 78,565 The estimated total amount of impact fees for the proposed rezone is $516,325. It should be noted that this estimate is based on 95 2,000 square-foot multi-family dwelling units being developed. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. 2 DEC 0 2 2003 GROWTH MANAGEMENT IMPACT: The subject property is. designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The property is also within the Traffic Congestion Area, part of the Density Rating System, and the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) - that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed - Use District permits a variety of residential and non-residential land uses including mixed use developments such as Planned Unit Developments; water-dependant and water-related uses and other recreational uses such as water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants; and, recreation and open space uses. The Density Rating System provides for an eligible density of 4 dwelling units per acre throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 dwelling units per acre), whether in or out of the CHHA, therefore, the subject site is eligible for a base density of 4 dwelling unit per acre. But, the site is within the Traffic Congestion Area so is subject to a 1 dwelling units per acre reduction. However, the petition is eligible tbr the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted". As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0 tol 6 dwelling units per acre may be found consistent with the FLUE. As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). Base density = 4 dwelling units per acre Traffic Congestion Area = -1 dwelling unit per acre Conversion of Commercial = +16 dwelling units per acre Total Maximum Density= 19, however, 16 dwelling units per acre is the maximum density permitted by the Density Rating System The existing FLUE only refers to gross density when applying the Density Rating System. However, an amendment adopted September 10, 2003, but not yet in effect, clarifies that gross site acreage is used to calculate residential density, LESS land area devoted to commercial or industrial land uses or devoted to land uses with an equivalent residential density (e.g. ALF). This is also how the LDC provides for calculating residential density, and is how staff has in the past interpreted the FLUE. Since the property is proposed for a combination of residential and water-dependent, water-related uses (no commercial, industrial or residential equivalent uses), staff believes it appropriate to utilize the entire site acreage in calculating residential density. DEC 0 2 2003 The Land Development Code also requires that marine wetlands not be used in density calculations. The subtraction of the 0.43-acre of wetlands results in a developable acreage of 10.02 acres to be used for density calculations. The Urban-Mixed Use District sets forth that any water-dependent and/or water-related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policyl0.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) Presently developed sites; b) Sites where water-dependant or water-related uses have been previously established; c) Sites where shoreline improvements are in place; d) Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized. The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-dependent use - the 0.80-acre public use tract related to the adjacent Cocohatchee River (County) Park. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of its review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. In viewing surrounding properties, gross density and/or net density might be evaluated, and density averaging might be employed. For a complete discussion of the background and history of these issues, please refer to the attached Planning Commission Staff Report. Based upon the above analysis, Staff concludes the proposed uses and density for the site may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: The majority of the site falls within the secondary protection zone of a bald eagle nest. The petitioner has applied to the US Fish and Wildlife Service (USFWS) for an Incidental Take Permit (a "take permit" includes destroying a bird or its nest, but in this case, because the nest is not property, it will be for degradation of habitat). 4 on the petitioner's,., DEC 0 2 2003 In accordance with Policy 7.1.2 of the Conservation and Coastal Management Element of the GMP, a wildlife habitat management plan has been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi- story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a high-rise residential building. Consistent with this policy, the bald eagle management plan for the project provides restrictions on building height and prohibits construction during nesting season. Policy 7.1.2(3) of the Conservation and Coastal Management Element of the GMP states, "The County shall consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission (FWC) and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." The USFWS is working on a biological opinion that was expected to be completed in October (according to the petitioner, the opinion has not yet been received). The FWC does not typically provide technical assistance once a Section 7 consultation (Incidental Take permit application) has been started. If at such time that the USFWS provides its written biological opinion and its recommendation allows for the multi-story building within the secondary zone and/or allows construction during the nesting season, the eagle management plan will be consistent with the GMP. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on August 6, 2003. The petitioner presented the proposed PUD and EAC members questioned the petitioner. Twenty neighbors and other County residents spoke, both in favor and in opposition. Speakers in favor generally stated that the residential use was preferable to the potential commercial uses, which could be built. Speakers in opposition generally stated that the current marina provides water access to the boating public, which will become private after the rezone; the fact that a building over 200 feet in height is not compatible with the neighborhood; and that the building would disturb the flight patterns and feeding habits of the bald eagles, and eventually cause the eagles to abandon the nest. Council Member Ellis made a motion to recommend denial. The motion died for lack of a second. Council Member Gal recommended approval with the maximum building height being the same as the eagle nest tree. That motion also died for lack of a second. Council Member Hughes made a motion to recommend approval with the condition that the petition be reheard by the EAC if the USFWS Incidental Take Permit allowed a building height that is higher than the eagle nest tx 5 DEC.0 2 2003 was seconded by Council Member Sorrell. Mr. Sansbury, Mr. Hughes, and Mr. Sorrell voted in favor of the motion. Mr. Gal and Ms. Ellis voted in opposition. Council Members Carlson, Lynne, and Hummiston recused themselves. Although the motion passed 3 to 2, the LDC requires the votes of 5 EAC council members, either in favor or in opposition, in order to forward a recommendation. Therefore the EAC forwarded Petition PUDZ-2002-AR-3158 to the Board of County Commissioners with no recommendation. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 6, 2003. The Commission heard testimony from the petitioner, Staff and area residents. Thirty-eight residents spoke, with 20 supporting the project and 18 in opposition. Of the 18 speakers in opposition, several represented groups: North Bay Civic Association, Property Owners of North Collier County, Estuary Conservation Association, Naples Park Area Association, and, unless the Eagle Management Plan is endorsed by USFWS, the Collier County Audubon Society also expressed opposition. After discussion and questions from the Planning Commission, the petitioner, who originally asked for a density of 10.7 dwelling units per acre, agreed to the Staff recommendation of 9.5 dwelling units per acre with a concomitant reduction of two floors. Commissioner Adelstein then made a motion to recommend approval with a density of 8.2 dwelling units per acre and a maximum height of 12 stories over parking. After being seconded by Commissioner Murray, the motion failed by a vote of 3 to 6. Commissioner Strain then made a motion to recommend denial based on numerous findings, among them, the impropriety of a density bonus in the Coastal High Hazard Area, the fact that the USFWS permit had not yet been obtained, and the finding that a residential use is not a water-dependent use. The motion was seconded by Commissioner Richardson and was approved by a vote of 6 (Schiffer, Midney, Strain, Richardson, Abemathy, and Evans) to 3 (Murray, Adelstein, and Budd). Therefore, the (;CPC forwarded the Coconilla PUD to the Board of County Commissioners with a recommendation of denial. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the tiered high-rise building is compatible with the other high-rise buildings in the vicinity. Staff analysis also indicates that the project is eligible for the Conversion of Commercial provisions of the Density Rating System, which would allow a density of from 0 to 16 dwelling units per acre. Staff analysis also indicates that the Coconilla PUD is largely within the CHHA, which, in different sections of the GMP, permits the use of the Conversion of Commercial density bonus but also encourages limitation of density in this area. Should the County encourage, by way of a substantial density bonus, people to live in an area prone to storms, especially in light of the fact that there are no existing residential dwelling units on the subject property? Should the County encourage the elimination of commercial zoning outside of Activity Centers as stated in the Conversion of Commercial Zoning section of the Density Rating System, or recognizing certain private property rights, should the County encourage alternatives to residential land uses in'~: CI~A.{~.. T ~'[ historical knowledge is that, during the creation of the GMP, use of Conversion of ~orn~rc~al i,nt{.ne I 6 DEC 0 2 2003 Pl._ ~ CHHA [then the Coastal Management Boundary] was discussed and intentionally included.) These questions will ultimately be answered by the Board of County Commissioners. Until that policy decision is made, Staff has given equal weight to both of these provisions of the GMP. As stated in the FLUE, density is not an entitlement. The CHHA adjusted base density is a maximum of 3 dwelling units per acre. Utilizing the Conversion of Commercial provisions, the denSity of the subject site could be a maximum of 16 dwelling units per acre. Giving equal weight to both the CHHA and Conversion of Commercial provisions will result in a density that is lower than the maximum density, to decrease the number of residents exposed to storm hazards, and a density, which is greater than the adjusted base density, in order to encourage residential development on commercial property. In light of the conflicts contained in the Growth Management Plan and acknowledging that the applicant qualifies for a density bonus under the current density rating system, Staff believes this density should be calculated as half of the difference between the maximum and the adjusted base (16 - 3 = 13; 13/2 = 6.5; 6.5 + 3 = 9.5), resulting in a density of 9.5 dwelling units per acre (again giving equal weight to both applicable provisions of the GMP). Therefore, Zoning and Land Development Review Staff recommends that the Collier County Planning Commission forward Petition PUDZ- 2002-AR-3158 to the Board of County Commissioners with a recommendation of approval, subject to the PUD document attached to this Staff Report, with a density of a maximum of 9.5 dwelling units per acre; with the understanding that the Board's decision on the density of this petition will be a policy decision on which Staff will base future recommendations of density bonuses in the Coastal High Hazard Area. 7 DEC 0 2 2C 3 PREPARED BY: F~ISCHL, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: ~Y(~LLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE ~RRA~M DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: , ¢ TRATOR ,C/OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PUDZ-2003-AR-3158 8 DEC 0 2 2003 AGENDA ITEM 8-C FROM: HEARING DATE: SUBJECT: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOVEMBER 6, 2003 PUDZ-2002-AR-3158 COCONILLA PUD OWNER/AGENT: Agents: Owner: Contract Purchaser: Robert J. Mulhere, AICP RWA Consulting, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 Richard D. Yovanovich Goodlette, Coleman & Johnson, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Wiggins Pass Marina Company, Inc. Tree Plateau Company, Inc. 1020 Crossepointe Drive, Suite 106 Naples, FL 34110-0918 Eco Venture Wiggins Pass Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, FL 33606 REQUESTED ACTION: The petitioner wishes to rezone approximately 10.45 acres of land currently zoned General Commercial (C-4) to PUD (Coconilla PUD). The Coconilla PUD is a proposed residential development consisting of townhouse and high-rise multi-family residential units, boat slips and parking for the County park. 'i I! I11 '1 The site will have access at the intersection of Wiggins Pass Road and Vanderbilt Drive. GEOGRAPHIC LOCATION: The subject property is the site of the former Wiggins Pass Marina. It is located in the northwest quadrant of the intersection of Wiggins Pass Road and Vanderbilt Drive in Section 17, Township 48 South, Range 25 East. The parcel is approximately 10.45 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a residential PUD with private boat slips, and additional parking for the adjacent County park. The residential units can be broken down into 102 dwelling units in a high-rise building and 10 townhouse dwelling units. Accessory to the residential use are cabanas, a marina building, and a marina basin with 52 boat slips. As depicted on the PUD Master Plan, a high-rise residential building is proposed to be constructed in three tiers. The northern tier is limited to 21 stories over parking with a maximum of 225 feet in height above the required flood elevation. The middle tier is limited to 18 stories over parking with a maximum of 200 feet in height above the required flood elevation. The southern tier is limited to 15 stories over parking with a maximum of 175 feet in height above the required flood elevation. The petitioner states that the highest point on site today is 9.48 feet NGVD. The flood elevation for the site is currently 12 feet NGVD. Since the site is currently zoned C-4, is not located within an Activity Center, and is not consistent with the Neighborhood Village Center Subdistrict, the petition is eligible for the "Conversion of Commercial Zoning" density bonus of the Density Rating System of the Future Land Use Element of the Growth Management Plan. Conversion of Commercial Zoning allows the petitioner to apply for a maximum of 16 dwelling units per acre of commercial property converted. (It should be noted that the Density Rating System states that density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code.) The subject site is 10.45 acres resulting in a maximum of 167 residential dwelling units (a density of 16 units per acre). The petitioner proposes a maximum of 112 residential dwelling units on 10.45 acres (a density of 10.7 units per acre). The majority of the site falls within the secondary protection zone of a bald eagle nest. The petitioner has applied to the US Fish and Wildlife Service (USFWS) for an Incidental Take Permit (a "take permit" includes destroying a bird or its nest, but in this case, because the nest is not on the petitioner's property, it will be for degradation of habitat). In accordance with Policy 7.1.2 of the Conservation and Coastal Management Element of the GMP, a wildlife habitat management plan has been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Po states, "For the bald eagle, the required habitat management plans shall establish protecti~ 2 s the "Habitat icy 7~11~ zo/ILa'~ =c'-:.':d DEC 0 2003. the eagle nest restricting certain activities. The plans shall also address restricting certain types of .... · ctivities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a high- rise residential building. Consistent with this policy, the bald eagle management plan for the project provides restrictions on building height and prohibits construction during nesting season. Policy 7.1.2(3) of the Conservation and Coastal Management Element of the GMP states, "The County shall consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission (FWC) and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." The USFWS is working on a biological opinion that is expected to be completed in October. The FWC does not typically provide technical assistance once a Section 7 consultation (Incidental Take permit application) has been started. If at such time that the USFWS provides its written biological opinion and its recommendation allows for the multi-story building within the secondary zone and/or allows construction during the nesting season, the eagle management plan will be consistent with the GMP. SURROUNDING LAND USE AND ZONING: Subject Parcel: Property developed as a marina; zoned C-4 Surrounding: North: Undeveloped land within a residentially designated tract; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) East: Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) South: Cocohatchee River Park (Collier County Parks and Recreation); zoned P (Public Use) West: Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Southwest: Pelican Isle Yacht Club; zoned RT (density capped at 11 dwelling units per acre) 3 DEC 2 2003 ,,, Southeast: Undeveloped commercial tract of Wiggins Bay PUD; zoned PUD (4.85 dwelling units per acre) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Furore Land Use Map of the Growth Management Plan. The property is also within the Traffic Congestion Area, part of the Density Rating System, and the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) - that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed - Use District permits a variety of residential and non-residential land uses including mixed use developments such as Planned Unit Developments; water-dependant and water- related uses and other recreational uses such as water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants; and, recreation and open space uses. The Density Rating System provides for an eligible density of 4 dwelling units per acre throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 dwelling units per acre), whether in or out of the CHHA, therefore, the subject site is eligible for a base density of 4 dwelling unit per acre. But, the site is within the Traffic Congestion Area so is subject to a 1 dwelling units per acre reduction. However, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted". As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0 to16 dwelling units per acre may be found consistent with the FLUE. As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). Base density = Traffic Congestion Area = Conversion of Commercial = Total Maximum Density = 4 dwelling units per acre -1 dwelling unit per acre +16 dwelling units per acre 19, however, 16 dwelling units per acre is the maximum density permitted by the Density Rating System The existing FLUE only refers to gross density when applying the Density Rating System. However, an amendment adopted September 10, 2003, but not yet in effect, clarifies that gross site acreage is used to calculate residential density, LESS land area devoted to commercial or industrial land uses or devoted to land uses with an equivalent residential density (e.g. ALF). This is also how the Ll calculating residential density, and is how staff has in the past interpreted the FLUE. S is proposed for a combination of residential and water-dependent, water-related uses }C t>rovides for DEC 0 2 2003 n., /¢ industrial or residential equivalent uses), staff believes it appropriate to utilize the entire site acreage in alculating residential density. The Urban-Mixed Use District sets forth that any water-dependent and/or water-related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policyl 0.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) b) c) d) Presently developed sites; Sites where water-dependant or water-related uses have been previously established; Sites where shoreline improvements are in place; Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized. The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-dependent use - the .80-acre public use tract related to the adjacent Cocohatchee River (County) Park. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of its review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), bui!ding mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. In viewing surrounding properties, gross density and/or net density might be evaluated, and density averaging might be employed. Background/Additional Information Conversion of Commercial Zoning When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated commercial zoning: 1) the zoning re-evaluation program, a regulatory program whereby the County could downzone properties; and, 2) the Conversion of Commercial Zoning density bonus in the Density Rating System, an incentive for a property owner to initiate a rezone from commercial to residential zoning. At the same time, the GMP guided new commercial (and high density residential) development to locations deemed more suitable and able to handle such development, by establishing the Mixed Use Activity Centers. Through the zoning re-evaluation program, approximately 215 acres of commercial zoned land was downzoned. DEC 0 2 2003 The Conversion of Commercial Zoning density bonus was applicable throughout the coastal urban area at a maximum of 16 DU/A, except that the Urban Coastal Fringe Subdistrict (area lying south of US-41, east of the City of Naples - within what was then referred to as the Coastal Management Boundary) was capped at 4 DU/A, in effect limiting the bonus in that Subdistrict to 1 dwelling unit per acre to add back the 1 dwelling unit per acre reduced for lying within the Traffic Congestion Area, and except that on Marco Island (via a 1991 GMP amendment) density was allowed up to a maximum of 8 DU/A with use of this density bonus, and required preparation of a hurricane evacuation plan. In 1997, with the adoption of the EAR-based (Evaluation and Appraisal Report) GMP amendments, this cap on Marco Island density was removed; also, the City of Marco Island was incorporated and eventually adopted its own GMP. Since 1989, the Conversion of Commercial Zoning density bonus has rarely been used. Staff surmises this is likely because most eligible properties are deemed more valuable as commercially zoned, and/or the properties are not of such size, dimensions or location as to be suitable for residential development. One such conversion rezone was for a 2.93-acre parcel located on the south side of Bonita Beach Road, adjacent to the west of Little Hickory Bay PUD, in Section 5, T48S, R25E; it was rezoned in 1995 (petition R-95-8, Ord. No. 95-75) from C-3 to RMF-16, and is now developed. It is also located in the coastal high hazard area. Rule 9J-5, Florida Administrative Code (F.A.C.) Rule 9J-5, F.A.C. contains the minimum requirements for a local government's GMP, including the various elements to be included and what type of information those elements must include or address. The Rule is based upon the requirements of Chapter 163, F.S. Specifically, Rule 9J-5.012, Coastal Management [element], reads, in part: "(3) Requirements for Coastal Management Goals, Objectives and Policies. (b) The Element shall contain one or more specific objectives for each goal statement ... and which: 5. Limit public expenditures that subsidize development permitted in coastal high-hazard areas subsequent to the elements' adoption except for restoration or enhancement of natural resources; 6. Direct population concentrations away from known or predicted coastal high-hazard areas; 7. Maintain or reduce hurricane evacuation times;". Once a GMP is adopted, or an amendment thereto, it is reviewed by the Florida Department of Community Affairs, and other agencies, for compliance with Ch. 163, F.S. Once that GMP, or amendment, becomes effective, local development orders (rezones, etc.) are reviewed for consistency with the GMP, not the Statute or Rule. The Collier County GMP - including the Conversion of Commercial Zoning density bonus - has been found in compliance with Ch. 163, F.S. and is in effect. Conservation and Coastal Management Element (CCME) Select portions of Collier County's CCME read as follows: "GOAL 12: The County shall make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its involving beach and dune restoration and renourishment, road repair, publicly owned sea~ tlls, l~lt~cking 6 DEC O 2 2003 and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the CHHA. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the CHHA. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element." These Goals, Objectives and Policies (GOP) direct the County to limit its expenditures for public facilities in the CHHA, and reflect the County's desire to limit intensity of development in the CHHA both for reasons of safety to life and property and to lessen the demand for public facilities. Policy 12.2.2 refers to density allowed in the CHHA by the FLUE, but does so inaccurately. The correction of this internal inconsistency between the FLUE and CCME needs to be the subject of a future GMP amendment, possibly as part of the EAR-based amendments in 2004). The FLUE is the Element that regulates density in the unincorporated area of the County, with the exception of the Immokalee Area Master Plan and Golden Gate Area Master Plan for those respective areas. Per the FLUE Density Rating System: properties in the Urban Residential Subdistrict (including within the CHHA) are eligible for a base density of 4 dwelling units per acre; because the CHHA (except for +/- one Section) is within the Traffic Congestion Area, those properties are subject to a 1 dwelling units per acre reduction; eligible density bonuses for properties in the CHHA are the Conversion of Commercial Zoning (up to 16 dwelling units per acre bonus) and Affordable Housing (up to 8 dwelling units per acre bonus); and, density in the urban area is limited to a maximum of 16 dwelling units per acre, except as may be exceeded via use of Transfer of Development Rights (TDR) in Section 2.2.24.11 of the LDC - the existing, pre-Rural Fringe TDR provision. The CCME intent to limit residential density in the CHHA, and thereby, potential negative impacts to people and property, is inconsistent with the density bonuses in the FLUE that are applicable in the CHHA. In the past, in balancing the need for additional affordable housing with the desire to limit residential density in the Urban Coastal Fringe CLICF) Subdistrict (which is in the CHHA), the County gave greater weight to the affordable housing need, thus allowed density bonuses for affordable housing in the UCF (and in all of the CHHA). Presumably, the same balance was weighed for removing strip and isolated commercial zoning. As to commercial zoning in the CHHA, its development (as commercial) primarily results in more property subject to negative impacts of major stOrm events, whereas converting that commercial zoning to residential development results in increased property andpersons subject to negative impacts of major storm events. Future Land Use Map {FLUM) Discrepancy In the vicinity of the subject site, there are locational discrepancies on the FLUM for certain features. The CHHA boundary is depicted along Wiggins Pass Road from US-41 to Vanderbilt Drive. However, Staff has just discovered there are three features on the FLUM that are incorrectly located - Wiggins Pass Road, the US-41/CR-887 (Old 41) intersection, and the Wiggins Pass Road/US-41 Mixed Use Activity Center boundary; all three need to be shifted ¼ mile to the north. This raises the question: should the CHHA boundary shift northward with Wiggins Pass Road, or should it remain in its ~resell,~rtma~" which would be 1/4 mile south of the true location of Wiggins Pass Road.'? (The Boar, willll6g_timately ~ 7 DEC 0 2 2003. /7 ._ answer this question with a GMP amendment.) The ¼ mile difference affects not only properties on the south side of Wiggins Pass Road, but also affects the subject site - remaining at ~A mile south of the tree location of Wiggins Pass Road would place the entire subject site outside of the CHHA. It should be noted that the Category 1 hurricane storm surge boundary, upon which the CHHA boundary is based, consists of freely meandering lines, whereas the CHHA boundary on the FLUM - adopted and in effect - primarily consists of straight lines. It should also be noted that the demarcation of storm surge boundaries, and the CHHA, is not an exact science; it is based upon computer modeling taking into account numerous variables, including storm wind speed, storm landfall location, historical storm information, etc. It is believed that the County adopted its CHHA boundary with mostly straight lines for ease in identification - the boundary follows physical features in many locations, e.g. portions of Airport- Pulling Road, US-41 East, and Goodlette-Frank Road - and, to some extent, to avoid splitting properties. Further, roads sometimes function as dikes against storm surge, given that their elevation is frequently higher than natural grade. Also, using a straight line allowed, in some instances, for taking a more conservative approach; conversely, however, it also resulted in a more liberal approach in some other instances. Specifically relevant to the subject site, a detailed map of the Category 1 storm surge boundary encompasses almost the entire property; similar to the depiction of the CHI-IA boundary on the FLUM, only a small triangle-shaped portion north of Wiggins Pass Road and adjacent to Vanderbilt Drive, is excluded. Based upon the foregoing, and discussion with Emergency Management staff, it is Comprehensive Planning Staff's opinion that the intent was for the CHHA boundary to follow Wiggins Pass Road. Accordingly, as stated earlier, that places approximately 85% of the subject site within the CHI-IA. Future GMP Amendments Other amendments to the referenced CCME GOPs appear necessary as well. In Objective 12.2, the phrase "All furore unimproved requests" needs to be clarified. Further, if the intent is that all requests for future development of unimproved property in the CHHA will be denied, then the legality of that statement will need to be evaluated as a possible takings issue. In Policy 12.2.2, the last sentence should probably be changed to read in past tense. The zoning re-evaluation program provided for in. former FLUE Policy 3.1k, which included a review of all "unimproved properties" with residential zoning not consistent with the FLUE, was completed in the mid-1990s and resulted in some of those residential properties being downzoned to be consistent with the FLUE Density Rating System. Since completion of that program, all residentially zoned properties - whether "improved" or "unimproved" - are consistent with the FLUE, either by conformance with the Density Rating System or by policy. (The Future Land Use Map series includes the "consistent by policy" maps; they include residentially zoned properties not consistent with the Density Rating System but "improved" or with a particular application approved through the zoning reevaluation program that allowed the existing zoning to remain.) Additionally, the County may wish to consider an amendment to the Density Rating System (and possibly one or more Subdistricts) to establish a maximum density allowed in the CHHA and/or to further limit density bonuses eligible in the CHHA and/or to impose a density reduction for properties in the CHHA (similar to the density reduction for properties lying in the Traffic Congestion Area). Such consideration would need to include an analysis of properties within the CHHA as to fez r}: 7~'~irr existing and needed public services and facilities in the CHHA; general compatibility con', aer~ons, to8 8 DEC.0'2 2003 the extent possible; hurricane evacuation needs and requirements; affordable/workforce housing needs; any legal considerations. Finally, as noted previously, the FLUM needs to be amended to correct the location of Wiggins Pass Road, the US-41/CR-887 (Old 41) intersection, the Wiggins Pass Road/US-41 Mixed Use Activity Center, and the CHHA boundary. Based upon the above analysis, Staff concludes the proposed uses and density for the site may be deemed consistent with the Future Land Use Element. ANALYSIS: Environmental: The Environmental Advisory Council heard this petition on August 6, 2003. The petitioner presented the proposed PUD and EAC members questioned the petitioner. Twenty neighbors and other County residents spoke, both in favor and in opposition. Speakers in favor generally stated that the residential use was preferable to the potential commercial uses, which could be built. Speakers in opposition generally stated that the current marina provides water access to the boating public, which will become private after the rezone; the fact that a building over 200 feet in height is not compatible with the neighborhood; and that the building would disturb the flight patterns and feeding habits of the bald eagles, and eventually cause the eagles to abandon the nest. Council Member Ellis made a motion to recommend denial. The motion died for lack of a second. 2ouncil Member Gal recommended approval with the maximum building height being the same as the eagle nest tree. That motion also died for lack of a second. Council Member Hughes made a motion to recommend approval with the condition that the petition be reheard by the EAC if the USFWS Incidental Take Permit allowed a building height that is higher than the eagle nest tree. That motion was seconded by Council Member Sorrell. Mr. Sansbury, Mr. Hughes, and Mr. Sorrell voted in favor of the motion. Mr. Gal and Ms. Ellis voted in opposition. Council Members Carlson, Lynne, and Hummiston recused themselves. Although the motion passed 3 to 2, the LDC requires the votes of 5 EAC council members, either in favor or in opposition, in order to forward a recommendation. Therefore the EAC forwarded Petition PUDZ-2002-AR-3158 to the Board of County Commissioners with no recommendation. Transportation: The Transportation Services Department analysis provided the following comments. The entrance to this project shall be aligned with Wiggins Pass Road and the signal at this location. This shall be the only access, based on Access Management Standards to this development, except for an emergency connection shown at the north end of the property. A left mm lane, northbound, at Wiggins Pass Road, is required. A southbound right turn lane into the development at Wiggins Pass Road is also required. Off-site improvements include an eastbound left mm lane at U.S. 41 and Wiggins Pass Road subject to coordination with the developer on the Northwest comer of U.S. 41 and Wiggins Pass Road. are currently available to the site. Public utilities [ DEC022003 9 Planning: Under the Density Rating System, the PUD is eligible for a maximum of 167 dwelling units. The proposed PUD provides for a maximum of 112 dwelling units, resulting in a gross density of 10.7 dwelling units per acre, less than the maximum of 16 dwelling units per acre indicated by the Density Rating System. The Density rating System states that density bonuses are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code. Staff analysis indicates that the proposed project meets the criteria for the bonus. Staff analysis also finds the project compatible with the neighborhood (the residential parcel to the north, Cocohatchee Bay PUD, permits high-rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximum density of 11 dwelling units per acre). The proposed tiered building and increased front yard setback is a result of work between the petitioner and County Staff. The LDC requires that the Planning Commission shall make findings as to the PUD master plan's compliance with 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. The PUD Master Plan proposes residential development at a density of 10.7 dwelling units per acre in a Coastal High Hazard area. Is the area suitable for the type and pattern of development proposed in relation to physical characteristics of the land? The majority of the site is located in the Coastal High Hazard area, an area subject to flooding with a high potential for life and property loss. Is the area suitable for residential development at this density in relation to surrounding areas? The area is located at the coastal extreme surrounded in large part by water and coastal wetland areas subject to flooding and property destruction in minimal storm events. Would another kind of development be more suitable to the area, for example a mixed-use development of a waterfront restaurant with a floor of residential units with limited densities, minimizing risk to life and property? Although the site is presently developed, in part staff evaluates the suitability of the project as it relates to placing residents in a coastal area that is now occupied by commercial structures. During a storm, a commercial building is subject to potential property damage, while a residential structure would house residents who would be subject to evacuation. Is it suitable to increase residents in an area that has a potential for evacuation? Consistent with the provisions of the Growth Management Plan, as previously analyzed, the intent of the · CCME is to limit residential density in the CHHA, and thereby, potential negative impacts to people and property. Staff's opinion is residential density should be minimized in the CHHA, consistent with the provisions of the GMP. The subject property is mostly within the Coastal High Hazard Area according to the Collier County Growth Management Plan. The entire property also lies within a Category 1 SLOSH (Sea, Lake, Overland Surges from Hurricanes) Zone. The evacuation time for this zone in a Category 1 storm is 9.5 hours (the suggested regional hurricane evacuation time is 18 hours). Because of these zones, upon review of the project the Emergency Management Department recommended a reduction in density so there would not be an adverse effect on evacuation clearance times. Since that review, the petitioner reduced the density from the originally proposed 158 residential units to the current 112 residential units. Additionally, the petitioner has agreed to "harden" a floor, which could be used as a shelter during a storm. The Public Use portion of the project will provide additional parking for the Cocohatch I0 DEC 0 2 2003. pg. will also provide access to the traffic signal at Wiggins Pass Road and Vanderbilt Drive to the park fisitors. STAFF RECOMMENDATION: Staff analysis indicates that the tiered high-rise building is compatible with the other high-rise buildings in the vicinity. Staff analysis also indicates that the project is eligible for the Conversion of Commercial provisions of the Density Rating System, which would allow a density of from 0 to 16 dwelling units per acre. Staff analysis also indicates that the Coconilla PUD is largely within the CHHA, which, in different sections of the GMP, permits the use of the Conversion of Commercial density bonus but also encourages limitation of density in this area. Should the County encourage, by way of a substantial density bonus, people to live in an area prone to storms, especially in light of the fact that there are no existing residential dwelling units on the subject property? Should the County encourage the elimination of commercial zoning outside of Activity Centers as stated in the Conversion of Commercial Zoning section of the Density Rating System, or recognizing certain private property rights, should the County encourage alternatives to residential land uses in the CHHA? (Staff historical knowledge is that, during the creation of the GMP, use of Conversion of Commercial in the CHHA [then the Coastal Management Boundary] was discussed and intentionally included.) These questions will ultimately be answered by the Board of County Commissioners. Until that policy decision is made, Staff has given equal weight to both of these provisions of the GMP. As stated in the FLUE, density is not an entitlement. The CHHA adjusted base density is a maximum of 3 dwelling units per acre. Utilizing the Conversion of Commercial provisions, the density of the subject 3itc could be a maximum of 16 dwelling units per acre. Giving equal weight to both the CHHA and Conversion of Commercial provisions will result in a density that is lower than the maximum density, to decrease the number of residents exposed to storm hazards, and a density, which is greater than the adjusted base density, in order to encourage residential development on commercial property. In light of the conflicts contained in the Growth Management Plan and acknowledging the applicant qualifies for a density bonus under the current density rating system, Staff believes this density should be calculated as half of the difference of the maximum and the adjusted base (16 - 3 = 13; 13/2 = 6.5; 6.5 + 3 = 9.5), resulting in a density of 9.5 dwelling units per acre (again giving equal weight to both applicable provisions of the GMP). Therefore, Zoning and Land Development Review Staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002-AR-3158 to the Board of County Commissioners with a recommendation of approval, subject to the PUD document attached to this Staff Report, with an amended density of a maximum of 9.5 dwelling units per acre; with the understanding that the Board's decision on the density of this petition will be a policy decision on which Staff will base furore recommendations of density bonuses in the Coastal High Hazard Area. 11 DEC 0 2 2003. PREPARED BY: F D~ISC~, AICP, PRII~CIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: i~kY B,ffLt~O~§, ~HIEF PLA~ER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE Y, AICP, INTEKI~ DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: TOR D~TE' - ~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUDZ-2002-AR-3158 Tentatively scheduled for the December 2, 2003 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSEI~,A. BUDD, CHAIRMAN 12 DEC 0 2 2003 PUD FINDINGS PETITION PUDZ-2002-AR-3158 Section 2.7.3.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: 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. Consistent with the provisions of the Growth Management Plan, as previously analyzed, the intent of the CCME is to limit residential density in the CHHA, and thereby, potential negative impacts to people and property. Staff's opinion is residential density should be minimized in the CHHA, consistent with the provisions oft he GMP. In light of the conflicts related to density in the GMP, the suitability of this part of the Coastal High Hazard Area for residential development is a decision that will ultimately be made by the Board of County Commissioners. Other types of development may be more suitable (please refer to the Analysis section of the attached Staff Report), but Staff analysis indicates that this proposed PUD is consistent with the GMP and compatible with the neighborhood. 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. The petitioner has provided evidence that the PUD is under unified control. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff analysis indicates that the Coconilla PUD is consistent with the goals, objectives and policies of the Growth Management Plan. Two seemingly conflicting criteria were considered in the Staff recommendation (please refer to the Analysis section of the attached Staff Report) and both were determined by Staff to be equally applicable. DEC 0 2 2003. e The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the Coconilla PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. The adequacy of usable open space areas in existence and as proposed to serve the development. There is very little open space on the site as currently developed. The proposed PUD will meet the LDC requirement for 60 percent open space in residential developments. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The PUD is required to meet concurrency requirements at the time of Site Development Plan approval. The ability of the subject property and of surrounding areas to accommodate expansion. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP approval. 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. The proposed Coconilla PUD conforms to PUD regulations or requests deviations that staff analysis finds justified. AGi~NDA ITigg / DEC 0'2 2003 / 1 REZONE FINDINGS PETITION PUDZ-2002-AR-3158 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The Density Rating System allows a density of up to 16 dwelling units per acre for this site. A density of 10.7 dwelling units per acre is proposed. A large portion of the site falls within the Coastal High Hazard Area of the Growth Management Plan. (For a more complete discussion of this area, please refer to the Analysis section of the attached Staff Report.) Therefore, the PUD document, as attached, is consistent with the Collier County Growth Management Plan. The existing land use pattern; The parcel is a proposed residential PUD. The parcel is surrounded by residential uses and a County park. Therefore, the proposed residential land use is consistent with the land use pattern in the area. 0 The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD borders land that is zoned for residential use as well as a County park. Therefore, the subject site will not create an isolated district. e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. DEC 0 2 2003 The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner believes that a commercial parcel in a predominantly residential area would be best used by utilizing the Conversion Of Commercial uses provision of the GMP. Whether the proposed change will adversely influence living conditions in the neighborhood; Under the proposed rezone, the property will have residemial uses with a density below that which is allowed by the Density Rating System, which will not adversely affect neighborhood living conditions. Increasing the number of residents in the Coastal High Hazard Area could adversely influence living conditions by increasing evacuation times. (For a more complete discussion of this area, please refer to the Analysis section of the attached Staff Report.) Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has incorporated language into the PUD document, which renders the PUD compatible with the Traffic Circulation Element. Therefore, the proposed PUD will not excessively increase traffic congestion. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 2 J Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed residential uses will be required to meet building setbacks and height restrictions. When meeting these requirements, light and air will not be seriously reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This site is adjacent to other residential uses and a County park. An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; If the proposed rezone is determined by the Board of County Commissioners to be consistent with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today could be used for a commercial use, consistent with the C4 zoning district. However, the developer wishes to utilize the Conversion Of Commercial provisions of the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; 3 DEC 0 '2 2003 n. o?7 The request is consistent with the Density Rating System of the Growth Management Plan, and is therefore, within the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are a limited number of coastal parcels eligible for the Conversion Of Commercial provision. 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. While site conditions may restrict the location and square-footage of the residential building, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The rezoning of this property will eventually result in the creation of a residential community. Infrastructure is currently available to the site. If additional infrastructure is required (e.g. life-safety and schools) it would most likely be constructed outside the Coastal High Hazard Area. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. DEC 0 2 2003- Item IV.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 6~ 2003 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2002-AR-3158 Coconilla PUD Eco Venture Wiggins Pass, LTD. RWA Consulting, Inc. Passarella and Associates, Inc. II. III. LOCATION: The subject site is located on Vanderbilt Drive (CR 901) at the western terminus of Wiggins Pass Road (CR 888) in Section 17, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly developed with classifications: ZONING DESCRI PTI ON the following zoning N- PUD Cocohatchee Bay PUD; currently undeveloped, permitted for residential high-rise structures Vanderbilt Drive ROW Across Vanderbilt Drive is the Cocohatchee Bay golf course, zoned PUD Ww P PUD PUD Cocohatchee River Park (Collier County Parks and Recreation) and open water Undeveloped commercial tract of Wiggins Bay PUD (uses are similar to those in the C-2 commercial district) Cocohatchee Bay PUD; currently undeveloped, permitted for residential high-rise structures and presel ye ~a~)~;~ DEC 0 2 2003. EAC Meeting P age__2 of 9 IV. PROJECT DESCRIPTION: The subject site is 10.45 acres in size. It is currently zoned General Commercial (C-4) and is the former site of the Wiggins Pass Marina. The petitioner proposes to. rezone the site to PUD. ~-The Coconilla PUD is primarily residential (5.65 acres) with a maximum of 112 dwelling units. 102 dwelling units are proposed for high- rise multifamily buildings and 10 townhouses are also proposed. The maximum density that could be requested for this PUD is 16 dwelling units per acre. The petitioner requests a density of 11.6 dwelling units per acre. Four acres of the site will contain boat slips and other water-related uses which are accessory to the residential units. In addition, 0.8 acre is being dedicated to public use, adjacent to the Cocohatchee River Park. The high-rise building is proposed to be constructed in three tiers. The northern tier is limited to 21 stories over parking with a maximum of 225 feet in height above the required flood elevation. The middle tier is limited to 18 stories over parking with a maximum of 200 feet in height above the required flood elevation. The southern tier is limited to 15 stories over parking with a maximum of 175 feet in height above the required flood elevation. The petitioner states that thc highest point on site today is 9.48 feet NGVD. The flood elevation for the site is currently 12 feet NGVD. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban Mixed - Use District permits a variety of residential and non- residential land uses including mixed use developments, such as Planned Unit Developments, including water-dependant and water-related uses and other recreational uses such as parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, boat launching facilities, boat fueling facilities, and restaurants. The Density Rating System indicates that the site is eligible for a base density of 4 dwelling units per acre, but the site is within the Traffic Congestion Area, resulting in a 1 dwelling unit per acre reduction. However, the petitioner's request to rezone the property from C-4 to PUD meets the criteria of the Density Rating System "Conversion of Commercial Zoning" provision which states: if the project includes conversion of commercial zoning which is not within Activity Center or Interchange Activity Center and is not consis~ :nt ~th the <~ ,~ DEC 0 '2 2003. n. EAC Meeting Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted. Since the property is proposed for a combination of residential and water-dependent, water- related uses, Staff believes it appropriate to allow a double-counting of the acreage; that is, the entire site acreage is used in calculating residential density, though a portion of the site is used for a water-dependent, water-related use (marina). The FLUE is silent to this issue. Base density = Traffic Congestion Area = Conversion of Commercial = Total Maximum Density = 4 dwelling units per acre -1 dwelling unit per acre +16 dwelling units per acre 19, however, 16 dwelling units per acre is the maximum density permitted by the Density Rating System The Urban-Mixed Use District sets forth any water-dependant and/or water- related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policyl 1.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) b) c) d) Presently developed sites; Sites where water-dependant or water-related uses have been previously established; Sites where shoreline improvements are in place; Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized. The subject site is presently developed with a marina, a water-dependent and water-related use. Based upon the above analysis, Staff concludes the proposed use and density for the site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Elerr Growth Management Plan states "All canals, rivers, and flow ways into estuaries shall meet all applicable federal, state, or local w; __ ~'ali ty ~ \ ter DEC 0 2 2003. £AC Meeting standards. This project is consistent with the objectives of policy 2.2.2 in that it attempts to enhance the quality and quantity of water leaving the site by the collection of surface water runoff in concrete drainage structures, transportation of the flow in a subsurface conveyance system, and directing the runoff to above ground dry detention in four detention areas and drainage_swales. A 25-year storm will discharge through the water management system and not directly to the marina from the uplands. The project is consistent with Policy 6.1.4 in that an invasive exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document. The requirement in Policy 6.1.7 to provide an Environmental Impact Statement has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Per the PUD document, agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. The SFWMD FLUCCS identifies Code 540 (Bay) onsite as "other surface waters" and COE identifies "Waters of the U.S." The proposed marina is for 52 slips. Policy 6.3.1 requires the amount of permitted wet slips for marinas be no more than 18 boat slips per 100 feet of shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds for construction. The existing shoreline is 326 feet, which would allow 58 slips; the applicant is proposing only 52 slips, in accordance with the policy. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement. In accordance with Policy 7.1.2, wildlife habitat management plans have been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on Jew commercial and industrial development, construction of multi-story bulldin~.or 1 ! DEC 0 2 2003 EAC Meeting high-density housing developments, construction of roads that increase access to nest sites, and use ofchemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a multi-story residential-tower.. Consistent with this policy, the bald eagle management plan for the project provides the appropriate restrictions on building height and prohibits construction during nesting season. Policy 7.1.2(3), states, "The County shall consider and utilize recommendations and letters of technical assistance from the FFWCC and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." The USFWS is working on a biological opinion that is expected to be completed sometime in October. The FFWCC does not typically provide technical assistance once a Section 7 consultation (Incidental Take permit application) has been started. If at such time that the USFWS provides their written biological opinion and their recommendation allows for the multi-story building within the secondary zone and/or allows construction during the nesting season, the eagle management plan will be consistent with the GMP. The project is consistent with Policy 7.1.4 in that applicable federal and state permits regarding protected species will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document. Per Policy 7.2.1, the marina siting criteria was used to determine the appropriate number of docks allowed in order to direct increased boat traffic away from sensitive manatee habitats. Policy 10.1.1 sets priorities for water-dependant uses in order to protect shorelines where activities will damage or destroy coastal resources. The proposed private marina use falls in the middle of the priorities list. However, the shoreline along the property has already been impacted. Similarly, Policy 10.1.3 lists priorities for water-related uses: Recreational facilities, marine supply/repair facility and residential development, respectively. Consistent with the policy, the proposed plan is providing a marina, a marine supply facility as well as a residential development, the first, second and third priorities. Per Policy parking, fueling facilities designed to contain spills from on-land ar and accessibility to all public services. Per this policy, a hurrica stipulated in the PUD document. Sewage pump-out facilities wiY~ 10.1.6 regarding new marinas, the applicant has provided vehicular d in the water, , DEC 0 '2 2003 EAC Meeting Page 6. of. 9 the time of site development plan submittal. This policy also states that dry storage should be encouraged over wet storage. VI. MAJOR ISSUES: Stormwater Management: The sUbject site lies in an area referred to in the County Drainage Atlas as "Miscellaneous Coastal Basins" because it discharges directly into the Gulf. Since there are no downstream properties, water quantity (discharge) requirements are not a consideration. There are no County stormwater facilities in the vicinity of the project. Water quality retention must be accounted for in compliance with the requirements and standards of the FDEP and the SFWMD. Environmental: Site Description: The subject site is a 10.45-acre existing commercial marina. No native habitat is present. Wetlands: The subject site contains 0.43 acres of open water, the shoreline composed of sea wall and boat ramps. The submerged bottom of the bay is composed of soft sediment lacking sea grasses within or immediately adjacent to the project boundary. The applicant proposes to excavate a 3.65-acre marina basin and establish a 1,772 linear foot vertical retaining wall for a reconfiguration of the existing 52-slip marina. Preservation Requirements: There is no preservation requirement for the subject property, however the applicant is proposing to enhance the reconfigured marina basin for flushing by planting the terminal ends of the bay with 0.82 acres of mangroves. EAC Meeting Page 7 of 9 Listed Species: The project site is developed and does not contain listed species. The West Indian Manatee may occur within waters near the project site. The majority of the site is located within the secondary protection zone of bald eagle nest CO-019. This nest is located approximately 830 feet northwest of the project site occupied by a pair of eagles that have successfully fledged two young during each of the last four consecutive nesting seasons. Vii. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUDZ-2002-AR-3158, "Coconilla" with the following stipulations: Stormwater Management: 1. A Surface Water Management Permit or an Environmental Resource Permit must be obtained from SFWMD for this site. SFWMD may defer to FDEP because of the location. Environmental: The bald eagle management plan shall be amended to include the following language: "Construction in the secondary protection zone shall be prohibited during nesting season, unless written authorization is provided by the USFWS." 2. Add the following language to Section 6.9 of the PUD document: "Construction within the bald eagle secondary protection zone shall be limited to a maximum height, not to exceed the height of eagle nest CO- Ol 9. However, any construction greater than the height of the nest shall require written approval from the USFWS and that shall become the maximum building height allowed." b. "Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Council or any successor body." The bald eagle management plan shall be added as an exhibit in the PUD document. DEC 0 2 2003 EAC Meeting ................. ~_ag_e _8 of_9, PREPARED BY: ' E STAN CHRZANOWSK~P. · ENGINEERING SERVICES MANAGER DATE ENGINEER SENIOR DATE KlM HADLEY ENVIRONMENTAL SPECIALIST DATE DATE DEC 0 2 20~3 EAC Meeting Page_.~_9~[9 REVIEWED BY: BARBARA S. BURGESON ~ PRINCIPAL ENVIRONMENTAL SPECIALIST DATE ~YL[I-AM D. LORENZ, ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE MARGA ,P~ T WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: J~K. SCH~ViI~cr ' qO~IMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ~pMINISTRATOR h -2.o DATE C; SUSAN MURRAY, AICP CURRENT PLANNING MANAGER ~?,~noA rrl~ DEC 0 2 2003 Division of Corporations Page 1 of 2 Florida Profit WIGGINS PASS MARINA CO., INC. PRINCIPAL ADDRESS % GENE M PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed 03/17/1999 MAIt.ING ADDRESS % GENE M PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed '03/17/1999 Document Number FEI Number Date Filed 400685 132719454 05/08/1972 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date NAME CHANGE 02/25/1986 NONE AMENDMENT Registered Agent Name & Address TALFORD, RICHARD 8889 PELICAN BAY BLVD, SUITE 401 NAPLES FL 34108 il Addre~Change~l:01~9~000 Officer/Director Detail I Name&Address II Title I TALFORD, RICHARD $. C/O GENE M. PRANZO, 230 PARK AVE 26TH FL DVP NEW YORK NY 10169 DEC 0 2 2003 .../cordet.exe?al =DETFH_,&n 1 =400685&n2=NAMFWD&n3=0002&n4=N&r 1 =&r2=&r3=&rq8/14/2003 Division of Corporations Page 2 of 2 T~RD, DORIS K. . C/O Glare M. PRANZ~, 2.30 PARK AVE 26TH FL DP NEW YORK NY 1016~ PRANZO, GENE M. 23O PARK AVE 26TH FLOOR DS NEW YORK NY 1016~ POTTER, CAROL C/O GENE M. PRANZO, 230 PARK AVE 26TH FL T NEW yORK NY 1016V Annual Reports IiRep°rtYenr .. Filed Date=oo~~~-~ ,I ,I II o~,mooa m~n~ omoo, il View Events View Name History Document Images Listed below are the images available for this f'fling. [12/11/2003 - COR - ANN REP/UNIFORM BUS REP )2/12/2002 - ANN REP/UNIFORM BUS REP )2/02/2001 - ANN REP/UNIFORM BUS REP 01/29/2000 - ANN REP/UNIFORM BUS REP )3/17/1999 - ANNUAL REPORT 3/16/1998 - ANNUAL REPORT 03/I 1/~997 - ANNUAL REPORT 02/28/1996 - 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QIJESTION OR CONFLICT DEC 0 2 2003. n. 3q .../cordet.exe?al=DETFIL&nl=400685&n2=NAMFWD&n3--OOO2&n4=N&rl=&r2=&r3=&r 8/14/2003 Division ot'UorporaUons Page 1 of 2 Foreign Profit TREE PLATEAU CO. INC. PRINCIPAL ADDRESS C/0 GENE M. PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed 03/17/1999 MAII.ING ADDRESS C/0 GENE M. PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed 03/17/1999 Document Number FEI Number Date Filed 816667 135668757 01/30/1963 State Status Effective Date DE ACTIVE NONE Registered Agent Name & Address UI',UTED STATES CORPORATION COMPANY 1201 HAYS STREET SUITE 105 TAJ..LAI-IA. SS~'m~ FL 32301 Nnme Chnng~l: 02/21/1994 Addr~s Changent: 02/21/! 994 Officer/Director Detail Name & Address Title TALFORD, RICHARD S. C/O GENE M. PRANZO, 230 PARK AVE 26'rH FL DVP NEW YORK NY 10169 PRANZO, GENE M 230 PARK AVE 26TH FLOOR DS NEW YORK NY 10169 DEC 0 2 2003 .. deordet.exe?al =DETFIL&n 1 =816667&n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=&r3=&rZ8/14/2003 Division of Corporations Page 2 of 2 POTTER, CAROL C/O (3KNE M. PRAHZO, 230 PARK AVE 26TH FL AT lt'W ¥ORIINY 10169 ' TAI,FORD, DORIS ii C/O GENE M. PRANZO, 230 PARK AVE 26TH FL DP NE YORK NY !01~ Annual Reports Ii Rep°rtYear ][ lriledDate~oo,:oo::oo, Il II I! o~o~oo, o~,,n~ o~ il No Events No Name History Information Document Images Listed below are the images available for this filing. 02/11/2003 - COR - ANN REPA)NIFORM BUS REP 02/12/2002 - ANlq REPFLrNIFORM BUS REP 02/02/2001 - ANN REP/UNIFORM BUS REP 01/29/'2000 - ANN REP/UNIFORM BUS REP 03/17/1999 - ANNUAL REPORT 03/16/1998 - ANNUAL REPORT 03/11/1997 - ANNUAL REPORT 02/28/1996 - 1996 ANNUAL REPORT TI-IlS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT DEC022003 .,. .../cordet.exe?al =DETFIL&n 1 =816667&n2=NAMFWD&n3=OOOO&n4=N&rl=&r2=&r3=&r 8/14/2003 Division of Corporations Page 1 of 2 Florida Limited Partnership ECOVENTURE WIGGINS PASS, LTD. PRINCIPAL ADDRESS 601 BAYSHORE BLVD., SUITE 960 TAMPA FL 33606 MAII.ING ADDRESS 601 BAYSHORE BLVD., SUITE 960 TAMPA FL 33606 Document Number FEI Number Date Filed A02000000390 010647136 03/19/2002 Stat~ Status Effective Date FL ACTIVE NONE Actual Contribution 99.00 Registered Agent Name & Address WOLFE, RANDOLPH l 100 N. TAMPA ST. ST~ 2700 TAMPA FL 33602 Nnme Changed: 04721/2003 Add~ Chan~d: General Partner Detail Documenl Name & Address Number ECOVENTURE WIGGINS PASS, INC. 601 BAYSHORE BLVD., sUrFE 960 P02000030047 TAMPA FL 33606 A6[NDA ITeM DEC 0 2 2003 .../~rdetexe?a~=DETF~L&n~=A~2~39~&n2=NAMFWD&n3=~&n4=N&r~=&r2=~8/~ 4/2~3 Division of Corporations Page 2 of 2 Annual Reports Il No Events No Name History Information Document Images Listed below are the images available for this filing. [04/21/2003 - ANN REP/UNIFORM BUS REP [03/19/2002 - Domestic LP TtH$ IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT DEC 0 2 2003 · ../cordet.exe?al=DETFIL&nl=A02000000390&n2=NAMFWD&n3=0000&n4=N&rl=&r2= 8/14/2003 .. Division of Corporations Page 1 of 2 Florida Profit ECOVENTURE WIGGINS PASS, INC. PRINCIPAL ADDRESS 601 BAYSHORE BOULEVARD SUITE 960 TAMPA FL 33606 MAmINO ADDRESS 601 BAYSHORE BOULEVARD SUITE 960 TAMPA FL 33606 Document Number P02000030047 State FL FEI Number 043628401 Status ACTIVE Date Filed 03/19/2002 Effective Date NONE Registered Agent Name & Address WOLFE, RANDOLPH J I O0 N TAMPA ST, SUITE 2700 TAMPA FL 33602 N~rn¢ Ch~ng~l: 05/1312003 Addn~ Changed: 05/I 3/2003 Officer/Director Detail Name & Address [I Title OELSCHLAF. GER, EDWARD R 601 BAYSHORE BOULEVARD//960 D TAMPA FL 33606 OELSCHLAEGER, CHRISTOPHER E 601 BAYSHORE BOULEVARD #960 D TAMPA FL 33606 DEC 0 2 2003 .../cordet.exe?al =DETFIL&n 1 =P02000030047&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=38/14/2003 Division of Corporations Page 2 of 2 Annual Reports Report Year~ooz l[ 1' Filed Date 0s,,~2oo~ No Events No Name History Information Document Images Listed below are the images available for this filing. 1105/13/200~ - ANN REp/[YNIFORM BUS REP [03/19/2002 - Domestic Profit II THIS IS NOT OFFICIAL RECORD; SEE DOCUME~S IF QUESTION OR CONFLICT DEC 0 2 2003. · -'/c°rdet-exe?al =DETFIL&n 1 =P02000030047&n2=NAMFWD&n3=0000&n4--N&r 1 =&r2= 8/14/2003 Folio No.1 00155960008 Current Ownership Property Address~ 13635 VANDERBILT DR Owner NameJ WIGGINS PASS MARINA CO INC Addressesl 1020 CROSSPOINTE DR STE 106 CityI NAPLES .? I LegalI 17 48 25 SEll4 OF SEll4 OF StateI FL ZipI 34110 - 0918 NEll4, LESS Section I Township II Range 17 48 II 26 Sub No. 100 ~ Use 20 Acre~ I Map No. 0.03 I 3A17 IMPROVED COMMERCIAL MillaQe Area 143 Strap No. I ,482517 002.0003A171 MIIlaee 13.2998 2003 Preliminary Tax Roll Values (Subject to change) Land Value (+) Improved Value (=) Market Value (-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value (=) Taxable Value $ 8,520,818.00 $1,330,914.00 $ g,851,732.00 $ 0.00 $ 9,851,732.00 $ 0.00 $ 9,851,732.00 Latest Sales History SOH = 'Save Our Homes" exempt value due to cap on assessment increases. Date I eook- Pa~, 02/~9~4 I1914-802 08/1993 ~1856- 2236 Amount $ 0.00 $ 2,000.00 The Information is Updated Weekly. http://www.collierappraiser, com/RecordDetaJl.asp ?FoliolD=O00000015 5 960008 8/14/2003 uDZ.02-/~K-3155 t'rojeCt #20029'/0024 Date: 1013102 Fred Reischl APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Received: Planner Assigned: Commission District: General Information: Name of Applicant(s): ABOVE TO BE COMPLEI~L) BY STAFF EcoVenture Wiggins Pass, Ltd. Applicant's Mailing Address: 601 Bayshore Boulevard, Suite 960 City:. Tampa State: FL Zip: 33606 Applicant's Telephone #: (813) 251-4868 Ext. 302 Fax #: (813) 254-5629 Applicant's E-Mail Address: ero _(~,ecogroupinc.com Name of Agent gl: Robert J. Mulhere, AICP Firm: RWA Consulting, InC. Agent's Mailing Address: 3050 North Horseshoe Drive, Suite 270 City:. Naples State: FL Zip: .34104 Agent's Telephone #: (239) 649-1509 Fax #: (239) 649-7056 Agent's E-Mail Address; qm~consult-rwa, com Name of Agent//2: Richard D. Yovanovick, .Esquire Finn: Goodlette, Coleman & Johnson, Agent's Mailing Address: 4001 Tamiami Trail North, Suite 300 City:. Naples Agent's Telephone #: State: FL (239) 435-3535 ext 256 Zip: 34103 Fax #: (239) 435-1218 Agent's E-Mail Address: ryovanovich@~cjlaw.com ~/23/2002APPLICATION FOR PUBI~I~ B~AR~ FOR PUD RE-7_,ONlg DEC 0 2 2003. .i COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICF.,S/CIYRRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petitiOn. (Provide additional sheets if necessary) Name of Homeowner Association: Not Applicable Mailing-Address Name of Master Association: City State Pelican Isle Yacht Club Master Association C/o Warner Corporation Mailing Address _886 110th Avenue North, Suite 7 City Naples State FL Name of Civic Association: North Bay Civic Association Mailing Address: P.O. Box 770273 City: Naples State: FL Zip: 34107-0273 Name of Civic Association: Property Owners Association of North Naples Mailing Address: 141 West Avenue City:. Naples State: FL Zip: 34108 Name of Civic Association: Vanderbilt Beach and Bay Association Mailing Address: 9326 Gulfshore Drive City: Naples state: FL Zip: 34108 Name of Civic Association: Vanderbilt Beach Property Owners Association City:. Naples State: FL Zip: 34108 City:__ State:~ Zip:. Mailing Address: 450 Tradewinds Ave, Name of Civic Association: Mailing Address: Zip 34108 ~/'}3/2002APPLIC,ATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 0 2 2003. Disclosure of Interest Information:' If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or jobar tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percemage of Ownerslfip If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Wiggins Pass Marina Co., Inc. is owned 100% by:. Tree Plateau Co., Inc., a Delaware Corporation 1020 Crosspointe Drive, Suite 106, Naples, FL 34110-0918. Name and Address, and Office Tree Plateau Co., Inc Percentage of Stock 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, lis~ the name of the general and/or limited partners. Name and Address ~/7.3/2002/kPPL]CATIQN FOR PUBLIC HEARING FOR PUD RE~ZZ)NE Percemage of Ownersh/ DEC 0 2 2003'. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includl/~g the officers, stockholders, beneficiaries, or partners. Contract EcoVentwe Wig,~ns Pass, Ltd. 601 Bayshore I~oulevard, Suite 960 Tampa, FL 33606 Name(s) of Contract Purchaser Corporate O~c~ & Stock Holders General Partners Edward IL Oelschlaeger Linda A. Oelschlaeger Christopher E. 0elschlacger Total Percentage of Ownerslxip 1.oo % 51.11% 31.66 % 16.23% 100°,4 Date of Contract: 02/26/2002 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, PetitiOner has option to buy, indicate, date of option:, and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the respons~ility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. ~/23~002APPLICATION FOR PUBLIC I~gARIHG FOR PUD RE-~ONE DEC 0 2 2003. '4. Detailed legal description of the property, covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include 'separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an en~neefs certification or sealed survey may be requ/red. Section: 17_ Township: 48 Range: 25 Lot: N/A Block: N/A Subdivision: N/A Plat Book: N/A Page #: N/A Property Folio I.D.#: 00155960008 Metes & Bounds Description: See Attachment Exahibit "B" Size of,ropertw.: +/- 660 ft. X +/- 700 ft. = Total Sq. Ft. +/- 460000 Acres 10.45 Address/general location of subject property.: 13635 Vanderbilt Drive The subiect property_ is located on Vanderbilt Drive, at the western terminus of Wig~m,'ns Pass Road. Adiacent zoning and' land use: Zoning N - PLrD S-P E - PUD W - PUD Land use Cocohatchee Bay PUD (Residential Multi-family PUD) Pelican Isle Yacht Club (Marina/Club & High-Rise Condo) Cocohatchee River County Park Cocohatchee Bay PUD (Golf Course Area) Cocohatchee Bay PUD (Residential Multi-family PUD) Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/a.. Some of the corporate officers/owners of EcoVenture Wiggins Pass, Ltd. are also Ofcers/Owners of Pelican Isle Yacht Club. However, these are different corporations, which are neither subsidiaries nor related. 9/'23t'2002APPLICATION FOR ]PIJBLIC HEARING FOR PUD RE-ZONE DEC 0 2 2003. .,,. 5-/ Rezone Request: This application is requesting a rezone from the"C-4 .zoning district(s) to the PUD zoning district(s). Present Use of the Prope~. The existing zoning is C-4. The existing uses on the property. are as follows: three boat barns with +/- 410 to 450 dry slip boat storaee soaces; a ship's store and office for operations/management; a covered pavilion; and a service buildine for repairs and maintenance. Proposed Use (or range of uses) of the property:. The proposal is to rezone the sub]ect :prooerty to a Planned Unit Development .(PUD) allowing for: 158 dwelling units in two high-rise residential'towers-with 20 floors of residential units~ one floor of amenities and one floor of parldng; and a marina basin containing 44 wet slips. The existing fuel facilities and fuel docks will be upgraded and will remain available for use by the public boating community.. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County I_and Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners. shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Profect Narrative: The proposal is to rezone the subject property to a Planned Unit Development (PUD) allowing for: 158 dwelling units in two high-rise residential towers with 20floors of residential units, one floor of amenities and one.floor of parking; and a marina basin containing 44 wet slips. The existing fuel facilities and fuel docks will be upgraded and Will remain available for use by the public boating community. The existing zoning is C-4. The existing uses on the property are as follows: three boat barns with +/- 410 to 450 dry slip boat storage spaces; a ship's store and o. ffice for operations/management; a covered pavilion and a service building for repairs and maintenance. Standard Rezone Considerations (ZDC Section 2. Z2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The requested use is fully consistent with the goals, objectives and polices (GOPS) and the Future Land Use Element (FLUE) and Future Land Use Map (I~UM) of the GroWth Management Plan (GMP). height) restaurants, retail shops, and offices, independent from a marina operation. FLUE & FLUM: The property is zoned C-4 and developed with a commercial use. Moreover, the property may, in the future, be converted, and administratively approved, to. any use. permitted in the C-4 district, including a hotel (to 75 feet in either in conjunc :A_ ~A~O~ 9f23/2002APPLICATION FOR PUBLI~ HEARING FOR PUD RF_,-7_,ONE DEC 0 2 2003 This zoning is 'in place although the property is not consistent with the location provisions for commercial uses set forth in the FLUE. The property was determined to be "vested" improved Property under the Provisions of the Zoning Reevaluation Ordinance after the adoption of the 1989 GMP. The subject property is designated "Urban" on the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE). The property falls within the Urban Residential Subdistrict The Density Rating system set forth in the FLUE allows for a conversion from existing zoned commercial to residential at a density of up to sixteen (16) units per acre for property that, as indicted above, is vested for commercial uses but does not comply with the location criteria for commercial uses set forth in the FLUE (Conversion of Commercial Zoning Policy). Transportation: The project .is consistent with the GOPS set forth in the Transportation Element. The trips generated by the proposed project will be consistent with the trips generated from the current commercial uses on the property and significantly lower than the trips that would be generated from a reasonable conversion of the use to other uses permitted within the C-4 District. The traffic generated by the proposed use will not cause the levels of service on the adja. cent Vanderbilt Drive and nearby Wiggins Pass Road to become deficient. Please refer to the Traffic Impact Statement and Analysis prepared by David Plummet & Associates. Potable Water and Sanitary Sewer Sub-Elements: The Project will be served by Collier COunty Utilities and will be designed in accordance with County and State requirements. The project is consistent with all provisions of the above Sub- Elements. Recreation & Open Space: During the Pre,submittal public meeting, as a result of concerns over the loss of the dry-storage boat slips, Objective 1.3. Policy 1.3.2 was cited as favoring the retention of the existing use. Objective 1.3 'States: Continue to ensure that all public developed recreational facilities, open space, beaches, shorelines and public water bodies are accessible to the ~eneral publia Policy 1.3.2 reads: Continue to ensure that access to beaches, shores and waterways remain available to the public and develop a program to [increase] the availabiliO, of such access and a method to fund its acquisition. With respect to the above Objective and Policy, the first question is, what is meant by "public developed?" The existing Wiggins Pass Marina property is privately owned and was privately developed. The property became available for purchase and, under certain conditions, could have been acquired by the County or some other public entity. 'This is really more a question of free market enterprise. Given the market value of this land, it is extremely unlikely that any buyer will acquire the parcel and continue the dry storage marina operations long term- Under the existing zoning, given the waterfront location, the most likely use that wi property is a combination of hotel, restaurants, marina, retail and o ~/23/2002APPLICATION FOR PUBLI(~ ~,~G ]FOR PUD RF.-Z,Q~K DEC 0 2 2003. right" scenario will have significantly greater impacts in terms of traffic, noise, and utilization than would the proposed residential development. If, in accordance with Objective 1.3 and Policy 13.2, increased public access to the water for boaters is to occur in some manner other than by the free market system, it will be necessary for the local, state or federal government to acquire upland parcels on the water to provide increased access. .Objective 1.4 reads: Continue formal mechanism to improve and ~oordinafte efforts among .levels of government and the private sector in order to provide recreational opportunities. Policy 1.4.1 reads: Maintain .and improve the existing system, which encourages developers to t~rovide recreation sites and/or facilities, which are consistent with park and recreation guidelines. The applicant has met with Collier County Public Services and Parks and Recreation senior management to ~xplore oppo~-tunifies to potentially co-utilize portions of the subject site immediately adjacent to the Cocohatchee River Park in order to enhance recreational boating opportunities at the park. Additional meetings are anticipated. 2. The existing land use pattern. The land uses within this area and on the adjacent lands are similar and compatible to the uses that are proposed within this PUl), and the area is generally developed with waterfront high-rise multi-family structures. A number of additional high-rise multi-family structures have been approved and will soon be developed on-the adjacent Cocohatchee Bay PUD, a golf course will occupy, lands directly east of the subject property, and the County Park occupies lands to the south. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject property is immediately adjacent to and compatible with the Cocohatchee Bay PUD zoning to the north, west and east across Vanderbilt Drive. This PUD allows high-rise residential development adjacent to the subject property and goff course development t° the east across Vanderbflt Drive. The County Park and the Pelican Isle Yacht Club Marina and Residential Towers are located to the south of the subject property. It is obvious that the requested PUD zoning to allow for residential high-rise and marina development does not result in an isolated zoning district which is unrelated to adjacent and nearby districts. This cannot be considered 'strip zoning." 4. ~. ether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The existing district boundaries are not illogically drawn. The proposed rezone encompasses the entire parcel that is currently zoned C-4. ~/Z~a002A~'LICAT~ON FOR FUSLIC HEAP.~G FOR l'VO RE-ZO~E 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Changing conditions drive this rezone request This is a parcel that has been placed on the market. It will be redeveloped in one form or another. The applicant, the contract purchaser, wishes to develop the site with a use that is fully consistent with the County's Comprehensive plan (as opposed to the existing and potential commercial use of the property which is not compliant with the locational criteria for commercial uses set forth in the FLUE). While the prOPerty can certainly be re- developed with commercial uses Permitted under the C-4 zoning district, the proposed residential use is far more compatible with the surrounding land uses ~i~hich are also predominantly high-rise residential) and will result in significantly lower traffic impact on the adjacent and nearby road systenx 6. Whether the proposed change ~will adversely influence living conditions in the neighborhood~ As stated throughout this narrative in response to many of the criteria established for consideration of a rezone application, given the surrounding land uses and prevailing development pattern, the proposed 158 unit two building high-rise development with a 44 slip marina will not adversely impact or influence living conditionings in the area. Rather, when compared with other potential uses of the property permitted under the present C-4 zoning, the proposed residential development will have significantly lesser impacts, especially related to the number of vehicular trips that will be generated to and from the property. 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 fhases of the development, or otherwise affect public safety. As stated under the response to Criteria 1 above, the project is consistent with the GOPs set forth in the Transporta~on Element The trips generated by the proposed project will be consistent with the trips generated from the current commercial uses on the property and significantly lower than the trips that would be generated from a reasonable conversion of the use to other uses permitted within the C-4 District The traffic generated by the proposed use will not cause the levels of service on the adjacent Vanderbilt Drive and nearby Wiggins Pass Road to become deficient Please refer to the Traffic Impact Statement and Analysis prepared by David Plummer & Associates for specific projections, including those related to peak hour traffic volumes. Both Vanderbilt Drive and Wiggins Pass Road presently operate at an acceptable Level of Services (LOS) and will continue to operate at an acceptable LOS throughout and after the project development. The current Collier County Annual Update and Inventory Report (AUIR) indicates that Vanderbilt Drive operates at LOS "B" and Wiggins Pass Operates at LOS "C." 9/23/2002APPLICATION FOR PUBLIC HEARI?qG FOR PUD RE-ZONE DEC 0 2 2003. ,,<',5" 8. Whether the proposed change will create a drainage problem. The project will be designed in full compliance with South Florida Water Management District requirements and will not create drainage problems. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed residential towers have been located on the site so as to minimi~.e any potential fight blockage on adjacent and nearby residential uses. As to air flow, these buildings will meet or exceed required'separation and setbacks in order to ensure that there is sufficient opportunity for air to move around and between these proposed structures. There are numerous high-rise buildings approved and constructed in this area that have been developed in such a manner so as to ensure air flow and minimize light or sun blockage. Since these high-rise structures are very desirable as places to live indicates that these efforts have been very successful 10. Whether the proposed change will seriously affect property values in the adjacent area. The proposed development will not have the affect of reducing property values and, if the impacts of other similar projects on adjacent and nearby property values is any indication, the project will enhance property values in the area. 11. Whether the proposed change will be a deterrent to the improvement'or development of adjacent property in accordance with existing regulations. '-'eThe proposed rezone and development will in no way be a deterrent to the development on or improvement of adjacent property. The adjacent property has, for the most part, either been recently granted zoning approval to develop in a manner consistent with what is proposed for the subject property, been developed with compatible uses, or will be developed with a goff course (i.e., to the east). The basic premise underlying the zoning development standards, in the Collier County Land Development Code, which the PUD document, if approved, will become a part of, is that their application through the applicable review and approval processes gives reasonable assurance that a change in zoning will not deter improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual o~vner as contrasted with the public welfare. No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements, as well as GMP and LDC provisions, support zoning actions when they are consistent with the applicable GOPs in the GMP. In light of this fact, the proposed .zoning change does not constitute a grant of special privilege. Consistency ,vith the Future Land Use Element of said Plan is further determined to be a public weffare relationship because actions consistent with the Plan are in the public interest. 9/23/2002APPLICATION FOR PUBLIC I:[EARING FOR PUD RE-ZONE DEC 0 2 2003 pg. ,.~"~:~ 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There are no substantial reasons why the property cannot be used in accordance with its present zoning. More importantly however, is whether or not development of the site is in accordance with existing zoning most appropriate and most consistent with the provisions of the Future Land Use Element of the GM2P. In this case the answer is no since the subject property does not comply with the locational requirements set forth in the FLUE for commercial development. This is why the plan allows for a conversion of such zoning to a more consistent residential use and at a bonus density of up to 16 units per acre in order to encourage such conversions. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the ' cotlnty. The request to rezone this property to a residential and marina use is not out of scale with the neighborhood, The building heights and density requested are consistent with the height and density permitted on adjacent and nearby properties. With the project's water frontage, the water-dependent marina use is favored by the Comprehensive Plan 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permim'ng such use. There are few available sites vHth water frontage that are zoned to accommodate the proposed development. Given the advent of the State's growth management legislation and the County's Adoption of .the GMP consistent with that legislation, these criteria are no longer a viable determining factor when evaluating the appropriateness of a rezoning decision. This is because land that falls within the Urban Designation and which is otherwise consistent with applicable provisions of the GMP is intended to be developed to allow for such consistent uses and may be rezoned to accomplish this. 16. The physical characteristics of thc 7rcFerty and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining development plan approvals that will further define the PUD. Obviously, to accommodate the boat slips, a portion of the upland area will need to be excavated to create the marina basin. 17. The impact of development on the availabdity of adequate public facilities and services consistent with the levels of serVt'ce adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate _Public Facilities Ordinance [Code ch. 106, art. Ji~J, as amended. The County's Capital Improvement Element of the Growth Manage~ well as the provisions set forth in LDC (Adequate Public Facilities 9f23/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 0 2 2003 address the adequacy of public services and levels of service needed to be consistent with the Growth Management Plan relationships. The proposed project is consistent with these provisions. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined. PUD Regone Considerations (I. DC Section 2. 7.3. Z5) 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. The proposed PUD's consistency with the locational criteria set forth on the FLUE and supporting Future Land Use Map, of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions a~d commitments contained in the proposed PUD document, provides assurance that all infrastructure will be developed consistent with County and/or State regulations. o 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 main .~ance of suctt:,areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall .be made only after consultation with the county attorney. The documents submitted with this Petition Application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the PUD Document, as well as the in depth response Provided above under Standard Rezone Considerations (LDC Section 2.7.2.5) reSponse # 1. 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. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space and separation (e.g., setbacks). Additionally, compatibility is addressed above under Start iara A~~ Considerations (LDC Section 2.7.2.5) responses # 2, 3, 4, 6, 7, 8, 9, 0, 1~ and 12. ~"] 9/23,~002APPLICATION FOR PUBLIC H~EA.R~G FOR PUD RE~ZONF, D[C 0 2 2003 6. Additionally, external relationships are regulated by the Land Development Code to ensure harmonious relationships between adjacent and nearby 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 proposed project meets or exceeds the requirements of the LDC. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting of the proposed development must coincide with the programming of any County proposed capital improvements in order to meet concurrency requirements. The project's traffic impacts will not impact the LOS on adjacent roads to the degree that such roads will fall below adopted levels of service. Adequate public facilities, including utilities such as potable water and sanitary sewer, are available to serve the project concurrent with the projected development timing. Z The ability of the subjectproperty and of surrounding areas to accommodate expansion. Keeping in mind that this project proposes the redevelopment of an existing developed site, this criterion is not of substantial significance. Nevertheless, ability, as applied in this context, ,.'mplies supporting infrastructure, such as wastewater disposal system, potable water supplies, cha~.cteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructures are available, or will be in place by the time permitting of the proposed improvements is complete. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal applicat~'on of such regulation& The development standards in the proposed PUD document are similar to those standards used for the residential structures, recreational facilities, and related improvements when compared to County regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many. communities have adopted such restrictions. You may wish to contact the civ/c or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 9/23~002APPLICATION FOR PUBLIC EEEARING FOR PUD RE-ZON]~ DEC 0 2 2003. 10. Previous land use petitions on the subiect property.: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? There have been no Public Hearings on this property in the past year. I1. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; bo If this rezone is being requested for a specific use, provide twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the-., plan may be:' requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Council (EAC)~ or CCPC]; · ail existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all ex/sting and/or proposed parking and loading areas [include matrix indicating required and provided 'king and loading, including required parking for the disabled], · required yards, open space and preserve areas, proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaphag and buffering as may be required by the County, c. A~ "~ ~,,.ctural rendering of anY proposed structures. d. An Environmental Impact Statement (ELS), as required by Section 3:8. of the Land Development Code (I_DC), or a request for waiver if appropriate. eo Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. calculation of the acreage (or square feet) of native vegetation on s' a calculation and location(s) of the required portion of native v preserved (per LDC Section 3.9.5.5.4.). 9f23~002APPLICATION FOR PUBLIC HEARING FOR PUD RE~Z, ONE~ Additionally, a DEC 0'2 2003 f. Statement ofut/lity provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A.historical and archeological survey or waiver application if property is located within an area of historical or archaeolog/cal probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during, the pre-application meeting including but n~ limited to any required state or federal perm/ts. j. An electronic version of the PUD on a disk as part of this submittal package. 9/23F2002APPLICATION FOR PUBLIC IIEARING FOR PUD RE-ZONE DEC 0 2 2003 AFlVlDAVIT owners/~f~trac_t pu~-~has~rs~'of the p~perty described herein and which is the subject matter of the trropos,. hearing;-that all the answers to the questions in this application, including the disclom, tre of intere~. inforrnatior~ all sketche~, data, and other supplementary matter attached to and made a part of thi~ application, are honest and true to the be,vt of Our knowledge and belie~. We/I understand that the information requested on thix application must be complete and accurate and that the content of thi~ form, whether comtrater generated or County printed shall not be altered t'ublic hearings will not be advertised until this crpplictrti°n is deemed complete, and all required information ha, been submitted As property owner We/I further authorize Robert J. Mulhere, AICP,. R WA Consultants [nc. and Richard D. Yovanovich, Esquire, Goodlette, Coleman & Johnson, PA to act as our/my representative in any matters regarding this Petition. ~ignature: ffFoperty Owner/C~ontract Purchaser Signature: Property Owner/Contract Purcha~gr Type/Printed Name of Owner C4>~tract Purchaxer Typed/Printed Name of Owner~Contract Purchaxer · 7'he foregoing instrument was acknowledged before me this__ ,~- day of ~bJ~b ~. ~C 6'ed4C,q~r-gwho is~ersonalty known to m~or hasProduced as idenaficatior~ ,200d~- , by State of Florida County of -C-rrt~r Mtt., atO~a~uc.~t (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Publ!c) DEC 0 2 2003. ,,,.. 6,8, STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: EcoVenture Wi~.~ns Pass, MAILING ADDRESS: 601 Bayshor¢ Boulevard, Suite 960 CITY: Tampa STATE: Florida ZIP: 33606 ADDRESS OF SUBJECT PROPERTY: 13635 Vanderbilt Drive, Naples, Flor/da LEGAL DESCRIPTION: Section: 17 Township: 48 Range: 25 Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: 00155960008 Metes & Bounds Description: See Attachment, Exhibit "A". TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM [~ b. CITY UTILITY SYSTEM [--] c. FRANCHISED UTILITY SYSTEM [-'] PROVIDE NAME d. PACKAGE TREATMENT PLANT [-] (GPD capacity) e. SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 363 (158 units x 2.3 residents per unit) 8. PE.4~x~ AND AVERAGE DAHJY DEMANDS: A. WATER-PEAK: 68.58 GPM AVERAGE DAILY: 39,500 B. SEWER-PEAK: 54.86 GPM AVERAGE DAHJY: 79~000 9/23/2002APPLICATION FOR PUBLIC HEAR~G FOR PUD RE-ZONE 7'P tEC O 2 2003 10. 11. 12. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE ~ DATE SERVICE IS EXPECTED TO BE REQUIRED: February 2004. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional en~neer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier CoUnty Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable CoUnty ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the CoUnty. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEI~IENT OF AVAILABII, YI~ CAPACITY FROM OTWE, R PRQ, ~VIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be ovided. Utility Provision Statement ILIM 10/17/97 9/23/2002APPLICATION FOR PUBLIC I:tEARING FOR PUD RE-ZONE DEC 0 2 2003 PUD REZONE APPLICATION SUBMITTAL CItECKI,IST THIS COMPLETED CH~IST IS. TO. BE SUBMITrED WITIt APPLICATION PA~T! REQUIREMENT$ # or NOT co?ms REQUIRED REQUIRED_ 1. Completed Application 20* X 2. Copy of Deed(s) ~d Hst iden~g O~e~s) ~d ~ 2' X P~ers ff a Co~orafion 3. Completed O~er/Agent Affida~ No~d 2' X 4. Pr~appHm~on not~u~ 20* X 5. Concepm~ si~ Pl~s 20* X 6. ~'~ ...... ~ r .... · ~, .... , ~,m orWaiver 4 X Rean~t 7. Aed~ Photograph - (~ habitat are~ iden~ed) 5' X 8. Completed U~ Pro, ions Statement (~th requ~ 4 X a~chmen~ and sketch~) .: 9. Tr~c ~p~ S~tement- ~S) 4 -X 10. ~istoric~ & ~chaeolo~c~ ~ or WMver 4 X ,. App~cafion 11. Copi~ of S~te an~or Feder~ Per~ 4 X 12. ~chite~r~ Rende~g ofPr0posed Smcmre(s) 4 X (ffWe have sub,t) ~ 13. Pr~ppHca~on Feb Application Fee ~ Da~ - X Convemion Fee Check sh~ be made payable to Co~er Coun~ Board of Co~ssioners.. 14. ~ elec~onic version of the P~ on a ~k as pa~ of X : the sub~l packeL 15. P~LIC P~~ATION ~ET~G: X ~PLICA~ON S~~~: Copy of ~da~t a~es~g that aH prope~ o~ers, cite associa~ons and prope~ o~er associations were no~e~ Copy of au~o/~deo record~g of public mee~g. Wri~en account of mee~g. 16. ~ordable Hous~g Densi~ Bonus Agreement 4 X ~clud~g ~ Appendices and E~ibi~. 17. O~R ~Q~~S: N/A 9/19/2002AP?LICATION FOR PUBLIC HEARING FOR PUD RF~ZOhrlg * Documents required for Long-Range Planning Review *1 additional copy fi for affordable homing As the authorized agent/appl/cant for this petition, I attest that all of the information indicated on this checkl~ i~ inclucl~l in this submittal package. I understand that faflare to include alt necessary sub~ informafirm may remit in the rt~l? this petition. processing No._ Ol~ 03/19/03 15:1I ~ 002 ~r zr'u~ $:4~ No.O0~ P.02 AFFIANT ~AY~ NOT. STATI{ OF YLOP. IDA COLrNTY OF CO_I.~ ~ ~=~al :No, o.~e q ~t o (~ ~q .... DEC 0 2 2003 Ak3VlDAVIT owners/~bhtract Pu~hasers~of the p/operty described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this applican'on, including the disclosure of interest information, all sketches, d~a, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner V~e/I further authorize Robert J. Mulhere, AICP, R WA Consultants Inc. and Richard D. Yovanovich, Esquire, Goodlette, Coleman & Johnson, PA. to act as our/my representative in any matters regarding this Petition. ~~rchaser Signature: Property Owner/Contract Purchaser Type/ Printed Narne of Owner C~tract Purchaser Typed/Printed Name of Owner~Contract Purchaser Theft oregoing instrument was acknowledged before me this _ .~' day of ~q. u3 /- ff. ~Agl> ~,. )g~6-a~t_4~C, ggwho is~ersonally known to me, or hasproduced ~ as identification. ,2ood- , by State of Florida County of ~c'ofi~r k/t t. t. ~t~ouc..t4 (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) DEC 0 2 2003 ^tmust 2, 2002 RWA, Inc 3050 North Hom:ah~ Dr., Suite 270 Napka, Florida 34104 To Whom It May Conce~ Please b~ advisexi that authorization is her:by g/v~n to th~ ~m of RWA, In~, to act as agent/n all actions relating to tim pea~nitfing ora rcsideatial land u.~ on the following dt:s~n'b~ lands: A PARCEL OF LAND IN ~ON 17, TOWNSI-I~ 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. DESCR.I]3ED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SO~ ¼ OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00~26'00" E 30.00' TO THE NORTHEAST CORNER OF CONI<LIN POINT, A SUBDMSION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONY&IN POINT S 89O16'10' W 530.00 FEET; ~CE I2.,AVING SAID NORTH LINE N 00~26'00'' W 30.00 FEET TO THE NORTH LINE OF THE SOU'IltEAS~ % OF SAID SECTION 17; TFIENC-"E ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ N 89°16'10, E 530.00 FEET TO THE POII'¢I' OF BEGINNING. ALSO WITH THE SE ¼ OF THE SE ¼ OF THE NE ¼ OF SECTION 17, TOWNSI-KP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOR. IDA. LESS AND EXCEFr A PORTION OF STATE ROAD 856-A. CONVEYED TO THE STATE OF FLORIDA BY DF, ED DATED NOV. 5, 1959, RECOKDED IN O.1L' BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, YL'0RIDA, BEING'MORE SPEClY'ICALLY DESCRIEED AS FOLLOWS: BEGI%FNI~G AT THE NE CORNER OF SAID SE 'A OF ~ SE ¼ OF THE NE 'A, THENCE S 00027'30, E (ASSUN~D BEAK~G)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATLrRE OF A CIRCULAR CURVE CONCAVED TO THE Ve~EST HAVING A RAD17JS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7~17'35'' A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05' W 150.41 TO THE POINT OF CURVATURE OF A CIR~ CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTI-{EKLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO TKE NORTH LINE OF SAID SE ¼ OF SE ¼ OF NE ¼; THLeNCE N 89~3'I 8" E ALONG SAID LI~E 44.95 FEET TO TI-{E POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS ~Oel~chlaeger EcoVenture Wiggins Pass, Ltd. STATE OF FLORIDA COUNTY OF C©LL~a The foregoing insmmaent was acknowledged before me this .~ day of /~tl~.l l~ 'r who o,, Uy to who ,d not = i(IOTAR"i PUBLIC .............. ~OT~¥ PUBLIC Witness my hand and seal 2002. ,2002, by Edward Oelschlaeg~r, DEC 0 2 2003 CERTIFICATE OF I'IMYFED PARTNEL~.H~~ ~ ~~ ECOVENTURE WIGGINS PASS~ .. the purpose of forming a limited tmrtncr~biP, under the hws of thc State of Florida: 1. Name of PartnerShip- The ~me of the Partnership sKql! be ECOVENTITRE WIGGINS PASS, LTl). . .... -,----~, ....:..~ Offi~- Agent for Service ofProeess. The records to be ' A/idre~ ox ~c'c~orua~'~Fm~ ~ kept pursuant to F/odda ~'utes Section 620.106 shall be located at 601 Bayshor~ Boulevard, Suite 960, Tsmpa, Florida 33606, and the name' of the Partner~h~'$ agent for service of proceas at saki address is Edward R. Oelsclflaeger. 3. Name and Business Address of the General Partner. The name and address of the ~ Partner are ns fonow~ .. Addr~ 601 th>shore Boulevard, Suite 960 Tam~ Florida 33606 ECOVENTURE WIGGINS PASS, INC.,'a Florida corporation' 4. M-sillng Address for the !,imited Partnership. Th~ mailing address for thc Limited Part~rsh~ shall be ~01 BSYSh°re Boulevard, Suite 960, Tampa, Florida. 33(~i. ~ 5. Term. The term for which the Parma~J~P is to exist sh~ll be fiRy (50) years from the filing of this ~cate in thc Office of the Secretary of State of the state of Florida, ,mless sooncr texmh~ in accorrlsnee with a L'm~ted Partner~hlp AgreemenI for ECOVENTURE WIGGINS PASS, LTD. DATED this .'day of March, 2002. ECO a Florkla cor~orafiq~ ACCFA~ANCE BY REGISTERED AGENT ~~med Limited Partnership, at the' place &~ignated herein, I hereby agree to act {n this pmvi~ons of all r~lative to the proper capadty' and I fimh~ agree t° c°raply wilh the ~~ and complete performance of my dutiesT. EDWARD R. OELS~] DEC 0 2 2003. AFFIDAVIT OF CAPITAL CONTRIBUTIONS OF ECOVENTURR WIGGINS PASg, LTl). I, EDWARD R. OELS~GEI~ being the President of ECOYEprr~KE WIGGINS PASS, INC., a Florida corporatio~ the sole General Partner of ECOVENTURE 1. The ~i~ked partn~ have conmh~ed $99.00 of capital to the Partn~h~. - 2. ~ this ting, it is amic~ that no additional contn'butions shaft be made by the limited parma's. DATED this ~ day of Mardg 2002. S^YETH NOT. ECOVENTURE WIGGINS PASS, aFlon~ ~.~ _ STATE OF FLORIDA COLrNTY OF HILLSBOROUGH The foregoing instnm~nt was acknowledged before n~ this ~ day of March, 2002, by EDWARD R. OELS~GEI~ ~being the Pr~sid~ of ECOVENTURE WIGGINS · p~ggr-Eg~_Florida corporation, tl~: sol~ ~ Partn~ of the P~, who is /~otary' _Pul~_lic_ ~ ~' ' DEC 0 2'2003 p,~. 7~) 005,238010.1 LIMITED PARTNERSRIP FOR ECOVENTURE WIGGINS PASS~ LTD. THIS AGREEIVIENT OF LIMITED PARTNERSHI~ (the "Agreement") is made and entered into effective as of the lgth day of March, 2002, by and among ECOVE~ WIGGINS PASS, INC., a Florida corporation (the "General Partner"), and EDWARD R. OELSCHLAEGER, LIN'DA A. OELSCHLAEGER and CHRISTOPH'F.R E. OELSCHLAEGER (individually referred to as a "Limited "Partner" and collectively referred to as the "Limited Partners"), with the Limited Parma's and the General Partner being collectively referred to as the "Partners." WITNESSETH: WHEREAS, the Partners desire to form a limited partnership (the '?atmership") pursuant to the provisions of Chapter 620, F/or/da Statutes; NOW, TltEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Partners, intending to be legally bound, hereby agree as follows: 1. Name of the Partnership. The name of the Partnership shall be ECOVENTURE WIGGINS PASS, LTD. 2. Character of the Business. The character of the business to be conducted by the Partnership' is to acquire certain real property located in Collier County, Florida, legally described on Exhibit "A" hereto (the "Property")/'or the purpose of developing a condomlninm project thereon; to hold the Property for investment; to sell or otherwise dispose of, to encumber and otherwise to deal with all or any pm't. of the PropertT, and to do any and all other acts and things that may be necessary, incidental Or convenient to carry on th.e Partnership business, as the General partner may determine from rime to time. 3. Location of the Principal Place of Business. The principal place of business of the Partnership shall be located at 601 Bayshore Boulevard, Suite 960, Tampa, Florida 33606, or at such other place as the General Partner may determine from time to time. The foregoing address shall also be the address of the office of the Partnership and the mailing address of the Parmership. 4. Name and Business Address of Each Partner. , (a) The name and business address of the General Partner is as follows: Ecovenmre Wig~ns Pass, [ac. 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 AC~.M)A DEC 0 2 2003 P'g. The names and businesses address of the Limited Partners are as follows: Edward 1L Oelschlaeger 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 Linda A. Oelschlaeger 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 ChristOpher E. Oelsc. hlaeger · . 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 5. Term. The term for which the Partnership is to exist shall be fifty (50) years ~om the date of filing of the Certificate of Limited partnership in the Office of the Secretary of State of the State of Florida, unless sooner terminated by the agreement in writing oft. he Partners or by operation of law. 6. Contributions of the Partners. The Parmers shall contribute cash to the capital of the Partnership as follows: General Partner: $ 1.00 Limited Partners: Edward 1L Oelschlaeger Linda A. OelscNaegex C', *c~her E. Oelschlaeger Total Limited Partners: $51.11 $31.66 $~6.23. $99.00 The Partners shall have no responsibility or liability for making additional contributions to the capital of the Parmership. 7. Distributions; Profits and Losses. (a) Distributions of cash to the Partners may be made from time to time at the. sole discretion of the General Partner. All such distribution~ shall be subject to maintaining the Partnership in a sound financial and cash position, including the establishment of reserves reasonably required in the judgment of the General Partner for the proper business of the Parmership. Such cash distributions (whether from the sale disposition of the Property, fi:om refinancings or otherwise) shall be made in tl: 2 ~r off,.er ultimate(~ following order-- DEC 0 2 2003 005.238010.1 005.238010.1 of priority: (1) first, to repay outsta__nding advances (including interest thereon), if any, made by a Partner;, (2) second, to return to the Partners (in proportion to their capital contn'butions) the amount of their capital contn'butions [reduced by any prior distn%utions under this subparagraph 7(a)(2)]; and (3) third, to pay the balance to the Partners in proportion to their capital accounts. Any cash or propeW~' available for distribution upon the liquidation of the Partnership (after payment or m_nklng pwvision for all liabilities of the Partnership) shall be clistn'buted to the Partners in the same order of priority as set forth above for interim distn'butions of cash. Co) The Partners shall be allocated profits and losses of the Partnership in proportion to their capital contributions. 8. Power and Authority, The General Partner shall have the full and exclusive right and power to manage and operate the Partnership and to do all things necessary to carry on the operations of the Partnership. for the purposes, described above, including but not llmited to the' power'to bc~rrow ~noney on behalf of the Partnership and to grant mortgages on' the Propc-~ty to secure such loans. 9. Indemnification of the General Partner. The Partnership shall indemnify and save harmless the General Partner from any loss or damage incurred by the General Partner by reason of any act or omission performed or omitted by the General Partner for and on behalf of the Partnership and in furtherance of its interesL This paragraph 9 shall not relieve the Gen~ Partner of liability for gross negligence, fraud or bad faith. 10. Limited Partners. The Lit ,i~.~l Partners shall have no right to take part in the conduct or control of the Partnership's activities or have any right or authority to act on behalf of the Partnership. 11. Additional Limited Partners. There is no right to admit additional Limited Partners without amendment of this Agreement. 12. No Right of the General Partner to Retire; Continuation of Business of the Partnership. The General Partner shall have no right to retire from the Partnership unles8 the General Parmer finds a person willing to accept the responsibility of the management and control of the Partnership as a substitute General Partner and unless the Limited Partners unanimOUSly consent to such substitute General Partner. In the event Of the retirement, death, incompetency, liquidation or bankruptcy of the General Partner, the Partnership shall be dissolved and the Partnership business shall not continue unless within sixty (60) days after such retirement, death, insanity, liquidation or bankruptcy, as the case may be, the Limited Partners unanimously agree to the continuation of the business of the Partnership upon terms satisfactory to the former General Partner and to the Limited Partners. .. 13. Limitations on Transfer. The Limited Partners may not sell, assign or otherwise transfer at any _time any of their interests in the Partnership without the prior written consent of the General Partner, which consent may be withheld in the General Partner's absolute discretion. process on the Partnership are as follows: . DEC 0 2 2003 3 Edward P,. Oelschlaeger 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 1~. Counterparts. This Agreement may be executed in one o~ more counterparts and each of such counterparts shall, for all purposes, be deemed to be an origiaal, but all of such counterparts shall constitute one and the same im'tnma~ DATED effective thi~ 19"' day °fMarch, 2002. GENERAL PARTNER: ECOVENTURE V~qGGINS PASS, INC., - a Florida co~~_..~S~~ BT. Edwaxcl R. Oet~chlaeger Lini:la A. Oelschlaeger C~stop'~e~ E. Oelschlaeger -~-~ 005.238010.1 4 DEC O 2 2003 F. dward IL OelscMa~er "' 501 Bayshore Boulevard Suite 95O TamPa, Florida 33~0~ 15. Counterpart~. Th/s AD'cement may be cx~cuted in one or more counterparts and each of such counterparts shall, for all purposes, bc dc~med to be an original, but all of such counterparts shall constitute one and the ~rn¢ insmrmcnt. DATED cfl'cctiv¢ this 19~' day of March, 2002. GENERAL PARTNER: BCOVBNTURB-WIC, GINS PASS, INC., - A. OelscMacger 0 Chrisfoph-c~ E. Oelschlaeger 4 DEC 0 2 2003 ,-,,-, A I A Dlication for Employer Identification Number (Rev. I:~o~' ~"~ i gov~mm~,t ,,v~,,----, - - - -- ~ ....... for ...,,,~ mo0rds' -- a P.O. - - - aa lype of .nm7 (chec~ ~/one Ix~ ReaSOn for applying (c~eck only one box) ~] :EstatC [~ Hired employees (Check the box a~d ~ee fine 12-) t0 (mont~k day, ~ar) ~osing monfl~ o~ accounting year 3/19/02 ~-~ ~ ' ' ' ~,- N/A .... .... L __ _, __..j,~,~= expected in the next 12 monks. Note: ff b~e appl/ca~ doe= not...~ Agficultura] Household t3 ~"0r~'nurn~'~ ..... ~'~: .............. .'. ........................................ · I 0 0 0 expect to have employees ou~Ing me 14 Chect< one tx~ that best describes the principal ec~ty °f y°ur busi 'r~'~s' [] Heart care & social assistance [] r-] ~ ~~. Manu~cmrina [] 15 k"loIc~m pdnal.,~ line ' Has tt~e appl'~an~ e~r eppiied for an employer tder~O~ number for t~ or Note'/t")~..s -please comp/ere lines 16b end 16c. Legal name I~ ..... ..~ ~,~ wren. ~,nd dty end state where, the appficatJo~ was filed. Enter pre~ious eml:~:~~' Iden~cat~on number if knowr~ 16C Approximate date when filed (m°', daY, Y~ar) J City and state where filed LPrevi°~s E~I ~ ~ , -- this sec~on only if you want to 8ut~orize the named individuel t° rece?~e tf~e entity~s EIN and answer Cuesti°ns ab°ut lt~e c°mpieliO~ °f this form~ Third I Desigr~e'~ p~me fax number (inc~~ Designee I ....... 8 Applicant's Fo~m SS-4 March 19, 2002 FLORIDA DEPAR~ OF STATE Katherine Harr~ CINDY HICKS CORPDIREC'F AGENTS TALLAHASSEE, FL The Affidavit and Certificate of Limited P,artne.rship. of, ECOVE. NTU ,F}E ~ Tn were filed on March 19, 2002 ano assagnea oocumem nurnDer ,,~u~.uuuuuu;.~.,.wu. ~ie-a'se refer to this number whenever corresponding w~th th~s office. The certification you requested is enclosed. A limited partnership annual tepoWuniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (FEI)number will be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-3676 and requesting SS-4. Please be aware if the limited partnership address changes, it is the responsibility of the limited partnership to not!fy this office. Should you have anyfurther questions conceming this matter, please telephone (850) 245-6051, the Registration and Quali~cation Section. Buck Kohr Corporate Specialist Division of Corporations Letter Number:. 502A00016539 DEC 0 2 2003 ]~i. vLs~on of Coz-po~atioz~. - ~.O. BO~ 63~.? -T~ll~1~assee, ~l.o~da 3~31~ parImrn! of I certifY from the records of this office that ECOVENTURE WIGGINS PASS, LTD., is a Limited Partnership 6rganized under the laws of the state of Florida, filed on March 19, 2002. The document number of this Limited Partnership is A02000000390. i further certify said Limited Partnership has paid all filing fees due this office through December 31, 2002, and its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, ~ Nineteenth dal°t D~~ I CR2E022 (~-99) 1. Name of Fartnership. T~ uame of tee P~P ~ ~ ~CO~ k~t p~ W ~o~ ~t~ ~n 620.1~ ~ ~ lo~ ~ ~1 B~o~ Bo~~ Sure 96~ Tamp~ ~d~ 33~, ~ ~ ~"0f ~ p~~'s ~e~ ~r ~ of ~oc~ ~ ~ ~ ~ E~a~ ~ ~c~~ 3. Name ~d B~ Add~ of the Gene~ Pa~er. ~ ~e ~~ of~ Namg ECOVEN~ WIOGI]qS PASS, 12qC., a Florida corporation _Address. 601 Bayshoi~ Boulevard, Suite 960 T~_ .mpa, Florida 33606 4. Mailing Address for the Limited Partnership. The mailing addr~s for the Limited Parme~ shall be 601 Bayshore Boulevard, Suite 960, Tampa, Florida 33606. $. Term. The term for which the parmer~_h'? is to exist shall be ~ (50) years from the filing of this Certificate in the Office of the Secretary of State of the State of Florida, tmless sooner terminated in accordance with a Limited Parmcrship Agreement for ECO~ WIGGINS PASS; LTD. DATED ~hls I.~*s' day of Marc~ 2OO2- GENERAL pARTNER: ,ASS, n4c. ACCEPTANCE BY REGISTERED AGENT Having been r~qmed Registered Agent and designated to accept service of process for the w~thin-~med Limited Partnership, at the place designated herein, I hereby agree to act in this provisions . relative to the proper capacity, and I further agree to comply with the ~ and complete performance of my duties. EDWARD R. OEL-SC~m~~~'~ "' Pg- 7~ AFFIDAVIT OF CAPITAL CONTRIBUTIONS OF ECOVENTURE WIGGINS PASS, LTD. I, EDWARD R. OELSC~AEGER, king the Pr~ider. t of ECOVENTUR~ WIGGINS PASS, INC., a Florida corporation, the sole General Partn~ of ECOVENTURE WIGGINS PASS, LTD., a Florida ~mited partnership (the "Paxmcrsh¥~ who, upon b~ing 1. The l~mlted partrm's hsv~ contn'buted $99.00 of capital to tl~ p~-sh'.m. 2. At thls ~ it h anticipated that no additional contributions sh~n 1~ n~ae by tl~ llmlted pm'tnm'~ DATED thi.q ~_~day of March, 2002.' FUK~ AFFIANT SAYETH NOT. Under l~nalti~ of lx'rjury, th~ und~rsig~d d~clarcs that'he has read the foregoing and that th~ facts aIleged ~r~ true, to the best ofhi~ knowledge and b~Iief; ECOVENTURE WICK]INS PASS, INC., aFlori~ ~S _ P~k,g$~12~;,r~fi~ corporation, thc ~'SOrmlly known'Jo ~.or who produced. STATE OF FLORIDA by ~W~ ~ O~-q~~G~. ~g ~ ~id~ of ECO~ ~GG~S ~ ~n~ P~ of ~.P~h~, ~ ~ as identification. 2 August 2, 2002 RWA, 3050 North Horseshoe Dr., Suite 270 Haplea, Florida 34104 To Whom It May Conch'n: Please be advised that authorization is hereby given to thc f'mn of RWA, Inc., to act as agent in all actions relating to the permitting of a residential land use on thc following described lands: A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOI. YrH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00026'00" E 30.00' TO THE NOR~ CORNER OF CONKLIN POINT, A SUBDMSION RECORDED IN PLAT BOOK 8, PAGE 16, pUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONK.LIN POINT S 89~16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00026'00" W 30.00 FEET TO THE NORTH LINE OF THE SO~T ~A OF SAID SEC~flOlq 17; TI-IEN~ ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ lq 89~16'10~ E 530.00 FEET TO THE POINT. OF BEGINNING. ALSO WITH THE SE % OF TH~ SE ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:' BEGINNING AT THE NE CORNER OF SAID SE ¼ OF THE SE ¼ OF ~ NE IA, THENCE S 00o27'30" E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35'' A DISTANCE OF 236.77 FEET TO TH~ POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR. CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE ¼ OF SE ¼ OF NE ¼; THENCE N 89o03, 18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS Ecoventure Wiggins Pass, Ltd. wimess my hand and seal this O- day of -~t-oJ"-~/- ,2002. STATE OF FLORIDA COUNTY O~ ~hu.u$ The foreeoin~ instrument was acknowledged before me this ~ daY of ~ 2002, by Edward Oelschlaeger, who to m? d who not an AC,~NOA DEC 0 2 2003 Copper Readings in the Cocohatchee River Basin Cocohatchee River-Palm River Estates 2003 COCAT41-Cocohatchee River at intersection of US41 Date Time 17-Oct-00 11:55AM 17-Apr-01 1:00PM 11-Jul-01 12:15PM 9-Oct-01 12:35PM 24-Jan-02 12:00PM 23-Apr-02 12:20PM 8-Jul-02 12:40PM 6-Oct-02 11:43AM 3-Jan-03 12:05PM Copper Units 5.80 ug/I 1.70 ug/l 2.30ug/1 <1.00 ug/l 2.50 ug/I < 1.00 ug/I 8.70 ug/I 4.20 ug/I 4.60 ug/I COCPALM-Coconut Palm River at intersection of Palm River Drive Date Time Copper Units 17-Oct-00 10:55AM 52 ug/I 3-Jan-01 11:50AM 3.32 ug/I 17-Apr-01 11:47AM 53 ug/I 1-Jul-01 11:00AM 2.00 ug/I l-Oct-01 11:20AM 5.40 ug/1 '.4-Jan-02 10:39AM 178ug/I 13-Apr-02 11:10AM 10.3 ug/I 18-Jul-02 11:30AM 193 ug/] 16-Oct-02 10:30AM 9.40 ug/1 13-Jan-03 10:50AM 25.6 ug/I BC13-Downstream of weir (west of Palm River Dr.) on Immokalee Rd Canal Date Time Copper Units 7-Oct-00 11:10^M 5.20 ug/I l-Jan-01 12:07PM 1.87 ug/! 7-Apr-01 12:25PM 2.64ug/I 1-Jul-01 11:30AM 1.40 ug/I t-Oct-01 11:45AM 16.5 ug/I 4-Jan-02 11:10AM 5.50 ug/1 24-Jan-02 11:16AM 3.20 ug/I 23-Apr-02 11:30AM <1.00 ug/1 18-Ju1-02 11:50AM 4.90ug/i 16-Oct-02 10:55AM 1.50 ug/I 13-Jan-03 11:lOAM 1.60 ug/i DEC 0 2 2003 BC 14-Upstream of weir (west of Palm River Dr.) on Immokalee Rd Canal t1D7ate -Oct-O0 17-Apr-01 11-Jul-01 9-Oct-01 24-Jan-02 23-Apr-02 18-J u 1-02 16-Oct-02 13-Jan-03 Time 11:30AM 12:40PM 11:45AM 12~05PM 11:35AM 11:57AM 12:15PM 11:11AM 11:35AM Copper Units 3.20 ug/] <l.00ug/1 <1.00 ug/! <l,00ug/l 1.60 ug/l <1.00 ug/1 4.20 ug/1 2.30 ug/I 1.40 uq/I COCEOF31-1mmokalee Rd. Canal and Eustis Ave. Date Time Copper Units 17-Oct-00 10:30AM 2.40 ug/I 3-Ja n-01 11:27AM 1.53 ug/I 17-Apr-01 11:17AM <1.00 ug/I 11-Jul-01 10:30AM 1.10 ug/I 9-Oct-01 10:55AM <l.00ug/I 24-Jan-02 10:12AM 2.00 ug/I 23-Apr-02 10:37AM _. <1.00 ug/I 18-J~ ~72 10:55AM 5.70 ug/I 16-Oct-02 10:10AM 1.60 ug/! 13-Jan-03 10:30AM <1.00 uq/I DEC 0 2 2003 PUDZ-2002-AR-3158 COCONILLA PUD Background. Eco VenturedCoconilla PUD has an application to rezone Wiggins Pass Marina from commercial to residential usage that would allow constxuction of a residential condominium project. The North Bay Civic Association objects to the rezoning based on several issues, one of which is that copper could accumulate in the associated marina basin. According to their Position Statement, there would be a loss of 400+ dry dock storage slips and the dredging and excavation of nearly 4 acres for a boat basin accommodating 52 wet slips for boats of up to 55 feet in length. The North Bay Civic Association's attorney, Ralf Brookes, has requested Collier County to consider the fact that the deeper dredged marina will attract larger vessels with deeper draft that must use anti-fouling marine paints (e.g., copper or tributyltin based paints intended to kill or inhibit natural growth of marine organisms). To illustrate this point, Mr. Brookes states that water quality data collected at an adjacent yacht harbor basin, Conldin Point/Pelican Isle Yacht Club, showed an increase in copper that exceeded state specifications (2.9 micrograms/liter). He states that this testing was required as an original condition of approval for Conldin Point. Levels for June and July of 1997 ranged from <1.0 to 2.1 micrograms/liter. B-~inning in September 1997 and running through May 1999 copper levels ranged fro,~ 2.2 to 13 micrograms/liter with the highest levels found in January 1998. An increasing trend was not evident but rather values fluctuated through the September 1997 to May 1999 period. Sources of Copper Copper is a common element of the earth's crust and is an essential micronutrient readily used by aquatic organisms (MacDonald, 1994). Major sources of anthropogenic copper include aquatic herbicides and ',dgaecides, anti-fouling paints used on boats, corrosion of brass and copper pipes and agricultural pesticides and fungicides. Considerations The Cocohatchee River is designated as Outstanding Florida Waters (OFW) by Florida Administrative Code (FAC) 62-302. Waters receiving this designation should not be degraded and should receive the highest degree of protection. The entire basin has recently been designated by the Florida Department of Environmental Protection (FDEP) and the Environmental Protection Agency as an impaired water body. Water quality data generated by the Collier County Pollution Control Department for locations upstream of the marina basin show significantly high copper levels (see attachment). These samples were collected 1 foot below the surface on a ([uarte~lq:gs~ - ! and measured total copper in micrograms/liter. There are violations of tht Sta~._w~ / quality standard of 2.9 ug/l. (FAC 62-302) and the data indicate that elevated copper levels exist within_the Cocohatchee River_Basin. A study was conducted by Florida International University researchers (Gardinali et al., 2002) in which sediment samples from various estuarine locations in Collier County were examined for levels of anthropogenic contaminants. Samples collected from upstream of the marina and approximately 2500 feet downstream of the marina contained copper levels that were at a level where no adverse biological effect would be expected, i.e. below the "Threshold Effects Level"(MacDonald, 1994). Below this level a contaminant poses minimal or no risk for biological end-points. The "Threshold Effects Level" and "Probable Effects Level" are guidelines established by FDEP to be used as sediment quality guidelines. These guidelines are based on toxicity information associated with aquatic organisms. Although copper does not appear to bioaccumulate in aquatic ecosystems, it is readily used as a biocide establishing acute and chronic toxicity (MacDonald, 1994). Other sampling sites within FIU's study found elevated copper readings at stations in Vanderbi!t Lagoon, Naples Bay Channel and the Gordon River at US 41 suggesting that "areas with large concentrations of boats in permanent moorings/docking berths may require special attention with regard to future sampling. Since copper based anti-fouling paints comprise the bulk of the bottom paint market, contamination of the sediments is unlikely to decline." The authors further states, "copper should be considered a priority element in the pollution prev,'ntion and man. ~gement for Collier County". Sediments collected by the Collier County Pollution Control Department approximately 160 feet from the marina in the channel in April 1993, show copper levels to be below the "Threshold Effects Level". Conclusions A continuous, historical database for the water quality of Wiggins Bay does not exist since this area has not been routinely sampled. Sediment samples collected near the Wiggins Pass Marina in 1993 and again in 2001 showed levels of copper below the "Threshold Effects Level", a guideline level established by-the FDEP. Sources of copper into the estuary could be coming from the elevated levels exhibited upstream in the basin. However, the source of elevated copper in this basin has not been determined. anti-fouling paint and docked in a marina. A "Probable Effect Level" guideline for copper in sediments has been estat FDEP. Should copper reach this level, an adverse biological effect would Another potential source for increased copper loading could be from large boats utilizing I ...... 5~,(~A DEE: 0 2 2003 always" result. Current levels are significantly below this level. References Gardinali, P.R., Cai, Y., Jaffe, R., Boyer, J. 2002. Effect of Increased Urban and Agricultural Landuse on the Anthropogenic Loading to Southwest Florida Estuaries Seligman, P.F. and Zirino, A. 1998. Chemistry, Toxicity and Bioavailability of Copper and Its Relationship to Regulation in the Marine Environment. MacDonald, D.D. (I 994). Approach to the assessment of sediment quality in Florida coastal waters: Volume 1 - Development and evaluation of the sediment quality assessment guidelines. Report prepared for Florida Department of Environmental Protection. Tallahassee, Florida. DEC 0 2 2003 Exhibit COCONILLA LEGAL DESCRIPTION A PAKCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOLrrH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT TIlE NORTHEAST CORNEK OF THE SoIrrHEAST ¼ OF SAID SECTION 17; THENCE ~NG THE EAST LINE OF SAID SECTION 17, S 00~26'00" E 30.00' TO TIlE NORTHEAST CORNER OF CONKLIN POINT, A SUBDMSION KECORDED IN PLAT BOOK 8, PAGE t6, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONK.LIN POINT S 89~16'10'' W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00°26'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTH]~AST ¼ N 89°16'10'' E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE ¼ OF TI-EE SE ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE ¼ OF THE SE ¼ OF THE NE ¼, THENCE S 00027'30'' E (ASSUMED BEARING) ALONG THE EAST LDCE OF SAD SECTION 17, ~ [STANCE OF 493.91 FEET TO THE POINT OF CURVA'ITJRE OF A CTRCULAR CURVE CONCAVED TO TH vVEST HAVING A RADIUS OF 1860.08 FEET THENCE NORTHERLY ALONG TH~ ARC OF SAID CURVE TI-ERU A CEN'ITLAL ANGLE OF 7°17'35" A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7045'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE ¼ OF SE ¼ OF NE ¼; THENCE N 89°03'18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGENNING. CONTAINING 10.45 ACRES MORE OR LESS. OEC 0 2 2003 COCONILLA PUD COLLIER COUNTY ENVIRONMENTAL IMI'ACT STATEMENT May 2003 Prepared For:. Eco Venture Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 (813) 251-4868 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 DEC 0 2 2003. Project No. 02ECO763 TABLE OF CONTENTS Page Introduction .................................................................................................................................... 1 3.8.5. I Applicant Information ............................................................................................... 1 3.8.5.2 Development and Site Alteration Information .......................................................... 1 3.8.5.3 Mapping and Support Graphics ................................................................................ 2 3.8.5.4 Impact Categories ..................................................................................................... 8 3.8.5.4.1 Bio-physical ......................................................................................... 8 3.8.5.4.2 Public Facilities and Services .......................................................... 18 3.8.6.1 Specifics to Address - General Information ............................................................. 22 References ..................................................................................................................................... 24 DEC 0 2 2003 LIST OF FIGURES Page Figure 1. Project Lo~ation Map ............................................................................................. 3 Figur~ 2. FLUCFCS and Wetlands Map .............................................................................. 4 Figure 3. Soils Map ............................................................... Figur~ 4. Impact Map ........................................................................................................... 11 ii DEC 0 2 2003 LIST OF TABLES Table 1. Page Existing Land Use and Cover Summary ............................................................... 5 Table 2. Upland Acreages ................................................................................................... 14 111 DEC 0 2 2003 Exhibit A. LIST OF EXHIBITS Page A-1 Resume ................................................................................................................ Exhibit B. Affidavit of Proof of Authorized Agent ............................................................... B- 1 Exhibit C. Legal Description of Project Site ......................................................................... C-1 Exhibit D. Aerial Photograph with FLUCFCS Overlay ....................................................... D-1 Exhibit E. Topographic Map ................................................................................................. E-1 Exhibit F. Exhibit G. Site Plan with Drainage Overlay .......................................................................... F-1 Marina Management Plan ................................................................................... G-1 Exhibit H. Soil Descriptions ................................................................................................. H-1 Exhibit I. Bald Eagle Management Plan .............................................................................. I-1 Exl:dbit J. Manatee Protection Plan ...................................................................................... J-1 Exhibit K. Correspondence from the Florida Department of State ...................................... K-1 iv DEC 0 2 2003 INTRODUCTION This report represents the Collier County Environmental Impact Statement (ELS) for the Coeonilla PUD. This ELS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code (October 30, 1991, as amended October 14, 1992). 3.8.5.1 APPLICANT INFORMATION 1. Responsible owner(s) agent(s) who wrote the EIS and his/her education and job related environmental experience. Andrew Woodruff, Passarella and Associates, Inc. Consulting Ecologists. A copy of Mr. Woodru~s resume is enclosed as Exhibit A. 2. Owner(s) agent(s) name, address. Owner: EcoVenture Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 Agents: Robert J. Mulhere, AICP RWA, Inc. 3050 N. Horseshoe Drive Suite 270 Naples, Florida 34104 3. Affidavit of proof of authorized agent. Affidavit of proof of authorized agent is attached as Exhibit B. 3.8.5-2 DEVELOPMENT AND SITE ALTERATION INFORMATION 1. Description of proposed use. The project will consist of one 102-unit residential tower with 21 floors over parking and ten two-story residential villas. The development will include a marina promenade, marina storage cabanas, a ship's store, and marina parking. The project will reeonfigure the existing 52 wet slips. The existing fuel facilities and fuel docks will be upgraded and will remain available for use by the public boating community. Specifically, the applicant proposes to excavate a 3.65+ acre marim 1,772 linear foot vertical retaining wall for a reconfiguration of the e: The marina basin will be enhanced for flushing with 0.82--~ acre basin and e~ahli~h ~f C~ve DEC 0 2 2003 wetland. In the upland portion of the site, the applicant is proposing to remove 450 dry storage slips and maintenance facilities in four buildings, fueling facilities, and a ship's store building. Upland redevelopment will include construction of one 102-unit residential tower, staggered from 15 to 21 stories, ten two-story marina villas, a marina promenade, a ship's store, a fueling facility, and parking. A stormwater management system, meeting the requirements of the State of Florida and Collier County regulations, will be installed to ensure the quality of water discharged from the site is appropriate for the receiving body. The stormwater management system will include the creation of water quality detention areas and swales that will be planted with wetland plant species to enhance the ecological and aesthetic character of thc site. Additionally, the site will incorporate native vegetation where possible within the 1.82_4: acres of proposed landscaping. Legal description of site. The legal description of the project site is attached as Exhibit C. Location and address descriptior~ The Coconilla PUD is located on Vanderbilt Drive (S.R. 865-A) at the terminal point of Wiggins Pass Road in Section 17, Township 48 South, Range 25 East, Collier County. 3.8.5.3 1. MAPPING AND SUPPORT GRAPHICS General location map. A project location map is provided as Figure 1. Native habitats and their boundaries shah be identified on an aerial photograph of the site extending at least two hundred (200)feet outside the parcel boundary. This does not mean the applicant is required to go onto adjacent properties. Habitat identification will be consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System and shah be depicted on an aerial photograph having a scale of one inch equal to at least 200feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shah have precedence over information presented through photographic evidence Vegetation associations and land uses were delineated using 2000 rectified color aerials (1" = 200') and on-site field surveys conducted in July 2002. During the surveys, preliminary lines were drawn on the aerial delineating the different vegetation associations. These delineations were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS), Levels 1II and IV (Florida Department of Transportation 1999). The FLUCFCS map, shown as Figure 2, was generated using AutoCAD (Version 2000). An aerial photograph with FLUCFCS mapping is enclosed as ff,~hls.~,AC.,~oAr~ .r~_~Afr~r,~., DEC O 2 20O3 2 N.T.S. R 25 E PASSARELLA a~el ASSOCIATES, INC. FIGURE 1. PROJECT LOCATION MAP Co~z~z~i?zg Ecologists COCONILLA PUD OR~W~ BY: CC OAT~: 4,/9/03 tsll P/L,,,,~ -"---~ 00'----' /*00 5/*0 (0./.5 Ac.+) PIL 18& (lO.0Z Ac.t) 180 -- SFwtlD 'OTHER SURFACE WATERS' AND COle 'WATERS 0F THE U.S.' (0.4.3 ~."') ON-SITE FLUCFCS % OF CODE DESCRIPTION ACREAGE TOTAL 184 MARINA 10.02 Ac.--. 95.9% 540 BAY 0.43 Ac.± 4.1% TOTAL 10.45 Ac._+ 100.0% OFF,-SFI~ FLUCr-C:~ CODE DESCRIPTION 180 RECREATIONAL 4,00 MO(ED FOREST 411 PINE FLATWOO D~ 540 BAY 812 MANGROVE 814 ROAD /*1.1 ' Wl G f IN$ PASS I /*11 [ NOT[! DEC 0 '2 200:] FLUCFCS UNES ESTIMATED FROM l'-200' AEI:UAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. C0VgR AN0 F0eUS ~nC. AT]ON ~"~TEM (F].UCFCS) (FOOT 1egg). OFF-SIT[ FLUCFC~ HAS NOT BEEN GROUNDTRUTHED. PROPERTY BOUNDARY PER RWA, INC. DRAWING NO. 02-0018-4$1E.DWG DATEO .,IdJGUST 2, 2002. FLUCFCS AND WETLANDS MAP COCONILLA PUD PASSARELLA and ASSOCIATES, INC., Co~s~dii~g Ecolog~.sts DRAWN BY: CC DATE: 4./9/03 summarizes the various cover types delineated on-site and their associated acreages, while a brief description of each of the FLUCFCS classifications follows. Table I. Existing Land Use and Cover Summary 184 Marina 10.02 95.9 540 Bay 0.43 4.1 TOTAL 10.45 100.0 Marina (FLUCFCS Code 184) This developed area occupies 10.02-q: acres or 95.9 percent of the property. This area is the site of an active commercial marina that includes dry storage facilities, maintenance and repak facilities, fueling facilities, and a ship's store. No native habitat is present. Bay (FLUCFCS Code 540) This open water, tidal habitat occupies 0.43:1: acre or 4.1 percent of the property. The shoreline of this area is composed of sea wall and boat ramps. Several mooting docks anchored by ~ilings are located within this area. The majority of the submerged bottom is composed ~ ~oft sediment. No sea grasses were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. Topographic map showing upland, bathymetric contours and existing drainage patterns, if applicable. A topographic map showing upland elevations, bathymetric contours, and existing drainage patterns is enclosed as Exhibit E. Existing land use of site and surrounding area. The project is the site of the existing Wiggins Pass Marina. Surrounding land uses include the Cocohatchee Bay PUD to the north and west, Vanderbilt Drive to the east, and Cocohatchee River County Park to the South. Soils map at scale consistent with that used for Florida Department of Transportation - Florida Land Use Cover and Forms Classification System determinations. A soils map for the property is provided as Figure 3. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. DEC 0 2 2003 FIGURE Soil Unit 17 33 35 40 D eeorlptlon BABINGER FINE SAND URBAN LAND-HOLOPAW-BASINGER COMPLEX URBAN LAND-AGUENT8 COMPLEX. ORGANIC SUBSTRATUM SATELLITE FINE SAND DURBAN AND WULFERT MUCKS, FREQUENTLY FLOODED NON-HYDRIC NO N-HYDRtC NON-HYDRIC NON-HYDRIC HYDR lC PASSARELLA and SOILS MAP COCONILLA PUD Co r~,s~d t i n g DRAW~ BY=. CC NOTE: $O~L: COLl. A~ Ecologists aa?£: 8/2/02 A site plan with proposed drainage overlay is enclosed as Exhibit F. The proposed surface water management plan will incorporate best management practices including water quality facilities for above ground surface water Ixeatment and storage prior to discharge into the receiving water (existing marina basin). The collected surface water will discharge into Outstanding Florida Waters, and all requirements for discharging into Outstanding Florida Waters will be met. All construction activities will serve to limit the potential for pollutant discharge in accordance with United States Environmental Protection Agency. National Pollutant Discharge Elimination System. Due to this project's location (adjacent to tidal waters), the surface water management design should not require attenuation nor does the design attempt to limit discharge rates once water quality standards have been met; however, based on precedents from the Florida Department of Environmental Protection (FDEP), the subject uplands have been modeled using a South Florida Water Management District (SFWMD) 25-year, 72-hour storm to obtain the designed high water levels so even a 25-year storm will discharge through the water management system and not directly to the marina from the uplands. As is standard engineering practice, runoff quantities have been calculated using the 25-year, 1-hoUr Florida Department of Transportation storm intensities. With the mix of open space, impervious structures, and the enlarged marina, the post-development runoffis reduced from 26.26 cfs to 16.10 efs, all of which will be treated. The Surface Water Management Plan is being reviewed by the FDEP. The FDEP has assigned Application 11-0206964-001 to the project. The basic operation of the surface ater management system includes the collection of surface water runoff in concrete drainage structures, transportation of the flow in a subsurface conveyance system, and directing the runoff to above ground dry detention areas. The site has incorporated 1.014- acre-feet of above ground dry detention in four detention areas and drainage swales with an additional 0.374- acre-feet in storage through the conveyance system, for a total of 1.384- acre-feet of storage. The detention areas are interconnected with all discharge occurring through the control structure, which is placed within the largest of the detention areas located at the southeast comer of the site. Development plan including phasing program, service area of existing and proposedpublic facilities, and existing and proposed transportation network in the impact area. A site plan is attached as Exhibit F. The project will be developed in one phase. The marina will be constructed first, with the first order of work being a small amount of dredging in the existing basin to remove approximately 400 cubic yards to be placed in a containment area constructed immediately upland of the existing seawall. Silt curtains will be deployed prior to dredging and will remain in place until all work on the basin is completed. The second order of work will be to excavate the area immediately upland of the seawall to create the new portion of the basin. The existing seawall will be left in place to control suspended particles until excavation of the upland portion of the basin and installation of the new basin seawall is complete. The existing seawall will then be removed connecting the excavated 7 DEE 0 2 2003 marina with the tributary to the Cocohatchee River. The turbidity curtains installed prior to commencement of the dredging operation will remain in place until the basin connection is complete and turbidity levels within the created basin have subsided. The project is currently within the development services area of Collier County Utilities and consists of a potable water meter and a wastewater lilt station within an existing county utility easement. The public components of utility services will not be different in the post- development configuration. Easements are and will be available for public service providers such as those for electricity, cable television, and telephone. Right-of-way work will generally occur at the beginning of the uplands work to facilitate transport to and from the subject property. Vanderbilt Drive provides access to the project. Vanderbilt Drive is a two-lane road connecting Bonita Beach Road, Wiggins Pass Road, 111t~ Avenue/Bluebill Avenue, and Vanderbilt Beach Road. U.S. 41 is approximately one mile east of the project. Wiggins Pass Road, which intersects Vanderbilt Drive just south of the project, connects Vanderbilt Drive and U.S. 41. 3.8.5.4 IMPACT CATEGORIES 3.8.5.4.1 Bio-physical 1. Air quality a. Changes in level of air pollutants as defined by current regulations. The only anticipated air pollution will be during construction of the project from the exhaust of construction equipment and from dust generated by earth moving activities. Redevelopment of the marina to residential use is anticipated to create a net reduction in the generation of air pollutants from both vehicle and boat traffic. Based on vehicle trip generation estimates prepared by David Plummet and Associates, Inc., the existing marina generates more vehicle traffic on a daily basis than the proposed project. Furthermore, the project is anticipated to significantly reduce the amount of emissions from boats by eliminating 450 dry storage spaces and all access ramps for vessel launch. Redevelopment of the marina to residential use will eliminate air pollution resulting from commercial activities, including chemical and particulate emissions generated fi'om the boat repair facility and exhaust from diesel powered forklifts. Number of people that will be affected by air pollution resultingfr DEC 0 2 2003. n. /o/ No persons are anticipated to be affected by air pollution resulting from the project. Procedures that will be used to reduce adverse impacts o fair pollutiott Watering of unvegetated surfaces will be conducted to reduce dust during construction of the project. Water quality Changes in levels and types of water pollution as defined by current regulations. Phase I, II, and III environmental studies show that the former commercial use produced pollutants including copper, arsenic, and MTBE. The proposed residential use will reduce and/or eliminate the activities that caused the pollution and remediate the toxins previously released by the commercial operations. The water management system for the proposed residential project will be designed to meet FDEP water quality criteria for discharge to Outstanding Florida Waters resulting in greater water quality treatment than is currently provided by the existing commercial operation. Inventory of water uses that are restricted or precluc' ! becauxe of t~IJution levels resulting from this project. No restricted or precluded water uses will exist on this project. Person affected by water pollution resulting from the project. No water pollution is anticipated to result from the project. Project designs and actions which will reduce adverse impacts of water pollutiott W .... ~ ?qlution is minimized by means of a water management system that utilizes FDEP c, iteria to maintain state water quality criteria for discharge to Outstanding Florida Waters. During upland redevelopment, appropriate erosion control mechanisms such as hay bales and silt fences will be used to prevent sediment transport to the water per the State and Federal National Pollution Discharge Elimination System regulations and recommendations. Dredging activities will be separated from adjacent waters by weighted turbidity curtains. Excavation activities within uplands will be separated from adjacent waters by the existing seawall and weighted turbidity curtains. Basin s fit ~I~~ stabilized with rip rap wrapped in filter cloth. Docks will be co: ~slxq~e~d of foam gEE 0 ?2003 9 ~J; filled concrete modules and moored in place with concrete piles. No chromated copper arsenate (CCA) treated wood will be used for dock construction other than what is needed to fasten the floating dock modules together and only in locations permanently above water. The project will remove both abandoned and active buried fuel tanks and replace with state-of-the-art double-lined fuel ranks. The project will be responsible for appropriate remediation of contaminated soils resulting fi:om existing storage tanks. Fueling and pump out facilities will be govemt~t by the conditions in the Marina Management Plan attached as Exhibit G. The project will create 0.82a: acre of intertidal areas adjacent to the created mm'ina basin to improve basin flushing. The intertidal areas will be planted with mangrove vegetation. Physiography and geology a. A description of the soil types found in the project area. According to the Collier County Soils Map, the following soil types are found on the property (Figure 3): Basinger Fine Sand (Soil Map Unit 17); Urban Land-Holopaw- Basinger Complex (Soil Map Unit 33); Urban Land-Aguents Complex, Organic Substratum (Soil Map Unit 35); Satellite Fine Sand (Soils Map Unit 39); and Durban and Wulfert Mucks, Frequently Flooded (Soils Map Unit 40). A detailed description of each of these soil types is provided as Exhibit H. bo Aerial extent of proposed topographic modification through excavation, dredging and fiIling. The construction of the project will result in excavation of a 3.65+ acre boat basin within existing uplands. In order to provide efficient tidal flushing of the created boat basin, 0.82-q: acre of intertidal habitat will be created adjacent to the boat basin. Natural recruitment and plantings within the intertidal area will allow for the establishment of mangrove habitat, that currently does not exist within the project boundary. Approximately 400 cubic yards of material will be dredged landward of the six foot contour line within the existing boat basin to provide sufficient depth for vessels to access the created boat basin. The aerial extent of dredging within the project is 0.22~ acre. An impact map depicting the approximate limits of dredging is provided as Figure 4. Removal and or disturbance of natural barriers to storm waves ar Not Applicable. 10 LIHITS OF EXISTING ,~ Ac. (0.8;' Ac.+). IC~GINS PA,.~, ROAD FIGURE 4. IMPACT MAP COCONILLA PUD NOTES: PROC'ERTY BOUNDARY AND Sfi'E PLAN PER RWA. INC. ORAmNG NO. 20018XlT.D'WG DATED MAY 15, 2003, PASSARELLA a~ AS: DEC 0 2 2003 p~.. OCIA TES, 1Nc. Cons~ltir~g Ecologists DRAWN BY: P.F. DATE: 5/19/03 I1 d. Proposed modification to natural drainage patterns. The site is fully developed in its current state. The site currently drains to the existing marina basin, the adjacent private property, the Coe~hatchee River Park, and the Vanderbilt Drive fight-of-way. In the post-development drainage system, all flow from a 25-year, 3-day storm will be collected, treated to the State Outstanding Florida Waters standards, and discharged to the existing portion of the improved marina. Extent of impervious: w'face and percent of groundwater recharge area to be covered. Them is no known, dedicated recharge area within the boundary of the subject property. The current site is 60.33 percent impervious (6.30-J: acres of buildings and paved areas). The proposed site will have 3.80t: acres of impervious surfaces (buildings, sidewalks, and other paved areas) or 36.36 percent of the 10.45± acre site. f. Annual drawdown of groundwater level resulting from use. Since the property is adjacent to tidal waters, the groundwater level is generally synonymous with the tidal elevation. Hence, it can be concluded that the groundwater is generally not going to be modified by the proposed development. Additionally, it is not anticipated that a water use permit will be requested for the project as the facility will irrigate using publicly provided water. Native drought tolerant plants will be used for landscaping wherever possible to reduce the need for irrigation. g. Increased siltation in natural water bodies resulting from the proposed use. Please see response to 3.8.5.4.1.2.1 and 3.8.5.4.1.2.d. A sediment control plan will be provided at time of site development plan approval. The sediment control plan will be designed according to FDEP criteria. Wetlands Define number of acres of Collier County jurisdictional wetlands (pursuant to the Collier County Growth Management Plan) by vegetation type (species), vegetation composition (canopy, m idstory and groundcover), vegetation abundance (dominant, common and occasional), and their wetland functions. 12 The subject property contains no FDEP or U.S Army Corps of Engineers wetlands. The project site contains 0.43+ acre of tidal waters identified as Bay (FLLICFCS Code 540) and described as follows: ~r~A~ DEC 0 2 2003 Bay (FLUCFCS Code 540) This open water, tidal habitat occupies 0.434- acre or 4.1 percent of the property. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No sea grasses were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. Determine present seasonal high water levels and historical high water levels by utilizing lichen lines or other biological indicators. There are no wetland resources on the project site. c. Indicate how the project design improves/affects pre-development hydroperiods. There are no wetland resources on the project site. Indicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on functions of wetland areas. There are no wetland resources on the project site. e. Indicate how the project design minimizes impacts on wetlands. There are no wetland resources on the project site. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County Growth Management Plan. There are no wetland resources on the project site. 5. Upland utilization and species of special status. Define the number of acres of uplands by vegetative types (species), vegetation composition (canopy, midstory, and groundcover), vegetation abundance (dominant, common and occasional) and their, upland functions. The property has a total of 10.024- acres of uplands. The upland habitats are composed of Marina (FLUCFCS Code 184). Table 2 provides an acreage breakdown of the uplands, and a description of the FLUCFCS type follows. 13 DEC 0 2 2003 Table 2. Upland Acrenges 184 Marina 10.02 - TOTAL 10.02 Marina (FLUCFCS Code 1841 ~.is developed area occupies 10.02-q: acres or 95.9 percent of the property. This area is the site of an active commercial marina that includes dry storage facilities, maknenance and repair facilities, fueling facilities, and a ship's store. No native habitat is present. Indicate proposed percent of defined upland, to be impacted and the effects of proposed impacts on functions of upland areas. Existing uplands on the project site have been entirely developed. Redevelopment of upland areas will include native landscape buffers and the creation of intertidal mangrove habitat. Indicate how the project design minimizes impacts on uplands. Uplands on the project site have been completely developed by the existing commercial marina. Redevelopment of upland areas will include native landscape buffers and the creation of intertidal mangrove habitat. Provide a plant and animal species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the guidelines of the Florida Game and Fresh Water Fish Commission. The project site is developed and does not provide habitat for listed species. A portion of the project site is located within 1,500 feet of bald eagle (Haliaeetus leucocephalus) nest CO-019. The West Indian manatee (Trichechus manatus) may occur within waters near the project site. The applicant is coordinating with the FDEP and U.S. Fish and Wildlife Service (USFWS) regarding potential impacts of redevelopment to listed wildlife species. Coordination will include the development of protection plans for both the bald eagle and West Indian manatee. e. Indicate how the project design minimizes impacts on species of special status. There are no bald eagle nests on the project site. The project will not result in direct impacts to the nest tree. Bald eagle nest CO-019 is located northwest of the project site. According to the Florida F.~sh Conservation Commission (FWCC), territory CO-019 was i-u'st ctr[cumentea aunng DEC 0 2 2003. 14 Based on the FWCC nesting records, the bald eagles have successfully fledged two young during each of the last four consecutive nesting seasons (including 2002- 2003). This period coincides with recent development activity conducted within the secondary protection zone by Arbor Trace and Cocohatchee Bay PUD. The project will result in the permanent closure and removal of an existing full service commercial marina and boat storage facility that has been in existence for over 25 years. Redevelopment for residential use will occur within areas previously developed and occupied by the commercial marina. There will be no loss of native habitat types resulting from project redevelopment. Development is anticipated to take 22 months for completion. Exterior construction activity is anticipated to occur during at least one nesting season (October 1 - May 15) period and will be limited in scope and duration per the conditions of the management and monitoring plans. Residential tower construction will occur no closer than approximately 1,068 feet fi.om the existing CO-019 nest ta'ee. The project is being proposed in an existing intensively developed commercial area. No habitat loss will occur as a result of project construction. There has been no evidence that recent encroachments into the secondary zone of CO-019 (including development of Arbor Trace and Cocohatchee PUD) or existing human disturbances (including daily operations at Wiggins Pass Marina and traffic on Vanderbilt Drive) has resulted in loss of bald eagle productivity or attempt to relocate to a more remote nest site. Construction-related disturbances including the operation of heavy machinery, power and hand tools, use of radios, and human voices are not expected to have aa adverse effect on this pair of bald eagles because these activities are currently occurring on the proposed project site as part of the existing commercial activities. Compaxed to the current commercial operation, the project is anticipated to result in a reduction of daily noise levels and a reduction in the release of chemicals toxic to fish and wildlife. To minimize adverse effects and provide an opportunity for the nesting bald eagles to become acclimated to the altered development, the applicant has agreed to limit ce~ain construction related activities during the nesting season including acta ~me~ .related to excavation of the marina basin, pile driving, erection of cranes, and removal of existing buildings. Redevelopment of the marina to residential use is anticipated to create a net reduction in the generation of both vehicle and boat traffic. Based on vehicle trip generation estimates prepared by David Plummer and Associates, Inc., the existing marina generates more vehicle traffic on a daily basis than the proposed project. Furthermore, the project is anticipated to significantly reduce the amount of boat traffic originating within the secondary protection zone by eliminating 450 dry storage spaces and all access ramps for trailered vessels. 15 DEC 0 2 2003 pg. o The applicant is coordinating with the USFWS in preparing a Bald Eagle Management Plan that currently does not exist for the commercial marina. A copy of the Bald Eagle Management Plan is attached as Exhibit I. The management plan will address limitations on construction activities and the use of a USFWS-approved observer to monitor eagle behavior. Monitoring will be conducted for the purpose of detecting any potential abnormal behavior of the adult eagle or their chicks that may be elicited in response to development activities within 1,500 feet of the nest tree and to establish a procedure for halting or modifying any disturbance that harms or harasses eagles to the extent that "take" may occur. The project site is not located in a designated critical habitat for the West Indian (Florida) manatee. There are no seagrass beds located within the project area. The redevelopment of the existing marina will result in the removal of 450 dry slips and all access points for additional watercraft. This project will result in 90 percent reduction in the number of boats kept at the project site and a major reduction in boat traffic originating fxom the project site. The project is anticipated to have a net benefit to the West Indian manatee. The applicant will implement the Standard Manatee Construction Protection Precautions. A manatee protection plan prepared by Humiston and Moore Engineers is attached as Exhibit J. Marine and estuarine resources a. Provide current State of Florida Classification of the Waters (Florida Administrative Code, Chapter 17-3). The project is located in Class II Waters, not approved for shellfish harvesting. Project waters are located adjacent to the Cocohatchee River, an Outstanding Florida Water. Define number of acres of marine and estuarine resources by submerged grass beds, breeding areas and nursery areas and their marine and estuarine functions. pilings. Some shell bottom exists within 20± feet of existing mangr~ is composed of scattered dead oyster clumps and oyster shell. Sampl The project contains 0.43± acre of submerged tidal waters. On September 30, 2002, submerged lands within the project boundary were inspected for the presence of aquatic vegetation and hard bottom communities. Submerged bottom in the project boundary was probed with a pole and dip net. The majority of the submerged bottom is composed of soft flocculent~ sediment. No seagrasses were observed within or adjacent to the project boundary (areas within 50 foot of project boundary were inspected for the presence of seagrass). Shoreline vegetation is present west of the marina basin. Shoreline vegetation is composed entirely of red mangrove (Rhizophora mangle). Oyster clumps were observed attached to seawalls and existing ..... 'A,~A"ITE}~ tX ,s of~stea' sbelI"~I 16 DEC 0 2 2003 Indicate proposed percent of defined marine and estuarine resources t° be impacted and the effects of proposed impacts on functions of marine and estuarine resources. Attached communities including oyster will be impacted by the redevelopment of the project sim. Recordiguration of the marina and creation of mangrove habitat will create a net gain of suitable habitat for attached communities that are being displaced. Noise Estimate changes in the dockside landing of commercial fish and shellfish. The project will not have an adverse effect to sport or commercial fisheries. The project will create 0.82-q: acre of intertidal habitat that will be planted with mangrove and provide fisheries habitat. Estimate changes in the sport fishing effort and catch. The project will not have an adverse effect to sport or commercial fisheries. The project will create 0.82:t: acre of intertidal habitat that will be planted with mangrove and provide fisheries habitat. prOvidej~ast history of any environmental impacts to the area including oil spills. The project has been the site of a full service commercial marina that has been in operation for over 25 years. Toxins including arsenic, copper, and MTBE have been detected on the surface, in the soil, and in bottom sediments of the site. Indicate how the project design minimizes impacts on marine and estuarine resources. The project will result in a less intensive land use than the existing commercial operation thereby providing a net benefit to air and water quality. The project will result in a 90 percent reduction in the number of stored vessels and will completely eliminate access for trailered vessels. The project will create a surface water management system designed to meet FDEP water quality criteria for discharge to Outstanding Florida Waters. The project will create 0.82:t: acre of intertidal habitat to benefit estuarine species. The created intertidal habitat will be planted with mangrove species. Describe the changes in decibels and duration of noise generated during and after the project (both day and nighO that will exceed Collier County regulations. The current commercial operation generates loud noise levels fi'! rn fr..e~Oa~.~ri~? 9 operations, boat engine repair and testing, and an outdoor interc ~m/15~hig BEC O 2 2003 17 ~,g. operations, boat engine repair and testing, and an outdoor intercom/paging system. The proposed residential use will eliminate these noise sources. Changes in decibels and duration of noise will occur during typical construction activities. In addition, construction will take place only during the hours set forth in the Collier County Land Development Code. No noise problems are anticipated after project completion. Describe steps that will be taken to reduce noise levels during and after the project. See 7a above. c. Project compliance with Federal A id Highway Program Manual 7-7-3. See 7a above. 3.8.5.4.2 Public Facilities and Services Wastewater management Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of treatment. The proposed project shall utilize the North ~.,anty Regional Water Reclamation Facility. The plant has a capacity of 13.5 million gallons per day. Currently the plant's year to date average for wastewater treatment is 8.4 million gallons per day or 62 percent of capacity. b. If applicable, describe similar features of proposed new treatment facilities. No new treatment facilities are proposed within the project area. c. Describe the character and fate of both liquid and solid effluents. Liquid and solid effluent will be conveyed to the North County Regional Water Reclamation Facility via the on-site collection system, the county owned and maintained wastewater pump station located within an easement on the subject property, and the county transmissions system. Liquid and solid effluent will meet appropriate state and federal standards after the County Water Sewer District's treatment facility. Water supply Estimate of average daily potable and non-potable water dema? °n~~_ IDEC022003 18 .g. Iff _ bo Co The total population to be served is 258 persons (I 12 units x 2.3 residents per unit). The peak and average daily demands for the proposed community are as follows: Water-Peak: 48.74 GPM Sewer-Peak: 38.99 (}PM Source of raw water material. Average Daily: 28,074 GPD Average Daily: 22,459 GPD Potable water is supplied by Collier County Utilities from the North County Water Treatment Facility via the publicly owned distribution system. Analysis of on-site treatment systems relative to State and County standards. No new on-site treatment facilities are proposed. Solid wastes Estimate of average daily volume of solid wastes. Per Collier County Land Development Code (Section 3.15.3.27), the adequate level of service for s, ' t waste management is to provide for 1.10 tons of solid waste per capita per year. Based on 2.3 persons for 112 dwelling units (257.6 persons), the system must record a requirement for 258 persons, or 283.4 tons of solid waste generated and disposed annually at the facility (0.78 tons daily). Realistically, since the demographics of the residents show that the typical residence, will have less than 2.3 persons and being seasonal in nature, the actual generated rate will be less. b. Proposed method of disposal of solid wastes. Per Collier County Land Development Code (Section 2.6.15), a commercial hauling company licensed to transport municipal solid waste in Collier County and the State of Florida will be contracted to remove the solid waste from the subject property. Solid wastes shall be disposed of in the Collier County Landfill. c. Any plans for recycling or resource recovery. The proposed development will provide for and encourage the recycling of all materials that are able to be recycled at the domestic level within both the residential and marina facilities. The petitioner will post education material indicating which materials are able to be recycled in the residential area and at the marina. Recreation and open spaces Acreage and facilities demand resulting from the new use. DEC 0 2 2003 Co ck The subject property will consist of 2.57± acres of open space and 4.084- acres of marina including planting of native mangrove species. Calculations for the facilities demand for the open space and marina are included in the overall calculations for the demand of the entire facility (Sections 3.8.5.4.2.2.a and 3.8.5.4.2.3.a). Amount of public park/recreation land donated by the developer. The applicant has no plans for donation of land for public park or recreation area. The project will be providing public fueling facilities for watercraft and public parking facilities for Cocohatchee River Park. Management plans for any open water areas if one-half acre or more within the project. A copy of the marina management plan as prepared by Humiston and Moore Engineers is attached as Exhibit G. Plans for recreational development by the developer on dedicated lands. No recreational development other than residential amenities are anticipated at this time. Amount of public recreation lands removed from inventory by the new use. No public recreation lands will be removed from inventory by the new use. Development and/or blockage of access to public beaches and waters. There will be no blockage of access to public beaches and waters. The wet slip configuration within the existing submerged land lease will be adjusted to allow a greater passage for boats embarking from the Cocohatchee River Park. The project will provide vehicle parking spaces for Cocohatchee River Park within the boundary of the subject property. Aesthetic and Cultural Factors a. Provide documentation from the Florida Master Site File., Florida Department of State and anyprinted historic archaeological surveys that have been conducted on the project area Correspondence was received from the Florida Department of the State stating that no archaeological or historical sites are known to be present A copy of this correspondence is included as Exhibit K. DEC 0 2 2003 20 Locate any known historic or archaeological sites and their relationships to the proposed project desigr, See response to 5a. Demonstrate how the project design preserves the historic/archaeological integrity of the site. See response to 5a. Indicate any natural scenic features that might be modified by the project design and explain what actions shall be utilized to preserve aesthetic values. The project site currently provides no natural scenic features. Redevelopment will incorporate created mangrove habitat. e. Provide the basic architectural and landscaping designs. The buildings, signage, landscaping, and visible architectural infrastmctttre will be architecturally and aesthetically unified. The unified architectural theme will include a similar architectural design and use of.~' tilar materials and colors throughout all of the buildings, signs, and fences/walls ,,~ be erected on the entire subject parcel. Landscaping and streetscape mater/als will also be similar in design throughout the subject site. An architectural plan will be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. Signage will also meet the architectural standards described above. Landscaping materials will feature the use of a majority of native plants, reducing irrigation, pesticide, and fertilizer needs. Monitoring D~>s '.;~' ? the design and procedures of any proposed monitoring during and after site prepara, ion and development. Monitoring plans will be implemented for bald eagle and manatee as outlined in the management plans that have been prepared for these species. The bald eagle management plan is attached as Exhibit I. The manatee management plan is attached as Exhibit J. Water quality monitoring will be conducted during and following construction activities per the conditions of the FDEP permit and the marina management plan attached as Exhibit G. ieEE 0 2 2003 21 .,.//¢ 3.8.6.1 SPECIFICS TO ADDRESS - GENERAL INFORMATION 3.8.6.1.1 Indicate how the proposed project has incorporated the natural, aesthetic and cultural resources and other environmental considerations in the planning and design of the proposed project. The project is the site of an existing commercial development. No native habitats exist on the project. No historical or archeological resourcet are known to exist within the project site. Redevelopment will incorporate created mangrove and intertidal habitat to benefit estuarine species. Redevelopment will incorporate native plants into the landscape plan. 3.8.6.1.2 List the environmental impact(s) of the proposed action and the reason(s) that the impact(s) are unavoidable and that the impact(s) represent the minimum impacts possible to the environmental quality of the site and/or the surrounding area, which might be affected by the proposed use. The proposed action will result in the elimination of pollution generating activities relative to the current use, remediation of toxins previously released, and significant reduction in boat traffic originating from the project site. Ther~ are no native upland or wetland habitat types located within the project boundary. The project will not result in any direct impacts to endangered or threatened species. The proposed activities will result in dredging portions of the existing marina basin. There will be no impacts to mangroves. The submerged bottom within the proposed dredge area is composed of soft flocculent,, sediment. No submerged hard bottom communities or seagrasses are located within the proposed dredging area. The project will result in the creation of intertidal habitat for fish and wildlife species. 3.8.6.1.3 Provide substantiated alternatives to the proposed project so that reasons for the choice of a course o faction are clear, not arbitrary or capricious. The proposed development for this site is a land use that conforms well to the existing surrounding land use and anticipated land uses making it a clear, not arbitrary, cause of action. Alternative uses permitted under the current C-4 zoning do not offer all of the environmental benefits of a residential use listed in this document. 3.8.6.1.4 List immediate short-term impacts to the environment. Short term impacts will include increased turbidity levels resulting activities. Turbidity will be retained within the project area by mrbi¢ 22 nm rlr~cl ~ng DEC 0 2 2003 3.8.6.1.5 Attached communities including oyster will be impacted by the redevelopment of the project site. Reconfiguration of the marina and creation of mangrove habitat will create a net gain of suitable habitat for attached communities that are being displaced. List any irreversible and irretrievable commitments of natural resources which would be involved in the proposed action should it be implemented There will be no loss of natural resources resulting from project redevelopment. The project will contribute 0.82-q: acre of intertidal habitat that will be planted with mangrove species. 23 DEC 0 2 2003 //6 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001.a. Third Edition. 24 OEC 0 2 2003 ~,. 11.7 ANDREW WOODRUFF Senior Ecologist, Passarella and Associates, Inc. Environmental consultant and ecological services for private and public development, and road projects. Services include state, federal, and local wetland and wildlife permitting; agency negotiations; environmental impa~t assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design, construction observations and monitoring. Education M.S. Environmental Engineering 1993. Major: Aquatic Science University of Florida, Gainesville, Florida Thesis: Florida Springs Chemical Classification and Aquatic Biological Communities B.S. Biology 1989 Emory University, Atlanta, Georgia Experience Ecologist, Kevin L. Erwin Consulting Ecologist, Inc., Fort Myers, Florida, December 1992- August 1997. Environmental consultant to private land owners, land planners, commercial and residential developers, engineering firms, and state and federal agencies. Experience in state and federal wetland delineation, endangered species surveys, ecological monitoring, prescribed burns, gopher tortoise relocation, and land mapping. Continuing Education Basic Prescribed Fire Training. Hillsborough Community College. (1993) Florida Association of Benthologists Annual Keys Workshop. Keys Marine Laboratory, Long Key, FL. October 16-18, 1.996. · 12t~ Annual Environmental Permitting Summer School, Marco Island, FL. July 1~)98. · Shorebird Seminar with Ted Below, Rookery Bay, Naples, FL. January 1998. · Dr. David Hall, Plant Identification Workshop 1999. · Master Wildlifer Program 2003. Professional Associations Certifications Florida Association of Environmental Professionals Local Board of Directors (1999) Society of Wetland Scientists Coastal Conservation Association U.S. Power Squadron San Carlos Bay Chairman Environmental Committee (1999) Certified Wetland Delineator by the U.S. Army Corps of Engineers Certified Prescribed Burn Manager by the Florida Division of Forestry DEC 0 2 2003 August 2. 2002 RWA, Inc 3050 North Horsesh~ Dr., Suite 270 Naples, Florida 34104 To Whom R May Contel'n: Pl~as~ b~ advis~ tha~ authorization is hez~by give~ to thc firm of RWA, Inc., to act as ag~rt in all actions r~lating to thc l~rmi'aing of a r~,id~ntial land us~ on th¢ following describ~l la~ds: A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST ~A OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00~26'00'' E 30.00' TO THE NORTHEAST CORNER OF CONKI.IN POINT, A SUBDMSION RECORDED IN PLAT BOOK $, PAGE PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; ~CE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89" 16' 10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00~26'00'' W 30.00 FEET 5'0 THE NORTH LINE OF THE SoU'rHEAST 'A OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST 'A N 89°16'10'' E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE ¼ OF THE SE ¼ OF THE NE M OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.tL BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE ¼ OF THE SE ~ OF THE NE %, THENCE S 00"27'30" E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO ~ WEST HAVING A RADIUS OF 1860.0g FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CLrRVE THRU A CENTRAL ANGLE OF 7~17'35'' A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HA. VING A RADIUS OF 1960.0g FEET; THENCE NORTHERLY ALONG THE ARC OF CONTAINING 10.45 ACRES MORE OR LESS ~-Oelschlaeger EcoVenture Wiggins Pass, Ltd. STATE OF FLORIDA coU rY OF COL'_ /41 X.S ~ fore~o~g ~mt w~ ac~owl~ ~fo~ me ~ ff~ ~Y of ~ · · who ~nflly ~0~ to m~d who did n~ ~e m o~. Co~i~ N~b~ ~e~ my h~d ~d s~ ,,2oo2. ,2002, by Edward Oelschlacger, OEC 0 2 2003. Legal description of project site. DESCRIPTION: (PER DEED) A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTIqEAST CORNER OF THE SOUTI~AST 1/4 OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00o26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDMSION RECORDED IN PLAT BOOK $, PAGE 16, PUBLIC RECORDS COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKIJIN POINT S 89°16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00°26'00' W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 N 89°16'10" E 530.00 FEET TO THE POINT OF BEGINNING. THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, pUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NE CORNER OF SAID SE 1/4 OF THE SE 1/4 OF THE NE 1/4, THENCE S 00°27'30'E (ASSUMED BEARE~G) ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POI1N'T OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35'' A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7045'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CI~VE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THE? ...... ~ORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE 1/4 OF SE 1/4 OF NE 1/4; THENCE N 89O03'18'E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. cONTAEN'ING 10.45 ACRES MORE OR LESS, ALSO BEING BOUNDED AND DESCRIBED AS FOLLOWS: (PREPARED BY RWA, INC.) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS: Ac'~J~c~.~ BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST Q' JAP,~ER ~Y fl, (NE1/4) OF SECTION 17, TOWNSHIP 48 SOUTH RANGE 25 EAST, COl ~IER DEC 0 2 2003 COUNTY, FLORIDA. THENCE N.00"27'30"W., ALONG THE EAST LINE OF SAID SECTION 17 AND TIIF~ WEST RIGHT OF WAY LINE OF SR 865--A (VANDERBILT DRIVE) (100' WIDE) FOR 178.38 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY 236.77 FEET ALONG SAID WEST RIGHT OF WAY LINE AND THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 1,860.08 FEET THROUGH A CENTRAL ANGLE OF 07°17'35'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.04°06'I7"W. FOR 236.61 FEET; '"HENCE N.07°45'0s''W-, ALONG SAID WEST RIGHT OF WAY LINE FOR 150.41 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY 108.76 FEET ALONG SAID WEST RIGHT OF WAY LINE AND THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 1,960.08 FEET THROUGH A CENTRAL ANGLE OF 03010'45'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.06°09'42"W. FOR 108.75 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHEAST QUARTER (NE1/4) OF sam SECTION 17; THENCE S.89°03'18''W., ALONG SAID NORTH LINE FOR 623.25 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION 17; THENCE S.00°27'20''E., ALONG SAID WEST LINE FOR 669.79 FEET TO TH'F. SOUTH LINE OF SAID SOU'lq~AST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (NE 1/4); THENCE N.89°16'10''E., ALONG SAID SOUTH FOR 138.22 FEET THENCE S.00°26'00"E., LEAVING SAID SOUTH LINE FOR 30.00 FEET TO THE NORTH LIIVE OF TRACT 1, CONKLIN POINT AS RECORDED IN PLAT BOOK 8, PAGE 16, COLLIER COUNTY PUBLIC RECORDS; THENCE N.89°16'10''E., ALONG SAID NORTH LINE FOR 530.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 1 AND SAID WEST RIGHT OF WAY LINE; THENCE N.00°26'00''W., ALONG SAID WEST RIGHT OF WAY LINE FOR 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 455,094 SQUARE.FEET OR 10.45 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHT OF WAYS (RECORDED AND UNRECORDED, '~VRITTEN AND ~N'). BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHEAST QUARTER (NE1/4) SECTION 17, TOWNSHW 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N.00°27'30"W. DEC 0 2 2003 Coconilla Residential Towers Marina Management Plan INTRODUCTION ECO VENTURE WIGGINS PASS LIMITED is proposing redevelopment of a marina and construction of residential towers at the site currently occupied by the Wiggins Pass Marina. To provide the Department of Environmental Protection reasonable assurances that the redeveloped marina will meet water quality standards, this Marina Management Plan (MMP) is proposed to address the water quality issues associated with operating a recreational marina and fuel facility. The existing facility is a commercial marina and boatyard with approximately 450 dry storage slips, vehicle parking for owners of boats in storage, approximately 52 wet slips primarily used for transients and mooring rental boats, fuel facilities, a ships store, and it provides boat supplies and repairs. There are several environmental benet'rts associated with the redevelopment of this facility. Foremost, the very nature of the site will be changed from commercial marina and boatyard into a recreational boat basin. Boat traffic in the area v~'~ll be r~duced because all 450 dry storage slips will be eliminated. Related boat maintenance activities will also be discontinued. Additionally, the current site does not have a surface water management plan and storm water runoff from the commercial boatyard, boat storage areas, and parking areas discharges directly into the Cocohatchee River. The redevelopment Project has a storm water management plan that will meet water management guidelines for the treatment of surface waters. The boat basin which is being expanded to improve mooring facilities for the same number of wet slips also incorporates an innovative design that promotes improved flushing through the creation of .82 acres of intertidal wetlands that will assist in maintaining water quality. All docks will be constructed of modular floating concrete units moored with concrete piles. The facility will not utilize pressure treated wood other than for the wales which are attached to the sides of the concrete floats to fasten the modular units together to form piers. The timber wales are located on the sides of the floats at the upper edge where they remain above the waterline at all times. A three-year water quality monitoring program will be implemented within thirty days of completed construction to evaluate water quality within the basin.A monitoring and compliance element is included in the Management Plan to define the scope of monitoring and procedures for reviewing the results for cornpliance. An enforcement element is included to provide a understanding of the parties responsible for compliance, and to procedures for implementing corrective measures in the event that Mana Plan guidelines are not met. Finally, the Management Plan includes an ed clear define emma ~T~M element to inform resident boaters, guests, and marina staff of water quality and marina management requirements. It is the goal of ECO VENTURE WIGGINS PASS LIMITED to achieve Florida Clean Marina Program designation with the State, representing a facility where aesthetics, cleanliness and environmental concerns are the very highest priority. Best Management Practices (BMPs) are proposed activities that assist with maintaining water quality to state standards. The Management Plan is broken down into the following six elements. MONITORING AND COMPLIANCE ECO VENTURE WIGGINS PASS LIMITED will implement a three year water quality monitoring program under the direction of the Florida DEP. This program will include twice annual testing and shall provide the Department with water quality data to evaluate compliance over the life of the program. Additionally, ECO VENTURE WIGGINS PASS LIMITED shall designate an Environmental Compliance Officer (ECO) who will be responsible for water quality in the marina basin. The ECO shall answer directly to the owner, and shall remain as a permanent operating position as long as the marina is in operation. The ECO shall be responsible for all documentation and reporting and shall work pro-actively with boat club staff, resident boaters, and guests to assure full compliance with the Management Plan, all State, Federal, and local permits, and state water quality criteria. The ECO will be identified to the DEP and will be the point of contact between ECO VENTURE WIGGINS PASS LIMITED and the DEP. The ECO will take immediate action to maintain compliance with the Management Plan, all State permits and State water quality standards, reporting these actions to the DEP. The criteria for reporting to DEP will be any observable violation of the Marina Managemerrt Plan, the DEP permit, or State law or rule. The ECO will provide the DEP an annual summary report of compliance efforts within the marina. The report will include various items such as quantity numbers for oil recycled, batteries disposed of, and general information regarding compliance by boat owners and marina operating staff. This will identify any appropriately changes, which should made in the education program and in the marina operations. ENFORCEMENT Responsibility - It will be the responsibility of ECO VENTURE WIGGINS PASS LIMITED, or successor in title, for maintenance of water quality standards within the marina. It shall be the responsibility of ECO VENTURE WIGGINS PASS may !~ ...... LIMITED to identify pollution sources from within the marina that ..... ~* i'' water quality violations and to take appropriate actions to prevent occur nC~,~.~TF~ pollution from such sources. DEC 0 2003 Notification - It shall be the ECO's responsibility to monitor all boaters using the marina and overall marina operations on a daily basis. Upon observation of any noncompliance with the Rules and Regulations of ECO VENTURE WIGGINS PASS LIMITED, the Management Plan, DEP Permit, or State or local regulations, the ECO shall serve a written or verbal "Caution" statement to the violator, informing him or her of the infraction. A second infraction shall result in a written '~Narning" notice, informing the violator and the boat slip owner of a second infraction. A third infraction may result in a fine, which will include all penalties assessed by the DEP, and any cost of remediation. All Violation Notices shall be documented in the Daily Log, including the reason for the infraction. EDUCATION PROGRAM In order to implement long-term objectives to protect the environment at the ECO VENTURE WIGGINS PASS LIMITED Marina, a series of educational workshops will be held. This education program will apply to all users of the facility and focus on their role in the long-term health of the marina and surrounding area. Each workshop shall include a review of the Management Plan, discussion of non- compliance issues, and evaluation of changes to the Management Plan as appropriate, his workshcrp-~Program will include a welcome and orientation session for users of the marina, as well as continuing education for returning and long-term users of the marina. There will be one workshop per year. The program will be designed to educate the marina staff and users on environmental stewardship. The topics to be discussed will include the following: - An explanation of the consequences of bottom cleaning and zinc replacement in the basin relative to releasing heavy metals into the water. - Overview the battery recycling program, designated areas for disposal, proper techniques regarding handling of batteries over the water surface and on docks. -- Suggest boat owners not use hard abrasives or chemical treatments. - An explanation of the value of floating debris collection and recycling efforts. -- Information and instruction on fueling procedures and the long-term impacts of fuel spilling into the water. Explain methods to reduce or eliminate oil content in bilge water. DEC 0 2 2003 - Inform boat owners and operators that the cost of spill cleanup will be the responsibility of the individual responsible for the spill. - Provide information regarding proper handling and disposal of used oil products. - Explain the value of using environmentally friendly cleaning methods and products. .- Demonstrate the proper disposal of hazardous wastes such as paint, old gasoline, left over chemicals, out of date flares and paint chips. - DisCuss compliance concerns, non-compliance trends, and provide refresher discussions on areas of consistent non-compliance. - Review alt elements of the education program and discuss modifications that would make implementation of the Management Plan more effective. Employee Education - Conduct semi-annual workshops for marina employees regarding implementation, compliance, and monitoring under the Management Plan. Tailor the education program to include methods and procedures for executing the BMPs listed in the Manage'merit Plan. Include a provision within the employee handbook that requires co, ,i tiance with the all provisions of the Management Plan. BOAT BASINS MANATEE PROTECTION - The following Best Management Practices are proposed to address secondary and cumulative impacts to manatees. ISSUE: Decreasing the possibility of watercraft interaction with manatees at this location would increase manatee protection. BMP #1: Improve public awareness of manatees by posting "Caution, Manatee Awareness" signs from the marina Cocohatchee River main channel. "Idle Speed" and site out to the TIMEFRAME: Effective upon construction completion. MONITORING: Monitor signage every six months and replace when necessary. ISSUE: Manatee mortality may be reduced by the existence and enforcement of speed protection zones. BMP #2: Implement boater awareness of designated speed zones County through the Coconilla Education Workshop Program. in DEC 0 2 2003 TIMEFRAME: Effective upon construction completion. MONITORING: Review the Education Workshop for currency every year. ISSUE: Improper boating in shallow waters can damage manatee habitat such as destroying sea grass and creating trenches through seagrass meadows. The loss of sea grass habitat diminishes food supply. BMP #3: Include an element in the Education Workshop discussing the importance of manatee habitat, and how to identify and avoid these areas. Information on manatee awareness, protection, and habitat will be distributed at the annual Education Workshop. TIMEFRAME: Effective upon construction completion. MONITORING: Review the Education Workshop for currency every year. ISSUE: The need for construction personnel to avoid collisions with manatees during construction. BMP #4: Implement the Standard Manatee Protection Construction conditions issued by the State of Florida h and Wildlife Conservation Commission (FFWCC), which include instruction, of all personnel associated with the project of the presence of manatees and the need to avoid collisions with manatees. All personnel will be advised that manatees are protected under the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972 and the Florida Manatee Sanctuary Act of 1978, and that there are civil and criminal penalties for harming, harassing or killing. TIMEFRAME: Effective immediately. MONITORING: During construction of the project. ISSUE: Increase ~:'Nareness among boaters using the facility of the presence of manatees in the canal system and waterway, and the need to observe and minimize interference with these animals. BMP #5: Establish and maintain a permanent educational display at select locations to increase the awareness among boaters using the facility of the presence of manatees. TIMEFRAME: Effective immediately. MONITORING: marina. Educational displays are to be maintained for the I DEC 0 2 2003 BOAT CLEANING' Washing of Boats ISSUE: Hard abrasives, such as steel wool, or similar cleaning pads, may drive chromium treatments into the water column during cleaning of boat bright work. Use of certain soaps, detergents, and cleansers can be detrimental to the environment and degrade water quality. Products used to wash boat hulls and decks often contain toxic ingredients such as ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or lye. BMP: All boats should be maintained using the type of cleansers limited to those permitted under local, state and federal regulations. Use fresh water to clean boats after every use, minimizing the use of cleansers. Provide information to boaters regarding use of cleansers and provide recommendations for brand names that are compliant with local, state, and federal regulations. All individuals who clean boats, both professional and owners, will be provided with an educational review sheet regarding environmentally safe techniques and cleansers. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Monitor boat cleaning in the marina basins noncompliant boaters with updated information from the program. daily, and provide boater education ORGANIC ACCUMULATIONS: Biological Oxygen Demand (BOD) ISSUE: Sea grasses, mangrove leaves, other organic material, and manmade products float into the marina and settle to the bottom. This accumulated detritus decomposes in a process that extracts oxygen from the water, driving dissolved oxygen to lower levels, possibly below state, standards. BMP: Collect floating debris from the marina. Organic materials will be deposited in an approved offsite waste containment facility and manmade products will be recycled as appropriate. Additionally, the basin is designed with maximum depths which are 'less than the receiving waterway, and with intertidal areas designed to promote tidal flow through the basin. The intertidal areas should improve dissolved oxygen levels and water will flow to and from these areas under the bottom of the floating docks which will improve vertical mixing within the basin. These characteristics should reduce accumulation of organic detritus and reduce BOD, and virtually eliminate potential stagnate stratification that could contribute to Iow oxygen levels. TIMEFRAME: Effective immediately upon completion of construction. 0EC O 2 2003 MONITOR: Clean up will be monitored and reported to DEP on an annual basis. Collect debris on a daily basis during heavy periods of sea grass production in the area. Document approximate amounts of organic and recyclable materials removed and summarize results in the annual report to DEP. The purpose of quantitative estimates is to determine if alternative solutions are necessary to control debris. PETROLEUM DISTRIBUTION: Dispensing of Fuel ISSUE: Fueling operations result in small spillages of gas and diesel when fuel tanks are topped off. Even with automatic shut off dispensers, overflow through the tank vents on boats can result in some spillage into the water. BMP: Marina staff will be certified in fuel spill containment.'Staff will be trained to be observant of the fueling operation conducted by the boater. Basic instruction on fueling procedures employed by the marina and the importance of spill control will be verbally provided to each boater fueling at the dock. A sign will be posted at the fuel dock providing information on fueling procedures, emergency action required in case of a spill, and emergency contacts and phone numbers. These instructions will include, but are not limited to, the following precautions: - The boater will be required to attend to the fuel no;'e at all times to avoid spillage into the water. -- A vent collection device will be used to capture fuel that may escape from the vent. -- Surface overflow will be contained by absorbent pads rather than hoSing down the overflow fuel into the water. The absorbent pads will be disposed of in a proper disposal container. -- Install a fuel spill kit with absorbent pads and booms in a readily accessible location at the fuel dock for use by boaters. Maintain the container so that it is highly visible, easily accessible, and unlocked. TIMEFRAME: Effective upon completion of construction. PETROLEUM: Spill & Recovery Plan ISSUE: Petroleum spills cause pollution, and if not contained, can threaten aquatic plant and animal life in the surrounding waters. BMP: Marina staff will be certified in petroleum spill instructed in procedures for proper spill response, and containment, will maintain ,ill h,'~ DEC 0 2 2003 .,. petroleum containment. Precautionary measures, containment equipment, and agencies to notify will include the following: - Names, location and hours, telephone numbers and radio frequencies of the local responder, USCG, FFVVCC, State Warning Point 24 hour, and madna management will be posted on site. - Marina information including vessel characteristics, waterfront facilities, type and amount of petroleum stored, a list of spill equipmenf location and capabilities on site, and local third party cleanup organization wiil be kept in the Harbor Masters office. --Oil spills on land: Oil spills shall be collected and put into the waste container. Oil residues may be absorbed with "spill-dry" or a similar product and shall be disposed of by a waste transporter permitted to handle such wastes and records must be retained for inspection. --Fuel spills on land: Spilled diesel fuel shall be collected and placed in the waste container. Uncollectible residual amounts may be absorbed. Using "spill-dry" or other petroleum absorbent materials and shall be disposed by of a waste transporter permitted to handle such wastes, and records must be retained for inspection. Spilled gasoline shall be collected and placed in the waste container. Residues remaining an the ground may be absorbed with "spill dry" or absorbent pads, but the absorbent material must be thoroughly aerated before disposing with the regular trash to remove gasoline vapors. --Spills on water: There shall be kept on hand a floating containment boom large enough to enclose the area of surface water where a spill may reasonable occur, but with a minimum length of forty (40) feet. Petroleum absorbent materials shall also be kept available to absorb spills on the surface water. Reporting requirements for fuel spills shall be followed as per State and Federal regulatioq. PETROLEUM BYPRODUCTS: Bilge Maintenance ISSUE: The operation and maintenance of inboard engines are sources of oil and grease in bilges. Discharged bilge water, with accumulated petroleum products, is a source of pollution in marinas. BMP: Reduce or eliminate oil content in bilge water and monitor discharges. Methods to be employed by marina management will include the following: -- Educate resident and guest boaters on the importance of maintaining bilge water free of petroleum products. Encourage boaters to conduct periodic inspections of engine components and to repair leaks and eliminate spillage. -- Encourage use of absorbent pads. Make them easily available to all bo~ reasonable costs for use in minimizing oil in the bilge. Use drip par :ers ~J,~.~n~ OEC 0 2 2003 absorbent pads while draining oil from the bilge. Keep all engines well tuned; regularly check seals, gaskets, hoses and connections for leaks and drips. Place oil absorbent material or bioremediating bilge booms in the bilge. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: "Flag" or report observations of petroleum product discharge to the owner of the vessel from which the discharge originated. Require immediate inspection of the bilge by the owner to determine if oil is leaking into the bilge. Provide absorbent pads at reasonable cost to the owner to contain any oil leakage. Provide a secure vessel to transport saturated pads to a suitable upland disposal site. Provide the owner with information from the education program, and inform him or her of the availability of absorbent pads at the ship's store. If the boat owner is absent, containment booms will be placed around the boat and the owner notified of the problem. All clean-up will be at the expense of the boat owner. PETRULEUM PRODUCTS MAINTENANCE PLAN: --Storage tank and fuel system maintenance will be performed according to Collier County Code. UPLAND AREAS STORMWATER MANAGEMENT: Upland Runoff ISSUE: The existing facilities do not have a stormwater management plan in effect. Currently all stormwater is allowed to run off into marina. BMP #1: Implementation of a stormwater management plan, which will prevent untreated stormwater runoff to reach surface waters. TIMEFRAME: Effective upon completion of construction. MONITOR: Inspect stormwater systems per the approved maintenance schedule to determine if they are working properly. Remove debris and other materials that have accumulated and take any other measures necessary to maintain the stormwater systems proper function. PETROLEUM BYPRODUCTS: Used Oil and Other Petroleum Products ISSUE: Resident boaters conduct limited maintenance of their vessels their slips. Maintenance, typically changing of engine oils, oil separators, repair of injection nozzles and other routine maintenar~ within and~i~ ~r DEC 0 2 2003 contaminates and used products that require a convenient means of proper. disposal. BMP: Provide separate, appropriate, and readily accessible disposal containers for petroleum products. Containers must be managed to assure they are not contaminated with a mixture of fuel and oil. All containers storing used oil will be covered and located in an area that has a secondary form of containment, such as a perimeter berm. Maintain proper documentation regarding waste oil disposal by reporting to the Harbormaster ~,r designee. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily BATTERY MANAGEMENT: Lead Acid, and Rechargeable Batteries ISSUE: Lead acid batteries contain a wet electrolyte sulfuric acid solution, which can spill if the cell caps are removed or missing, if the battery is not properly anchored down, or if the battery case cracks. These batteries also contain several pounds of lead, which, along with the acid electrolyte, may be a contributor to elevated levels of lead in the environment. Smaller, dry cell, nickel-cadmium and sealed lead acid rechargeable batteries, if improperly discarded into the marina basins, may also contribute to degraded water quality. BMP: Educate boaters and marina staff regarding battery recycling and provide for designated, secure areas where batteries that are no longer usable can be stored for recycling. All batteries shall be stored on an impervious surface such as concrete, fiberglass or plastic, with sides to contain spilled electrolytes and under cover from rain with all cell caps in place. Handling of batteries over the water surface and on docks shall include use of.containers to hold batteries during transport to minimize potential for spillage of battery acid, or loss of batteries. The storage of batteries on docks is prohibited. Post signs in the service area and at the battery storage building to alert the public to the proper disposal procedures for lead acid and rechargeable batteries. Include the 1-800-8-BATTERY phone number for nickel-cadmium battery recycling information. Ready-made signs and fliers for these batteries may be available from the Rechargeable Battery Recycling Corporation (RBRC). Call 352-376-6693 or check the RBRC web site at www. rbrc.com for information. Include the DEP information line phone number of 1-800-741-4DEP and DEP web site at www.dep.state.fl.us for help in recycling batteries or other materials. E C 0 2 ZOO3 Place flyers in customers' bills or other correspondence on a quarterly basis reminding them of the battery disposal policies in the madna. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Inspect the battery disposal location daily for the purpose of maintaining all batteries in an upright position in the proper containment location. HAZARDOUS WASTE - Household Byproducts ISSUE - Every-day products used to maintain and operate boats and surrounding service operations may generate hazardous waste byproducts. Typical hazardous wastes generated by boaters include solvent paint waste, used batteries, mercury containing bilge pump switches, old gasoline, and out of date flares. BMP: Place ignitable paint waste and old gasoline in closed containers so the waste vapors do not escape into the air or create a fire hazard. Consider reuse before disposal. Out-of-date flares that have not been exposed to water, or that have incurred damage other than exposure to water, may be kept on the boat as long as the Coast guard required number of in-date flares in good condition are also on board. When possible, use paints that are not solvent based. Buy bilge pump switches that do not contain mercury. The marina management will provide information and locations suitable to dispose of solvent and paint waste, mercury containing bilge pump switches, old flares, old gasoline, and other potentially hazardous or toxic materials. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily. Recycle products on a monthly basis. HAZARDOUS WASTE - Liquid Material Management ISSUE: Ha-.,uc' ~s liquid materials such as waste fuel, used oil, spent solvents, and spent antifreeze can reach the marina basin if not properly handled and disposed of. BMP: Provide and maintain appropriate storage, transfer, containment, and disposal facilities for hazardous liquid material, such as used oil, harmful spent solvents, waste antifreeze and paint, and encourage recycling of these materials. Management policies as part of the second phase of the project will include the following procedures. DEC 0 2 2003 Provide separate labeled containers for the disposal of waste oil; waste gasoline; used antifreeze; and waste diesel, kerosene, and mineral spirits. (40 CFR 262.34) Provide CLEARLY MARKED designated areas for storage of hazardous materials. Build curbs, berms, or other barriers around areas used for the storage of hazardous liquid material to contain spills. Store materials in materials impervious to the type of material stored. Include overhead cover to prevent rain penetratior~. Instruct marina patrons as to the proper disposal of all liquid materials through the use of signs, mailings, and other means, insert language into slip rental agreements and service contracts requiring the disposal of hazardous liquid materials in the proper containment facilities. Provide recognition and incentives to those boaters who can document the use of proper hazardous waste management techniques. Maintain a spill contingency plan for hazardous materials. The spill response plan for hazardous materials shall be integrated into the oil spill response plan. ECO VENTURE WIGGINS PASS LIMITED will maintain an ongoing contract with Sea Spill or similar spill response provider as part of the spill contingency plan. A sign will be posted at the fuel dock outlining procedures to address a fuel or other hazardous material spill. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily for proper use. Monthly for recycling. WASTEWATER MANAGEMENT ISSUE: Boat owners may discharge wastewater into state waters if there are not pump-out facilities available. BMP: ECO VENTURE WIGGINS PASS LIMITED will construct a wastewater collection system. This collection system will provide connections to the sewage pump-out facilities and the fish cleaning station at the marina. TIMEFRAME: Effective immediately upon completion of construction. MONITORING: A record of pump-outs shall be maintained by the Harbormaster. The wastewater collection system shall be maintained and monitored by ECO VENTURE WIGGINS PASS LIMITED staff, in accordance with Manufacturer's specifications. The staff will be trained and certified in the maintenance of the wastewater collection. - DEC 0 2 2003 17-Basinger fine sand This nearly level, poorly drained soil is in sloughs and poorly defined drainageways. Individual areas are elongated and irregular in shape, and they range from 20 to 800 acres in size. The slope is 0 to 2 percent. Typically, the surface layer is grayish brown fine sand about 3 inches thick. The subsurface layer is light gray f'me sand to a depth of about 25 inches. The subsoil is brown fine sand to a depth of about 44 inches. The substratum is brown f'me sand to a depth of about 80 inches. In 95 percent of the areas mapped as Basinger fine sand, Basinger and similar soils make up 83 to 98 percent of the m~p unit. In the remaining areas, the Basinger soil makes up either a higher or lower percentage of the mapped areas. The characteristics of Malabar soils are similar to those of the Basinger soil. The dissimilar soils in this map unit are small areas of Immokalee soils on flatwoods. These soils make up 17 percent or less of the map unit. The permeability of this soil is rapid. The available water capacity is low. Under natural conditions, the seasonal high water table is within a depth of 12 inches for 3 to 6 months during most years. During the other months, the water table is below a depth of 12 inches, and it recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow, slowly moving water for about 7 days. The natural vegetation consists of scattered areas of South Florida slash pine, cypress, cabbage palm, saw palmetto, waxmyrtle, blue maidencane, sand cordgrass, pineland three, am, chalky bluestem, and St. Johnswort. This soil is poorly suited to cultivated crops because of the wetness and droughtiness. With good water-control and soil-improving measures, this soil is suitable for many fruit and vegetable crops. A water-control system is needed to remove excess water during wet seasons and to provide water through subsurface irrigation H-1 during dry seasons. Because of thc rapid permeability, the water table is difficult to maintain. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Applications of fertilizer and lime should be based on the needs of the crops. With proper water-control measures, the soil is moderately suited to citrus. A water-control system that maintains good drainage to an effective depth is needed. Planting on raised beds provides good surface and internal drainage and elevates the trees above the seasonal high water table. Planting a good grass cover crop between the trees helps to protect the soil from blowing when the trees are younger. With good water-control management, this soil is well suited to pasture. A water-control system is needed to remove excess water during the wet season. This soil is well suited to pangolagrass, bahiagrass, and clover. Excellent pastures of grass or a grass-clover mixture can be grown with good management. Regular applications of fertilizer and controlled grazing are needed for the highest possible yields. This soil is well suited to range. The dominant forage consists of blue maidencane, chalky bluestem, and bluejoint panicum. Management practices should include deferred grazing. This Basinger soil is in the Slough range site. This soil has 'severe limitations for most urban uses because of the high water table. It has severe limitations for septic tank absorption fields because of wetness and poor filtration. Building sites and septic tank absorption fields should be mounded to overcome these limitations. This soil also has severe limitations for recreational development because of wetness and the sandy texture. The problems associated with wetness can be corrected by providing adequate drainage and drainage outlets to control the high water table. The sandy texture can be overcome by adding suitable topsoil or by resurfacing the area. This Basinger subclass IVw. soil is DEC 0 2 2003. 33-Urban land-Holopaw-Basinger complex These areas of Urban land and nearly level, poorly drained soils are in urban areas. Individual areas are blocky to irregular in shape, and they range from 20 to 500 acres in size. Typically, Urban land consists of commercial buildings, houses, parking lots, streets, sidewalks, recreational areas, shopping centers, and other urban structures where the soil cannot be observed. Typically, the Hoiopaw soil has a surface layer of dark gray f'me sand about 5 inches thick. The subsurface layer is fine sand to a depth of about 52 inches. The upper part of the subsurface layer is light gray, and the lower part is light brownish gray. The subsoil extends to a depth of about 62 inches. The upper part of the subsoil is dark grayish brown f'me sand, and the lower part is dark grayish brown f'me sandy loam. The substratum is gray loamy f'me sand to a depth of about 80 inches. Typically, the Basinger soil has a surface layer of grayish brown fine sand about 3 inches thick. The subsurface layer is light gray fine sand to a depth of about 25 inches. The subsoil is brown fine sand to a depth of about 44 inches. The substratum is brown t'me sand to a depth of about 80 inches. In 90 percent of the areas mapped as Urban land-Holopaw-Basinger complex, Urban land makes up about 45 percent of the unit, the Holopaw soil makes up about 35 percent, and the Basinger soil makes up about 20 percent. In the remaining areas, the major components make up either a higher or lower percentage of the mapped areas. They occur as areas so intricately mixed or so small that mapping them separately was not practical. The Holopaw and Basinger soils may have been filled or reworked to accommodate urban land uses. The permeability in the Holopaw soil is moderate to moderately slow, and the available water capacity is moderate. The permeability in the Basinger soil is rapid, and the available water capacity is low. Under natural conditions, the seasonal high H-2 water table is within a depth of 12 inches for 3 to 6 months during most years. During the other months, the water table is below a depth of 12 inches, and it recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow, slowly moving water for about 7 days. Most areas have had a drainage system installed to help to control the seasonal high water table and the runoff. The present land use precludes the use of this map unit for cultivated crops, citrus, or tame pasture. Because of the complexity of this map unit, onsite investigations should be made for urban and recreational development and for septic tank absorption fields. This map unit has not been assigned a capability subclass. DEC 0 2 2003 35-Urban land-Aquents complex, organic substrntum This map unit consists of Urban land and soil materials that have been dug from different areas in the county and have been spread over the muck soils for coastal urban development- Individual areas are blocky to irregular in shape, and they range from 20 to 300 acres in size. The slope is 0 to 9_ percent. Typically, Urban land consists of commercial buildings, houses, parking lots, streets, sidewalks, recreational areas, shopping centers, and other urban structures where the soil cannot be observed. The depth of fill material used in the construction of urban areas ranges from 30 to more than 80 inches. No single pedon represents Aquents, but a common profile has a surface layer of mixed yellowish brown, light gray, and grayish brown fine sand that has about 15 percent limestone pebbles and shell f-: unents to ade, p~th of 38 inches. Below ! ~, to a depth of"gb~inches or more, is dark reddish brown muck. In 90 percent of the areas mapped as Urban land-Aquents complex, organic substratum, Urban land makes up 60 to 75 percent of the unit and Aquents make up 26 to 40 percent. In the remaining areas, the major components make up either a higher or lower percentage of the mapped areas. Included in mapping are areas that do not have gravelly fill and may contain layers of sandy loam or sandy clay loam fill. The depth to the water table varies depending upon the amount of fill material and the extent of artificial drainage in a mapped area. The present land use precludes the use of this map unit for other uses. Because of the complexity of fids map unit, onsite investigations should be made for urban and recreational development and for septic tank absorption fields. This map unit has not been assigned a capability subclass. 39-Satellite fine sand H-3 This nearly level, somewhat poorly drained soil is on low coastal ridges. Individual areas ar~ elongated and irregular in shape, and they range from 10 to 400 acres in size. The slope is 0 to 2 percent. Typically, the surface layer is gray fine sand about 3 inches thick. The substratum is light gray to white fine sand to a depth of about 80 inches. In 95 percent of the areas mapped as Satellite fine sand, the Satellite soil makes up 81 to 100 percent of the map unit. In the remaining areas, it makes up either a higher or lower percentage of the mapped areas. The dissimilar soils in this map unit ar~ small areas of OIdsmar soils in landscape positions similar to those of the Satellite soil. The permeability of this soil is very rapid. The available water capacity is very low. Under natural conditions, the seasonal high water table is at a depth of 18 to 42 inches for 1 to 6 months during most years. During the other months, the water table is below a depth of 40 inches. The natural vegetation consists of Florida rosemary, sand live oak, South Florida slash pine, saw palmetto, prickly pear, pineland threeawn, and creeping bluestem. This soil is poorly suited to cultivated crops because of-the droughtiness. The number of adapted crops is limited unless very intensive management practices are used. With good water-control and soil-improving measures, this soil is suitable for many fruit and vegetable crops. A water- control system is needed to remove excess water during wet seasons and to provide water through subsurface irrigation during dry seasons. Because of the rapid permeability, the water table is difficult to maintain. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Applications of fertilizer and lime should be based on the needs of the crops. With proper water-conU soil is well suited to citrus ,1 metai~N~ ~ A ,09~ter~n~! t° ~r'~ DEC 0 2 2003. system that maintains good drainage to an effective depth is needed. Planting on raised beds provides good surface and internal drainage and elevates the trees above the seasonal high water table. Planting a good grass cover crop between the trees helps to protect the soil from blowing when the trees are younger. This soil is moderately suited to pasture. Pangolagrass and bahiagrass are adapted species, but they produce only fair yields with good management. Regular applications of fertilizer and controlled grazing are needed for the highest possible yields. This soil is poorly suited to range. The dominant forage consists of creeping bluestem, lopsided indiangrass, pineland threeawn, and chalky bluestem. The dense growth of scrubby oaks, saw palmetto, and other shrubs dominates the desirable forage. Management practices should include deferred grazing and brush control. Livestock usually do not use this range site, except for protection and as dry-bedding ground during the wet seasons. This Satellite soil is in the Sand Pine Scrub range site. This soil has severe limitations for most urban uses because of wetness and droughtiness. It has severe limitations for septic tank absorption fields because of wemess and poor filtration. If this soil is used as a septic tank absorption field, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil also has severe limitations because of wetness and the sandy texture; however, with proper drainage to remove excess surface water during wet periods, many of the effects of the wetness can be overcome. Suitable topsoil or other material should be added to improve trafficability. This Satellite soil is in capability subclass Vis. 40-Durbin and Wulfert mucks, frequently flooded H-4 These level, very poorly drained soils am in tidal mangrove swamps. Individual areas are elongated and irregular in shape, and they range from 50 to 1,000 acres in size. The slopes are 0 to 1 percent. Typically, the Durbin soil has a surface soil of dark reddish brown to black muck about 63 inches thick. The substratum is dark gray fine sand to a depth of about go inches. Typically, the Wulfert soil has a surface soil of dark reddish brown to black muck about 40 inches thick. The substratum is dark gray fine sand to a depth of about 80 inches. Mapped areas can consist entirely of the Durbin soil, entirely of the Wulfert soil, or any combination of the two soils. The two soils were not separated in mapping because of similar management needs resulting from the tidal flooding. The dissimilar soils in this map unit are small areas of Kesson and Pennsuco soils in similar landscape positions. These soils make up about 0 to I0 percent of the unit. The permeability in the Durbin soil is rapid, and the available water capacity is high. The permeability in the Wulfert soil is rapid, and the available water capacity is moderate. The water table fluctuates with the tide. It is within a depth of 12 inches for most of the year. The soil is subject to tidal flooding. The natural vegetati6n consists of red, white, and black mangroves. These soils are not suited to citrus, cultivated crops, or tame pasture because of the flooding and the high content of salts. These soils have severe limitations for urban and recreational development and septic tank absorption fields. Extensive measures must be taken for urban uses. Adequate drainage outlets are not available, and the cost of site improvement generally outweighs the benefits of urban development in areas of these soils. The Durbin and Wulfert soils are in capability subclass VIIIw. t~.~x~:)~T~ DEC 0 2 2003 RE-SUBMITTAL PUDZ-2002-AR-3158 PROJECT #2002070024 DATE: 4/7/03 FRED REISCHL COCONILLA RESIDENTIAL TOWERS MANATEE PROTECTION PLAN MARCH 2003 PREPARED FOR E~ ~ GROUP Wt~6GINS PASS LIMITED PREPARED BY HUMISTON & MOORE ENGINEERS DEC ~ 2 2g~3 n..,, This plan is provided in accordance with the recommendations of the May 1995 Collier County Manatee Protection Plan. Marina management meetings with boat owners and all personnel involved with the marina will be held to outline the manatee protection laws. The purpose of the meeting will be to explain the laws to the owners, penalties for violating the laws, and the need to report all collisions with manatees. All vessel operators using the marina or associated with the madna will be advised to stay within the marked channel, avoid shallow areas, and operate in deep water. If operating in an area with less than three feet clearance, idle speed must be maintained. The channel outside the marina is clearly marked as shown in figure 3 and vessels should operate within the posted speed limits while in the channel. Seagrass areas have also been marked, and should be avoided. Currently there are four signs installed on the property regarding manatees (see figure 3): two large informative sign.s and two manatee area caution signs on the docks. These signs will be maintained in a prominent location to make boaters aware of the manatee's presence. Figure 1. Manatee Awareness Signs. Page I of 3 DEC 0 2 2003 There are two large metal displays titled "Manatee Basics for Boaters" and "West Indian Manatee Fact Sheet", describing manatee habits, habitat, and procedures for boaters to follow to protect manatees. This permanent educational display will be maintained by marina management in a prominent location within the marina. Figure 2. Manatee Educational Display. Educational literature on the manatee and its habitat shall be distributed to the users of the facility. An example of literature is attached and will be provided as part of a welcoming package to the marina and available in the marina store. Page 2 of 3 AGENDA ITEik~ ~, DEC 0 2 2003 PAGI~ 3 ~F :3 i: COCONILLA PUD BALD EAGLE MANAGEMENT PLAN Revised May 28, 2003 INTRODUCTION This bald eagle management plan has been prepared for the 10.454. acre Coconilla PUD (Projec0 located in the northwest comer of the intersection of Vanderbilt Drive and Wiggins Pass Road in Section 17, Township 48 South, Range 25 East, Collier County. This bald eagle management plan has been prepared to address conservation measures for active bald eagle nest CO-019 located offo'fthe Project. This bald eagle management plan has been prepared to comply with U.S. Fish and Wildlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida Fish and Wildlife Conservation Commission and USFWS. PROJECT DESCRIPTION The current active nest for bald eagle nesting territory CO-019 is located app: ..~:irnately 830 feet northwest of the Project boundary. The Project is located partially within and just beyond the 1,500 foot secondary protection zone. An aerial photograph (scale 1' = 500~) with project boundary and eagle nest overlay is attached. The Project will be located southeast of the bald eagle nest site and outside of any primary flight paths. Primary flight paths to foraging grounds occur towards open water located southwest, west, and northwest of the eagle nest. The Project will result in the removal and redevelopment of the existing Wiggins Pass Marina. Wiggins Pass Marina is the site of a currently active commercial development that provides 450 dry storage boat slips and 52 wet slips, launch facilities, full service repair facilities, boat rentals, and public fueling facilities. Existing structures include four large buildings, a ship's store, and public fueling facilities. Large diesel powered forklifts facilitate launch of stored vessels. The boat repair facilities store and use chemicals toxic to fish and wildlife including oils, detergents, solvents, and paints. There are no native upland or wetland habitat types located within the Project boundary. There is no bald eagle management plan for the existing commercial operation. Following removal of the existing marina facilities, major activities associated with Project development will include dredging of the existing boat basin; excavation in uplands to create an expanded marina basin; construction of one residential tower and ten residential villas; construction of a marina store and fuel facility; and construction of associated infrastructure including utilities, parking, lighting, surface water management system, and landscaping. The Project will result in the removal of the boat repair facilities and the 450 dry storat e si- ' ' Project will reconfigure the existing 52 wet slips. ~ DEC 0 2 2003 I-1 ~,g. /¢,2D BALD EAGLE MANAGEMENT PLAN The following specific elements of the bald eagle management plan address proposed activiti~ occurring within the secondary protection zone identified on the Project as occurring between 830 and 1,500 feet of the active nest site. Limitations on construction activities during the nesting season will remain in effect until a determination of loss of nest or abandonment is made per the USFWS Guidelines. 1. During the nesting season (October 1 to May 13), a USFWS approved observer will be present to monitor eagle behavioral response to all approved exterior and vertical construction activities occurring within the secondary protection zone. Construction monitoring during the nesting season will be conducted in accordance with the draft 2002 USFWS monitoring guidelines. 2. Interior and finish construction activities (e.g., drywall, painting, stucco, electrical, plumbing, landscaping, etc.) may occur during the nesting season in the absence of an eagle monitoring protocol. 3. Removal of existing commercial buildings will occur during the non-nesting season (May 16 to September 30). Cleanup activities following removal activities may occur during the nesting season with a USFWS approved monitoring protocol to evaluate eagle behavioral response. 4. Erection of cranes used in vertical construction of the residential tower will occur during the non-nesting season (May 16 to September 30). All other activities associated with tower construction may proceed during the nesting season (October 1 to May 15) accompanied by a USWFS approved observer. Residential tower construction will be limited to a height of 22 stories over parking. Auger-cast piles will be used to construct the foundation for the residential tower. 5. Marina basin excavation and pile driving construction activities will be limited to the non- · nesting season (May 16 to September 30). 6. Exterior lights on the north side of the Project will be directed downwards or shielded to minimize glare from being directed towards the nesting area. 7. During the exterior construction phase, annual nesting season bald eagle monitoring reports will be submitted to the USFWS for review. The bald eagle monitoring reports will be used as a basis for evaluating any proposed changes to construction phases or techniques in subsequent nesting seasons. I-2 U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. I-3 BEC 0 2 2003 FIGURE APPROXIIflATE EAGLE NEST LOCATION 750 FOOT BUFFER ZONE 1500 FOOT BUFFER ZONE BOUNDARY WITH EAGLE COCONILLA PUD PASSARELLA NEST OVERLAY and Consulting NOTESL AERIAL FLOWN BY A~RI/~.$ ~, INC. WITH A FLIGHT DATE OF NOVEHBER PROPERTY BOUNDN:~Y PER RWA. INC. DRAWING NO. ZOOISXl7.DWG O&TEO APRIL I/*, LOCATION OF EAGLE NEST FROH DRAWINGS PREP/tRED BY ~ & ASSOCIATES, INC. RIS-~ ULiiVlII IAI., PUDZ-2002-AR-3158 PROJECT #2002070024 DATE: 4/7/03 FRED REISCHL Prepared for: Ecogroup Inc. 601 Bayshore Blvd Suite 960 Tampa, FL 33606 Prepared By FEASINOMICS, INC. 5020 Tamiami Trail North, Suite 120 Naples, FL 34103 239-649-7733 Phone 239-434-8366 Fax www. Feasinomics.com- Homepage DEC O 2 2003 /qb January 23, 2003 Ecx~roup Inc. 601 Bayshore Bird Suite 960 Tampa, FL 33606 Attention: Mr. Ed Oelschlaeger RE: Wiggins Pass Community Dear Mr. Oelschlaeger, In accordance with your request, we have prepared an evaluation of the economic and fiscal impacts of the proposed community located at the Wiggins Pass in North Naples. Collier County Demographic Profile This section of the report will give you a historical perspective of Collier County demographic growth, including population, income, development trends, land use, transportation and seasonal trends. This historical overview will be used to assist in the growth forecasted outlined in the steps below. Collier County Macroeconomics Analysis This report will outline the general macroeconomic trends for Collier County and provide you with our summary conclusions. The Supply Component trends are i!!ustrated by reviewing the building permit activity over the past 10 years for Collier County. Each of the permits are further segregated by geographic planning district boundary which allows us to review the growth within each community or region of the counties. The Demand Component trends are illustrated by reviewing the sales activity over the past 5 years for Collier Counties. This in-depth analysis reviews the sales by location, (planning district) and by product use, (Single Family and Multi- family product). Objective of the Economics and Fiscal Impact Study The objective of the study is to determine and evaluate the economic and fiscal impacts of development of the subject site based on its current and the proposed USe. © 2003 Feas inomics~, Inc, All Rights Reserved Intended Use of the Study The intended use of the study is to show the vadance between each development scenario. The study will be used for internal planning purposes and as part of the submission for approval of a development order. Scope of the Study The scope of the study is developed based on achieving the objective outlined above in the report purpose. Economic and fiscal impact timelines will be based on market sales and product pdcing assumptions furnished by the client. Economic Impact The economic impact portion of the report will use market based demographic data to estimate disposable income of the residents who would live at the subject location. After the disposable income estimates have been determined, we will estimate the economic impact for all goods and service categories. Fiscal Impact The fiscal impact portion of the report will determine the impact fee generation for the project and estimate the real estate tax generation for the project based on the annual sales pace. Total Impacts will be estimated on an annual basis using pdcing and sales pace assumptions provided by the client. Please be aware of the assumptions and limiting conditions, which are made as part of this report. It has been a pleasure to serve you and we thank you for the opportunity to be included as part of your team. If you have any further questions regarding this report, please feel free to contact us. Sincerely, FEASINOMICS ~ INC. / ! Michael J. Timmerman, SPA St. Cert. Res.REA 0001331 CEO & President © 2003 Feas inomics~, Inc. All Rights Reserved G. Russell Weyer Consultant 3/5O AOE:NOA IT,d DEC 0 2 2003 TABLE OF CONTENTS 2001 COLLIER COUNTY DEMOGRAPHIC PROFILE ................ 6 DEMOGRAPmC PROFILE ................................................................................................................................................ 7 HOUS~ ~~ ~ ................................................................................................................................. 10 ~CROECONO~C ~YS ~ ...... 11 ~ODU~ON ............................................................................................................................................................ 11 S~Y ~~ ................................................................................................................................................... 11 Colder Co~ $ingle Fami~ Pe~it ~nalys~ ................................................................................................... 13 Collier.Coun~ Single Fami~ M~t ~ncl~io~ ............................................................................................ / 4 Col~ Co~ M~ff ~ami~ M~ ..................................................................................................................... 14 Collar C~ M~-f~ily Mar~t Concl~io~ .............................................................................................. ~ 6 ~N~USIO~ FORM A~NO~C S~Y ~~ .................................................................................. 1 ~ D~ ~~ ................................................................................................................................................ 17 ~~ D~ ~ ~R CO~ ~ ~ ~ .................................................................................. 19 To~l Supply Collier Coun~ ................................................................................................................................. ~ 9 Collier ~ to S~ply Ra~o ............................................................................................................................... 20 Colli~ Pipeli~ ~1~ w Closing Ra~o ................................................................................................................ 20 ~ .I.~ ~ ~~ ~ CON~US1ONK ..................................................................................... 21 N~ ~O~ ~ ~R~ BY S~ V~ BY ~G ~ ....................................................... 21 S~LY ~D ~ ~N~USIONK ....................................................................................................................... HOUS~G ~T ~AL~ .......................................................................... 23 ~ ~ ~ ~O~ ........................................................................................................................ 24 Single -F~ily D~i~ ............................................................................................................................................ 24 Condominium Desi~ ......................................................................... .'. ................................................................ 25 ~G~ST ~ BEST US~. ~ ...... -~-,27 ~A~ ~E C~A~NS ............ 28 ~A~ ~ ~ .................................................................................................................................................. 30 Sc~a~o ~ [mpact Fe~ ......................................................................................................................................... Sc~o 2 7mpact Fe~ ......................................................................................................................................... 32 $c~a~o 3/mp~t Fe~ ......................................................................................................................................... 3 ~ PROPER~ ~GE ~ ......... · ........ 34 ECONO~C ~ACT ~Y~ ...... , ......... -34 LOC~ ~T ~ACTS ........ .~37 DE--IONS OF DESIGN ................................................................... ~--~ [ ' ~2~3 Feasinomi~, Inc. ~1R~gh~ R~e~ed 4/~ ~ ~E~ 0 2 Z003 PRODUCT I]~__.~ON I:)E~,rtTIONS ................................................................................................................................. 38 COlvllvl'L,~"~ TYPE DEFII'~rIoN$ ................................................................................................................................ 42 UNDERLYING ASSUMPTIONS AND LIM1TLNG CONDITIONS ................................................. : ..... 44 CERTIFICATION OF MARKET STUDY. RESTRICTION UPON DIS CLOSURE AND USE- ~. QUALIFICATIONS OF THE CONSULTANT ..................... COPYRIGHT, TRADEMARK AND LEGAL DISCLAIMER TERMS AND CONDITIONS OF USF_,-.~ ~46 ........................ 47 .... 48 SO -51 © 2003 Feas inomics~, Inc. All Rights Reserved 5/51 AGENDA I.~4 DEC 0 2 2003 2001 COLLIER COUNTY DEMOGRAPHIC PROFILE Overview Collier County is located in Southwest Florida. It is bordered to the north by Lee and Hendry counties and to the east by Broward and Miami-Dade counties. Collier is currently the state of Florida's 18th most populated county. Collier's population is 265,769 according to the most recent Census Bureau estimates as of July 1, 2001. The Naples MSA, which includes all of Collier County, is the 2"d fastest growing metropolitan market in the nation. Collier County's population increased 65 percent from 1990 to 2000, adding 99,278 persons to the total population. Dudng the winter season, which typically lasts from November through Apdl, Collier's population rises by an estimated one-third. Collier County is connected to the Interstate 75 transportation network that connects Collier to Tampa to the north and to Miami to the east. A $386 million expansion of Southwest Flodda International Airport is in progress and is expected to be completed in 2005. Southwest Florida International Airport is one of the nation's fastest growing airports, serving more than 5 million passengers each year since 2000. 6/51 © 2003 Feas inomi~, Inc, All Rights Reserved DEC 0 2 2003 The demographic profile is a compilation of population, household and income statistics from the Census Bureau and other national data sources. Below is the demographic profile for Collier County and the State of Florida for comparison. Demographic Profile Collier Florida Population, 2001 eslJmate 265,769 16,396,515 Population, 2000 Census 251,377 15,982,378 Population, percent chan~le, Apdl 1, 2000 - Juh~ 1, 2001 5.7% 2.6% Population~ 1990 152~099 12,938~071~ Population, percent chan.qe 1990 to 2000 65.3% 23.5% Population~ numeric chan~e 1990 to 2000 99,278 3,044~307 Median A~]e, 2000 44.1 38.7 Population under 18 19.9~ 22.8% Population 65 and over 24.5% 17.6% Households, 2000 102,973 6,337,920 Persons Per Household~ 2000 2.39 2.46 Median Household Income, 1999 $48289 $38,819 ,Per Capita Income, 2000 $zlO,121 $27,76~.. Effective Buying Income (EBI), 2002 $8,099,309,000 $310,875,218,000 Median Household EBI, 2002 ,~47,548 $35,363 Land Area (square miles) - ,. 2,025 53,927 Persons per square mile, 2001 131.2 304.1 Persons per square mile, 1990 75.1 239.9 Source: U.S. Census Bureau; 2002 Survey of Buying Power The most recent Census Bureau population estimates indicate there are 265,769 persons living year-round in Collier County and its communities of Naples, Everglades City, Golden Gate, Immokalee and Marco Island. Collier County has been the 2"d fastest growing metro market in the U.S. since the 1980 Census. Collier's population figures are expected to increase as new development arises in northem and southern Collier County. According to the University of Florida Bureau of Economic and Business Research, Collier's population is projected to reach 536,900 by the year 2030. The median age in Collier County of 44.1 years is 5.4 years higher than the state's median age of 38.7 years. Currently, working age people (18-64) make up 56 percent of the population. As of the 2000 Census, there were a total of 102,973 households in Collier County with a median household income of $48,289. This is 24 percent higher than the median household income for Florida, which is $38,819. Collier County has a total land area of 2,025 square miles with 131 persons per square mile versus 304 persons per square mile for the State. © 2003 Feas inornics~), Inc. All Rights Reserved 7/51 OEC 0 2 2003 Econon~ Pmfle The economic profile provides a snapshot of the economic strength of Collier County and the State of Florida. It includes information on total labor force, employment, unemployment rate, retail sales, employment by industry and largest employers. Economic Profile Collier Florida Population, 2001 Estimate 265,769 16,396,515 Labor Force, 2001 108,014 7,674,000 Labor Force, 2000 100,339 7,490,00(~ Labor Force, 1990 72,944 6,468,00C Labor Force, percent chan,qe 1990 to 2000 37.6% 15.8~ Labor Force, numedc change 1990 to 2000 27,395 1,022,00C Labor Force Participation Rate, 2001 41% 47% Employment, 2001 103,793 7,309,00~ Employment, 2000 96 ~826 7~221 ~000 Emplo~/ment, 1990 69,063 6,078,000 EmpIo~nent~ percent chan,qe 1990 to 2000 40.25 18.8% UnempIo~/ment Rate, 2000 3.5% 3.6% Unemployment Rate, 2001 3.9% 4.8% Mean Travel Time to Work {minutes) 24.0 26.2 Retail Sales, 2002 $4,484,728,000 $211,717,499,000 Retail Sales, 2001 $4,325,671,000 $213,757,056,000 Retail Sales, per capita 2001 $16,276 $13,037 Source: U.S. Census Bureau; 2002 Survey of Buying Power, Florida Labor Market Stafistic~ 2002 The total labor force in Collier County was 108,014 in 2001. Dudng the ten year period from 1990 to 2000, Collier's labor force grew 37.6 percent, compared to Florida's labor force growth rate of 15.8 percent dudng the same time period. The labor force participation rate in Collier County is lower than the state of Florida due to the number of retired baDy boomers in Collier County. The labor participation is expected to increase 'as new transportation and education infrastructures related to the expansion of Southwest Flodda Intemational Airport and Flodda Gulf Coast University mature. Local employers in Collier County are able to draw from the five-county Southwest Flodda region of Lee, Collier, Charlotte, Glades and Hendry counties. The labor force of the region is 351,483 people and is projected to grow 24 percent between 2000 and 2010. The average travel time to work for Collier County's labor force is 24 minutes, slightly lower than Florida's overall average travel time to work of 26.2 minutes. © 2003 Feas inomics~, Inc. All Rights Reserved 8/51 DEC 0 2 2003. The economic structure of Collier County is very similar to Florida. The three largest private sector industries are services, retail and construction for both Collier County and Flodda. In Collier County, 68 percent of the total employment is within these three industries. Employment by Industry, 2000 100% ~ · Mining · Transp 80% ~ : · Manufaclz~ing 60% ~ · F/I/PJE 40% ~ · Agriculture B Governrnent 20% n Construction · Retail 0% Florida Collier Source: Florida Department of Labor and Employment Securify, Labor Market Information, 2002 While Collier County's unemployment rate has historically been Iow (3.9 percent in 2001) underemployment allows businesses offering higher paying jobs to draw from a large labor pool. Florida Gulf Coast University, the ,-.te's tenth and newest university, opened in August 1997 to serve the higher education needs of the business community of Collier County and Southwest Flodda. The university will continue to be a catalyst for new commerce growth in the next ten years. Total retail sales in Collier County were close to $4.5 billion in 2002. Retail sales per capita for Collier County were $16,276 in 2001 compared to Florida's retail sales per capita of $13,037. Located below is a list of the major employers with more than 800 employees. Source: Dun & Br~dstreet, iMarket /nc., 2002 © 2003 Feas inomics~, Inc. All Rights Reserved 9/51 No. o-[~ DEC 0 2 2003 The housing profile is based on 2000 Census data. The comparison provides information on total housing units, occupancy status, household type, and homeownership rates. © 2003 Feas inomics~, Inc. All Rights Reserved Cotll~, Fiorkia Total Housing Unlta, 2000 144~536 7,302,947 Occupied housinfj units .71.2% 86.8% Vacant housing units 28.8% 13.2~ Occupied housing unlta, 2000 102,973 6,337,929 Owner-occupied housing units 75.6% 70.1 ~ Renter-occupied housin~l units 24.4% 29.9% Vacant housing unlta, 2000 41,563 965,018 For rent 6.6% 20.2% For sale onl~ 5.0% 10.5~ Rented or sold, not occupied 2.8% 5.5~ For seasonal~ recreationalI or occasional use 82,6% 50.0% For migratory workers 0.2% 0.2~ Other vacant 2.8% 13% Households b~ T~pet 2000 1~2r973 6~337t929 Family Households 69.2% 66.4% Non Family Households 30.8% 33.6~/ I Homeownership Rater 2000 75.6% 70.1% Source: U.S. Census Bureau, 2000 Census According to the U.S. Census Bureau, there were 144,536 housing units in Collier County in 2000. Of these housing units, 71.2 percent were occupied and 28.8 percent were vacant. Collier County's vacancy rate of 28.8 percent is significantly higher than the overall state vacancy rate of 13.2 percent. Of the total occupied housing units in Collier County, 75.6 percent are owner- occupied while 24.4 percent are renter-occupied. A housing unit is owner occupied if the owner lives in the unit even if it is mortgaged or not fully paid for. A renter-occupied housing unit includes all occupied units that are not owner- occupied, whether they are rented for cash or occupied without payment of rent. Collier County has a higher owner-occupied rate of 75.6 percent compared to Florida's 70.1 percent. Of the vacant housing units in Collier County, 82.6 percent are for seasonal, recreational or occasional use versus only 50 percent in the State of Florida. This is due primarily to the strong tourism and seasonal resident market in Collier County that attracts visitors to the area year-round. 10/5 BEg 0 2 2003 MACROECONOMIC ANALYSIS The Macroeconomic analysis provides insight into the Collier County supply and demand trends by reviewing pertinent permit and sales data. The supply component reflects the permit trends for Collier County as segregated by submarket and by product type, either single family or multi-family. By segregating the data into submarkets (according to planning districts), it is easier to isolate which submarkets are capturing the greatest permit activity, and for what product type. After isolating the trends for each submarket, a conclusion explaining an overall analysis of the supply trends is given. The demand component of the macroeconomic analysis reviews the sales data for new product in the marketplace. This data is presented using the same submarkets as the supply component so that a comparison of each side of the economic picture can be made. The demand analysis reflects the closed sales volume and pipeline sales volume through the 3rd Quarter of 2002. This analysis will show which sub-markets are capturing current demand with the pipeline showing what areas are seeing future growth. Finally, a comparison of the supply and demand factors for each submarket will be presented with conclusions on what submarkets are experiencing the most overall activity. These conclusions will answer the following questions; VVhat submarket is capturing the most market share? What product type within that submarket is capturing the most market share? What submarket has the greatest pipeline market share and why? The supply component reviews the permitted units for Collier County and their respective submarkets. There are ten planning districts designated by the Collier County Planning Depar'0'nent that segregate Collier County. Each of the municir~lities' geographically codes the permit data using these districts. For purp .... ,-I this report, the districts will be referred to as submarkets. Single family and multi-family product types separate the permit data. Single- family designs would include any detached one unit residential structure while multi-family includes any multi-unit structure, which has attached walls. The data referenced in the chart reflects all 10 years with the graphs reflecting the past 5 years. Located below is a map showing the submarkets for both Lee and Collier Counties. © 2003 Feas inomics~, Inc. All Rights Reserved 11/51 DEC 0 2 2003. .g., / .5-G_ PINE SAHIBm. Submarket Map 2003 Feas inomics~, Inc. All Rights Reserved 12151 DEC 0 2 2003. Located below is a graph showing the historical single family permit activity for Collier County from 1990 to the end of 2001. This report illustrates the data as segregated by submarkets to illustrate the annual permit patterns. Collier Single Family Permittsd Untls by Planning District ~ ~,,,.,,~ ~ 263 213 23~i 217 258 294 334 417 31~ ~2t g~' 97a 4.~Ii ~ ~-~ 74 ~ BE ~ 1~ 81 1~ 1M 118 ~s ~ ~ ~1~ ~ N~ 71 51 61 ~ ~ 80 82 69 ~ 78 1~ ~ ~ ~ g4 132 113 ~ 1~ 130 1~ 119 ~ 1~ 417 279 ~1~ R~F~ ~ 313 353 ~ ~ 305 411 ~3 ~ 7~ 7~ 7~ 1~ ~ 99 47 49 51 ~ 77 38 47 ~ ~ ~ ] ~ Tc~l 1,~11 3'17 742 ~,,7~ % c4' Tc~ld 2~41% 1~.74~ 7.3~A 1.23% C4dilr IF! © 2003 Feas inornics~, Inc. All Rights Reserved ~ sho~ ~m ~is da~ and ~a~, ~e NoKh Naples, U~an Es~tes and Rural Es~tes subma~ets have histofi~lly pr~u~ ~e majo~ of ~e single-family development in Collier ~un~. The No~ Naples and U~an Es~t~ subma~e~ am I~t~ no~ of Pine Ridge Road and West of SR 951, in ~e no.em haE of ~e ~un~. ~ese ~o subma~e~ offer development of ~ single ~mi~ and multi-fami~ produ~. The Rural Es~tes subma~et is Io~t~ pdmad~ in ~lden Gate Es~tes, whi~ offem la~e ~ac~ of land ranging ~m 1.25 to over 5 acres for single-family development. Within the Rural Es~tes subma~et, ~em are ve~ few par~ls of land available for assemblage. Cu~nfly, lands I~t~ ou~ide of ~e u~an bounda~ (1 mile east of SR 951) am under a s~te-mandat~ ~ DEC 02 2003 moratorium. This area is under a study by the state for alleged Growth Management Plan violations. Concentrating on the statistics for 2001, we find that there were several submarkets that saw a reduction in permits from the previous year. This is the first year, since 1998, that there has been a decrease in the annual permits. Typically, the annual permit trend reflects a year of increases followed by a year of decreases. This wavelike trend reflects the buildup and sell-off of new homes in the markeL The 2001 decrease over 2000 was 10.45%, the largest 1-year reduction since 1990. This decrease was most noted in North Naples, East Naples and South Naples. The areas that remained consistent from last year were Urban Estates and Rural Estates. These submarkets are enjoying good permit activity due to their convenient location and reasonable pricing. Based upon the data presented above, it appears the supply of new single-family homes is shifting to the more affordable areas of Collier County, (i.e. Rural Estates, Urban Estates). Those areas with a higher land cost are experiencing limited supplies of land for development due to their superior location. The chart below represents the multi-family permit activity for the ten planning districts in westem Collier County. As illustrated below, the areas that have experienced the most multi-family permit activity over the past 2 years are North Naples, Urban Estates and South Naples. 2003 Feas inomics~, Inc. All Rights Reserved 14151 AC~DA I'I'~EM 2003. Collier MulUfamily Pennltt~l Units by Planning Dist~ct ~ 4 41 1~ 15 5 6 6 8 ~ l(,el.lgefPrYr -~7.1% ~.1% -.1i~ 23.~A -lt~A 31JeA 20.0% ~.41~ 4.4% 4.4% To4ad 12407 41.38% 4,Z24 14.0~'A 1,22S 4.g~% 4,~04 1&.01% 3,4~4 11..~4% 1,2~ 4.23% ~41 1.87~ 1,21~ 4.0~A Each of these areas offers multi-family product, which caters to a specific sector of the market. These market sectors are defined by price and product design. Typically, North Naples product is located Within Master Planned communities offedng hi-dse product or larger coach home product. This North Naples location provides for the highest average multi-family pricing. The Urban Estates area offers coach home and garden style product within master planned communities or infill projects. The Urban Estates submarket typically offers a mid-priced product. The South Naples submarket offers a lower priced product of garden and coach home design as compared to Urban Estates. A major factor for the lower pdcing of product in South Naples is its location further from the beaches and cultural centers of North Naples. The land cost in this area is also more affordable. 2003 Feas inomics~, Inc. All Rights Reserved 15151 DEC 0 2 ZOO3 p=. The Rural Estates multifamily product increased substantially due to the developing product within Vanderbilt Country Club and the introduction of several new multifamily communities. Overall, the multifamily market saw an increase of 38% over 2000. This increase is due to several new communities in these afore mentioned areas. This increase is also noted and is a direct reaction to the increase in building impact fees, which went into effect on January1, 2002. Located below is a chart showing the moving averages of permit activity in Collier County. As we can see from the Collier County permit activity, the single-family product has continued its steady increase of approximately 2000 units per year. The multifamily product has begun a slow decline due to four consecutive years of increased activity, which began in 1995. The increase in multi-family development in Collier County is due to its more affordable pdce and the fact it offers and aitemative to higher pdced product in Master-Planned communities. By studying both the multi-family and single-family product lines, we see there is steady growth within large developments for both product types. Since 1998, we have seen a shift in the product design from multi-family units to single-fan~ a.,; units. This is a supporting factor illustrating the shift in the markets desire fIDr © 2003 Feas inomics~, Inc. All Rights Reserved 16/51 DEC 0 2 2003. _ single-family product. This shift in design has been a factor in the median price increases for Collier County. The current softening of the economy is having a direct result in the increase in multifamily product simple due to pdce considerations. Based on the markets desire for a single-family home, pricing will be a strategic factor in the near future. The demand component studies the sales trends for all of Collier, Lee, and Charlotte Counties as segregated by location and product type. The analysis reviews the sales from 1996 through the end of 2001 by planning district and by product type along with a new sale to resale ratio for the past five years. The data presented below reflects the combined sales of single-family and multi- family products. 9,867 I$,456 3795 27,118 10,374 14,196 4012 28,582 12.403 15.825 4212 32.440 13,261 18,944 4788 36,993 14,100 21,150 5200 40,450 15.745 22.951 5978 44.674 5.14% 5.50~ S.72~ 5.4~/, 19.H% tt.48% 4.~9% 13.50% ~.92'A 10.71% 13.88% 14.04% ~33% 11.64% 8.80~ O~ 11 .~7'~ B.S2~ 14.8~/* ln.44% 201,987 S 142,987 S 82,463 S 142.479 212.233 S 150.431 S 89.478 S 150.714 235,982 $ 158,965 $ 95,790 $ 163,579 280,608 S 176.325 S 101,106 S 179,346 278.256 S 195.152 S 110.231 S 194.546 335,206 S 208,453 $ 168,230 S 237,296 1,993,005,T29 S 1,924,033,072 S 312,947,0~ S 3.86,1,745,522 2,201,705.142 S 2,135,51B,476 S 358,985,T36 $ 4,307.707,548 2,926,884,746 S 2,515,621,125 S 403,450,271 S 5,30~,5~2,780 3,455,922,688 S 3,;~0,300,800 S 484,096,300 S 6.634,558,909 3,923,409,600 S 4,127,464,800 S 551,155,000 S 7.8~,~99,183 5,277,818,470 S 4,784,204,803 $ 1.005,678,940 S 10,~00,976,395 10.47% 10.90% 14.71% 11A8% 32.84% 17.80% 12.391;o 23.19% 18.08% 32.78% 19.99% 2S~3% 13.~% ~.S~ 13.8~ 1~% 2003 Feas inornics~, Inc. All Rights Reserved 17/51 DEC 0 2 2003. P,. 712t 3253 10~74 31.36% ~425 387~ 1240~ 8378 38~3 13261 2928% ~470 4830 14100 32,84% 111~5 45~0 1~74~ 8847 4809 13458 34.25% ~ 4856 14198 3421% 10985 4840 15825 30,58% 12568 6378 18844 33J8% 14892 8458 21150 30.53% 16788 8166 22951 2~37% 65.75' ~.7 Florida County Map 2003 Feas inomics~, Inc. All Rights Reserved 18/51 DEC 0 ~ ~003. There are several trends, which are evident in the previous data. First, the number of sales for 2001 in Collier County was up 11.67% with an increase of 8.52% in Lee County. The collier increase is higher than in 2000, due to the appeal of the Collier County market. The 8.52% increase in sales for Lee County is a result of growth within Cape Coral and Lehigh Acres, along with the new development in southern lee County. The average pricing in both COunties increased by over 2000, with Collier's increase 20.47% and Lee counties increase a more moderate 6.82%. The market reflects Collier County's average price at $335,206 and the average Lee county property increasing to $208,453. This pricing index has spurred an increase in the development of rental apartments within both counties. The market share of new home sales decreased in Collier County from 32.84% in 2000 to 29.09% in 2001. This reduction in new home market share is reflective of the increased pricing evidenced in Collier County. The market share of new home sales in Lee County also dropped from 30.53% in 2000 to 26.87% in 2001. Overall, the dynamics for both counties are very good. Price sensitivity and limited supply appear to be affecting the Collier sales numbers. The sales increase in Lee County is due to the increases in southern Lee County and within Lehigh Acres and Cape Coral. Located below are reports showing the historical supply and demand trends for new development in Collier County. These reports show the quarterly activity since the end of 1998. This graph illustrates the relationship between the total number of units marketed 2003 Fees inomics~, inc. All Rights Reserved Total Supply Collier County as of that quarter (total units) and the total number of units available for sale (available units). The gap between these two data points reflects the total sum of units under contract and ciosed. As :: DEC 0 2 2003. see from this graph, the supply of new units being added to the market (total units) increased in the 34 quarter. The number of units available (available units) has also increased in the 3"~ quarter indicating that the sales rate has begun to increase; however, at a lower level than its peak in the 1-t quarter of 2001. Collier Sale~ to Supply Ratio This graph illustrates the relationship between the total number of units added to the market (supply) and closed sales. As we can see from this graph, the supply of product in the marketplace started to decline in the 1't quarter of 2001 and continued through the 2"~ quarter 2002. With the introduction of several new communities, the total supply of units in the marketplace increased in the 3r~ quarter 2002. Closed units, which began a soft decline in the 2=~ quarter of 2000 and continued through 2"d quarter 2002, also increased in the 3"~ quarter 2002. The increased noted in the third quarter was a result of the closings of several high-rise communities sold in 2000. The general trend is still in a downward cycle. This graph illustrates the relationship between the pipeline supply (number of Collier Pipeline Sales to Closing Ratio units under contract) and closed sales (closed units). As we can see, the pipeline supply has seen a sharp decline from year- end 2000 through the 4th quarter 2001. The increase in pipeline sales in the l't quarter of 2002 began to decline again in the 2nd quarter 2002 and again in the 3 t, ' DEC 0 2 2003 / ©2003 Feasinomics~ ---ck,..du.r~ --e-U,a~U~.,c..~ I 2002. The average product pricing increase between 2000 and 2001 was 15%, with the average increase between 2001 and 2002 slightly over 3%. The fact the pipeline increased in the 1't quarter of 2002, at the higher average price, indicates price sensitivity is softening. From the analysis above, we can see a general softening of the market overall based on pipeline supply and closed sales. The increase in the pipeline supply index in the 1't quarter of 2002 indicated the market was beginning its rebound from the same period in 2001. The reduction in the total supply is due in part more to the lack of available land than a reduction in the developer's introduction of new communities. The decline in pipeline sales and closed sales, in my opinion is due to a combination of price sensitivity for product over $500,000, and a general reduction in purchases due to the current economic slowdown. Feasinomics, Inc. publishes the SOUTHWEST FLORIDA HOUSING DEMAND REPORT, which is prepared on a quarterly basis. This quarterly survey summarizes the developer sales performance for new p~jects in Lee and Collier County. Below is a summary of the sales performance by submarket and product type for Collier County. This summary will conclude with a correlation of the supply trends discussed earlier in this report. (Please note that the following data reflects developer Sales to end-users only). Through the 3rd quarter of 2002, Collier County had a total of 2,843 developer closings with an estimated sales volume of $1,401,707,335. This represents an average pdce of $493,038 per developer-closed sale. For that same period, there were a total of 3,468 developer units sold and not closed representing an estimated sales pipeline volume of $2,377,899,218. This represents an average price of $685,669 per developer sale. A detailed analysis of the unit count and average product pdclng for each submarket and product type is discussed below. The analysis will show the relationship of unit sales and average pdce. It will also explain what product type has the highest market acceptance. Located below is the 2002 developer closed sales report listing the submarkets in descending order by the number of closed sales through the second quarter of 2002. © 2003 Feasinomics~, Inc. All Rights Reserved 21151 ^r.,e A mT? DEC 0 2002 Developer Closed Sales by Units Through 3rd Qvarter Market Average Submarket 2002 Closings Percentage Pricing Volume U Estate~ 1078 37.9:~ $ 324,926 $ 350.270.228 N Naples 543 19.10~ ~; 883,438 $ 479.706.834 S Naple~ 335 11.78~ $ 290.395 $ 97.282.325 Golden Gate 280 9.85% $ 11~4,143 $ 51.560.040 R FakaPalm 224 7.88% ~; 353,921 $ 79,278,304 Rural Estates 152 5.35% $ 212,602 $ 32,315,504 C Naples 107 3.76% $ 499,006 $ 53.393,642 Marco Island 88 3.10% $ 1~535~805 $ 135~150~640 Naples 34 1.20% $ 3,586.694 $ 121,947.596 Corkscrew 2 0.07% ~ 401~011 ~; 802~022 Immokalee 0 0.00% $ 61~833 $ - Total 2843 100.00% ~ 493,038 $1,401,707,335 In decendin~ order bJ/ 2002 Closings Based on this chart, the top three submarkets by unit sales are Urban Estates, North Naples and South Naples. Most of the luxury master planned communil~es · profiled in this report are located in North Naples. Over 68% of the developer sales are located in these top three submarkets. As we can see from this analysis, N Naples and Urban Estates are currently capturing the greatest market share within Collier County accounting for over 57% of the total sales. The following chart shows the previously discussed data, however it is now sorted by the pipeline sales. 2002 Developer Pipeline Sales by Units Throu,qh 3rd Quarter Market Average Submarket Pipeline Sales Percentage Pricing Volume U Estates 1049 30.25% $ 324,926 $ 340,647,374 N Naples 824 23.76% $ 883.438 $ 727,952,912 R Fakapalm 318 9.17% $ 353,921 $ 112.546.878 :S Naples 314 9.05% $ 290,395 $ 91.164.030 :Marco 243 7.01% $ 1,535.805 $ 373.200.615 ,Golden Gate 197 5.68% $ 184.143 $ 36.276.171 Naples 162 4.67% $ 3,586,694 $ 581,044,428 Rural Estates 146 4.21% $ 212~602 $ 31~039i892 'C Naples 145 4.18% $ 499,006 $ 72,355,870 Immokalee 49 1.41% ~; 61~833 ~ 3~029~817 Corkscrew 21 0.61% ~; 401.011 $ 8,421,231 Total 3468 100.00% ~ 685~669 ~ 2~377,899.218 :In decending order b~/ Pipeline Sales The same top three submarkets are evident within the pipeline analysis as were located in the closed sales analysis. 2003 Feas inomics~, Inc. All Rights Reserved 22/51 DEC 0 2 2003, .,. The average pricing index indicates the market is moving north to take advantage of the pre-construction pricing currently offered in the San Carlos and Estero sub-markets in southern Lee County. These two submarkets market share percentage has increased over 128% since the end of 1998. We have reviewed both the permit activity (supply component), and the sales activity (demand component). From the analysis, we found that the majority of new development within Collier County lies primarily in the Urban Estates and North Naples submarkets in the north and South Naples. These submarkets offers a combination of multifamily and single-family permit and sale activity due to its highly demanded location closed beaches, recreational facilities h the cultural centers. The area located south of Pine Ridge Road and primarily Southeast Naples is a mixture of master planned communities and smaller platted subdivisions primarily targeted the primary and secondary buyer. The southern coastal region of Collier County offers a similar mix of product to the mid coastal region however pricing is lower due to its location further from the cultural and recreational centers of Collier County. Considering the local economy is primarily driven by the tourism industry, the sources of this economic base are a major factor in the continued expansion of Southwest Florida. As we review the source states where this market is coming from, we find that the majority of the buyers are from the mid-western states of Ohio, Michigan, Wisconsin, Indiana, Minnesota and Illinois. A continued strong economy of these Midwestern states along with a healthy national economy, will continue to fuel the growth trend noted over the past nine years in Southwest Florida residential market. HOUSING MARKET ANALYSIS The data for housing was analyzed for each of the 11 submarkets for Collier County. The historical analysis reflects the past 5-year period from 1996 to 2000. The scope of the report included the following analysis; , Quantify the Nstorfcal housing growth of single family and condominium product for each submarket. · Quantify the historical median pdcing for single family and condominium product for each submarket. From our review of the housing market we found there were a total 197,250 units in Collier County as of year-end 2000. Below, we will profile both the single f~ and condominium products for Collier county. © 2003 Feasinomics~, Inc. All Rights Reserved 23/51 AGE:N~A IT~ DEC 0 2 2003. W'~hin Collier County, over 45% of the housing units were single-family homes. Based on the 5-year historical review, the counties single family housing supply grew at an average annual rate of 5.20%. The average annual submarket growth rates ranged from a Iow of .42% in the developed area of the City of Naples to 15.93% in the quickly developing Urban Estates area./t should be noted this growth rate reflects new units to the market and does not include any redevelopment of existing communities. Of the eleven submarkets in Collier County, North Naples accounts for 22.4% of the total single-family supply, followed by Golden Gate and the City of Naples which each accounted for more than10%. This suggests that over 34% of the single family housing in Collier County is located along the coastal area, with an additional 10 % located in the older, more affordable Golden Gate City area. The median price index for single family homes in Collier as of year-end 2000 was $295,053. The median price by submarket ranged from a Iow of $75,000 in Corkscrew to a high of $883,000 in the City of Naples. Using the median price as the submarket index of affordability, we find that over 81% of the housing units in Collier County are located within submarkets, which have a price below the county median of $295,053. As a comparison there are only 18% of the units, which are located in submarkets having a price less than the Lee County Median of $140,000. Located below is a summary of the single-family statistics for Collier County. 60,627 1.58% 8.95% 4.86% 7.46% 9.27% 8.11% 2003 Fees inomics~), Inc. All Rights Reserved 24/51 DEC 0 2 2003 "1 The remaining 58% of Collier County's housing supply is condominiums. Based on the 5-year historical review, the counties condominium supply grew at an average annual rate of 17.32%. The average annual submarket growth rates ranged from a Iow of .39% in the developed East Naples area to 100% in the newly developing condominium area of Rural Estates. (It should be noted Vanderbilt Country Club is the only Multi-family product in this submarket at this time.) Of the eleven submarkets in Collier County, the North Naples area accounts for 25.07% of the total condominium supply, followed by the City of Naples, Marco Island, East Naples and South Naples which each accounted for more that 10%. The condominium supply in Collier -County is dispersed in two distinct areas, the coastal area and the southem Collier area. The coastal areas of North Naples, City of Naples and Marco Island account for over 53% of the condominium supply while the southern county area accounts for an additional 23%. These geographic boundaries illustrate that the northeast and eastern sections of the county are primarily single family in nature. The median price index for condominiums in Collier County as of year-end 2000 was $250,699. The median price by submarket ranged from a Iow of $76,000 in East Naples to a high of $579,900 in the City of Naples. Using the median price as the submarket index of affordability, we find that almost 72% of the condominium units in Collier County are located within submarkets, which have a price below the county median of $250,699. Further analysis shows that almost 37% of the condominium units are located in submarkets with a median price less that $150,000. These submarkets are located in the inland portions of Collier County. Located below is a summary of the condominium statistics for Collier County. 2003 Feas inomics~, Inc. All Rights Reserved 10.1:3%. $ 107,507 5.78% $ 2O9,75O 4.14% $ 17.32% 25151 0.00% 3.13% 6.06% 100.00% 3.26% DEC 0 2 2003. ..17o Based on our submarket analysis, Collier County has a total of 134,293 fee simple housing units of which 58% are multifamily in design. The new development of multifamily product has been isolated to Rural Estates and Urban Estates, which have increased the average growth rate. If we eliminate these submarkets from our analysis, a growth rate of 4.03% is reflected. This is considered a better indicator of the overall growth rate for the county and supports the fact multifamily development has slowed over the past 5 years. The development of multifamily which has occurred has been isolated to areas were no multifamily development occurred prior. The single-family housing development has seen its greatest concentration of new units in Urban and Rural Estates. These 2 submarkets offer the greatest supply of vacant land, are planned with a lower density encouraging single-family development, and are two of the most affordable areas in Collier County. The lower growth rate of single-family units in Golden Gate, South Naples and Royal Fakapalm is due to the higher density planning of these communities, which requires multifamily development to achieve the maximum density. It is my opinion these Southern Collier submarkets will follow the single-family development trend, especially considering the current supply is primarily higher density multifamily tracts. CURRENT ZONING AND USES According to the Collier County Community Development Division's flood insurance rate map number 8517N, the parcel on which the Wiggins Pass Marina sits is zoned C-4. The parcel is 10.03 acres in size and is located in Collier Cour{ty millage area 169. Its current (2002) tax roll indicates a land value of $4,369,650 and an improved value of $1,240,982 for a total market (assessed) value of $5,610,632. The general commercial district C-4 zoning is defined by the Collier county Land Development Code as: 2.2.15.1. Purpose and intent. The general commercial district is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale th[a]n the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity entel'll~3ENO&ll-~M_ DEC ,,, /7! 2003 Feas inomics~, Inc. All Rights Reserved are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads; therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 dislrict is permitted in accordance with the Iocational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. Permitted uses for the C-4 designation include: · Unless otherwise provided for in this Code, all permitted uses in the C-1, C-2 and C-3 commercial intermediate districts. · Also permitted are agricultural services except outdoor kenneling; amusements and recreation services including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, and canoe rental; automotive dealers and gasoline service stations, automotive repair, services, parking and carwashes with exceptions; building materials, hardware and garden supplies; business services with exceptions; commercial printing; communications including communications towers up to specified height; eating and drinking establishments; educational services; engineering, accounting, research, management and related services; group care facilities with exceptions; health services; hotels and motels; marinas except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing; miscellaneous repair services with exceptions; miscellaneous retail; motion picture theaters; public or private parks and playgrounds; personal services except crematories; real estate; social services except for homeless shelters and soup kitchens; and vocational schools. · Maximum height: 75 feet. · Minimum floor area: 700 square feet gross floor area for each building on the ground floor. · Floor area ratio: The maximum floor area ratio for hotels and motels shall not exceed a factor of 0.60, except for destination resort hotels as defined in article 8.3 where a floor area ratio of 0.80 is permitted. HIGHEST AND BEST USE Based on the parcel's waterfront location and zoning designation, we have determined that the highest and best use under the C-4 zoning is to develo; n_ © 2003 Feas inomics~, Inc. All Rights Reserved 27/51 DEC 0 2 2003 resort hotel with marina, spa, restaurants, retail and convention meeting space. All other uses would not be able to take advantage of the waterfront and the price of land in this location would make any other use not economically viable. IMPACT FEE CALCULATIONS With regard to impact fees, we worked with the Collier County Financial Administration and Housing Department in determining what would be allowed with regard to credits and what would be charged under the different scenarios. We determined the Collier County impact fees for the site based on three scenarios. The first scenario was to put a 220-room hotel on the site. This hotel would include a spa, two restaurants, a small retail shop and'convention meeting space. The site would also include a 50-berth marina that would be for public consumption. The second scenario was taken from the site plan dated September 4, 2002 and provided to us by the Ecogroup. It includes two residential towers of 79 units each plus a Ship's Chandler building, entrance guardhouse, and a 50 wet berth p~blic marina. The third scenario used the same configuration as the second scenario but categorized the marina as private residential with the wet berths being used only by the residents of the towers. Table 1 outlines the methodology on how the assumptions were determined for each scenado. © 2003 Feas inomics~, Inc. All Rights Reserved 28/51 AC~=NI)A I'I~.~VI~ DEC 0 2 2003 /?3 TABLE 1 Impact Fee Credit .a-Mumptione West boat storage building Noflh boat sta'age buad~g F_.xJstJng parts and offices building 43,000 48,000 28,500 1,400 10~000 324 square feet per dry slip.from 3/1999 S~ Improvement Plan 119,500 square fee{ of existing d~ storage bui~ngs 1324 sq. lt. = 369 Number of existing wet slips = 15 Total currant wet and dry slips on site = 384 Existing water meter size per Barbara Olko at Collier County Public Utilities Division = 1.5' ~conario I Assumptions Hotof sin Number of rooms based on parcel size and Ritz Golf Resort at Tiburon = 220 220 rooms (~ 375 sq. ft. each = 82,500 6,000 sq. ft. of common area par floor x 6 floors = 36,000 15,000 sq. ft. spa = 15,000 20,000 sq. ff. of meeting space = 20,000 15.000 sq. ff. foyer = 15,000 15,000 sq. fi- restaurants = 15,000 5,000 sq. fi- of retail = 5~000 188~500 Wet boat slips par Ecogroup Estimated Pricing Sheet 12/3/2002 Nater mater size based on Ritz Golf Resort at 'l'Jburon and verified at the Collier County Public Utilities Divisicfl offices = ~ Scenario 2 and 3 Assumptions 3200 sq. ff. units x 76 Units x 2 buildings = 4000 sq. ff. units x 3 Units x 2 buildings = Parking (4 units per floor = 12800 sq. ft. + 800 sq. ft. comman area = Foyer (4 units per floor = 12800 sq. ft. + 800 sq. fi. common area = ;amman areas = 800 sq. f. per floor x 18 floom x 2 buildings = ~hip's Chandler Bullcr~ng square fee{ = Guardhouse square fee~ = ;uardhouse porte cochere square feet = Wet boat slips per Ecogroup Estimated Pricing Sheel 12/'3/2002 = Iol~: Scenario 2 assumes that the n~rina will have n minimum of one slip for eale or bass to the general public. Scenario 3 assumss that ell slipa will be sold or leased to unit owners and none will be sold or subleased to the public. Square Feet 486,400 24,000 13,600 13,600 28~800 1,4{)0 © 2003 Feas inomics~, Inc. All Rights Reserved 29151 DEC 0 2 2ag3 hlpact Fee Cm(~ Collier County allows for impact fee credits based on what is currently on the site. From the most current site plan obtained from Collier County and dated March of 1999, we determined that there is 130,900 square feet of building space on the site. There is 119,500 square feet of dry slip boat storage in three buildings, one bait shop building of 1,400 square feet, and one existing parts and office building of 10,000 square feet. collier county would credit the three dry storage buildings based on the number of berths they hold. We determined from the March 1999 site plan that each dry berth would use 324 square feet of space. Based on that calculation, the current buildings would house 369 dry slips. In addition, there are 15 wet slips on the site, bringing the total to 384 total berths on the site. The Collier County Utilities Division determined that there currently is a 1.5" water meter on the site. Table 2 illustrates the credits that would be granted for the existing facilities. TABLE 2 Looking at Table 2, the site carries a total impact fee credit of $910,278 and is broken down as follows: Parks: $0.00 Libraries: $0.00 Fire: $39,270 Public Schools: $0.00 Roads: $696,192 Jail Facilities: $142,942 Emergency Medical: $4,224 © 2003 Feas inomics~, Inc. All Rights Reserved 30151 Water & Sewer:. $27,650 Total: It is important to understand that when applying the credits, Collier County only applies the credits based on the impact fee groups only, not as a whole. In other words, if you have less road impact fees on the new site plan than what currently exists, you cannot use the excess credit toward another impact fee group. That "future impact fee credit" has to stay with the land and can be used if future construction is added to the site. The County will also consider transferring the credits only to adjacent properties if the land is owned by the same entity. Also, the "credit" for the Fire Impact Fees will need to be approved by the Fire Code Office and possibly by the North Naples Fire District. The Collier County Public Utilities Division will determine water and Sewer Impact Fees and credits. The impact fee rates shown in these tables include the Phase II 20% increase on road impact fees that will be implemented in April, 2003. Under Scenario 1, we determined the hotel size primarily based on the parcel size. We utilized the Ritz-Carlton at Tiburon for number of units and size of water meter. We also determined the average room size to be 375 square feet each. We also determined that there would be 20' x 300' sized common areas per floor times six floors (remember the height limitation under C-4). In addition, we took half the square footage for the spa, convention space and restaurants of the Ritz- Cadton on the beach since it is on 20 acres and the current site is 10 acres. Table 3 illustrates the first scenario's impact fee schedule. TABLE 3 Scenario I - 220 room hotel, Re~all, Re~tauran~ Sp~, Meeting Marina with 50 Boat SIIp~ Ship's Chmdlm' Sq~mFes( Ilml~ct F~ ~Acttmllmpacl ~,om munitv Parks 220 $381.00 :~' morn Reqic~l Part~ 220 ~,380.00 ~er mom $83~600.00 ~167.420.00 $0,00 $167,420.00 Ubrades 0 ~0.00 $0.00 S0.00 $0.00 ~0.00 Rte - I~,=,~'~nlial 0 $0.00 ;k'e - C,~mmemial Ho~ 188 500 $0.30 loer sa.t~ underroo~ $56550.(X) ~re - Commerdal Re~taurmt 0 $0.30 per ~.ft. underroof $0.00 qre - C. ormn~'cial Retail 0 $0.30 ~ ~.ft. underroof $0.00 $56.550.00 $39,270.00 $17.280.00 ~o~ier CounT Public Sct-,oo~ 0 $0.00 $0.00 $0.00 $0.00 $0.00 Road Impact Fees - Hot~ 220 $3~703.00 ~ern=ern $014~660.00 Road Irroact Fees - Retail 50.000 sa.ft, or less 0 $7.249.00 Der 1_00~ sa.It_ Road Imoact Fees- Restaurant LowTumover 0 $19~11.00 aer l.lX~sa.lt_ !Road In, ct Fees Marb~ 50 $1,813.00 )erbe~th $90,650.00 $~0~310.00 $09~,192.00 Jail Facffat~es Impact Fees - Hotal 188~500 $02340 per I~.fL u~derro~ ~,44~109.00 Jail FadlitJes Imoact Fees o Res~umnt 0 $1.7043 ~er sa.ft, underm=4 Jail Families impact Fees - Retai 1,400 $1.0920 per ~.lt. underro~ $1,528.80 $45,637.80 $142,942.80 $0.00 Ememencv Medical Services - Hol~ 220 $38_00 ~er r~3m Water & ~ ~pact Fees- Non..reside~tJat water me~' size 6.0' ~276~,~30.00 Wamr Met~ Size $276~500.00 ~276.500.00 $27.650.00 $248.8.~L{3~ Tmal $1.460.327.80 © 2003 Feas inomics~, Inc. All Rights Reserved 31/51 DEC 0 2 2003 Table 3 shows that the total impact fees for the first scenario would be $1,460,327.80. Net credits for each category total $812,973.80. The total net actual impact fees for this scenario is $647,354.00 with Future Impact Fee Credits of $97,305.00. The future impact fee credits are all in Jail Facilities. 2 kr actFees Under Scenario 2, we utilized the site plan provided by Ecogroup and dated September 4, 2002. The site plan included twin, 22-story residential towers with 79 units each, a 50 wet slip marina with 1,400 square foot Ship's Chandler building and a 300 square foot guardhouse with a 200 square foot porte cochere. There is underground parking and a foyer floor included in the square footage calculations along with 800 square feet of common area per floor. This scenario assumes that the madna will have a minimum of one berth for sale or lease to the public and therefore marina impact fees apply. Table 4 illustrates the second scenario's impact fee schedule. TABLE 4 ~ 2 - Two Rsekienflat TM condomlnlum~ Marina ~ 5~ Bo( 5111~, Shlp'~ Chandler (beat atom ,md puMl¢ merlna fer~litty), ~d g~.,~-:~ ~cluam F~ Net Actual h,:;_-. · ~r ~ N~ount l'ot.l by Cal~3~rv Credit Fee~ C~,~nity Parks - ur~t ¢ 1~000 Iq, lt. 0 $471.00 ~e[ ~..~;;r,,~ unit $0.00 Cu,.,~nly P-,;~ - ur, It- 1 ;000 - 1 ~700 Iq. IL 0 $531.00 ~er dv.~-;;,~ unit $0.00 c~..,.,~/Pa~.~ - unit > 1.7oo se. f~ 1 ~{} ~6~.00 ~er dwetin; uldt $108.7D4.00 R.~.=; Pa~ks- unit < 1.000 se. IL 0 $4'~3.00 ~ d'..~,-~ unit R~-.I p~.;=,~, u~t. 1,000. 3,000 ~l. IL 0 $530.00 ;~' d,~;~-~ unit $0.00 R~k~-~; Pa~- un# · 3,000 ~c~. fL 158 $686.00 p~'dw;-'t,-,~ unit $108,388.00 SZ17,092.00 $3.00 $217,092.00 Libraries < 1,500 ~. IL 0 $214.00 )er dwetlr~ unit $0.00 L;br=;~. 1500 - 2.499s~. ft. ~1 $238.00 ~er dwalino unit SCl. GO L~b~r~,~> 2,500 I;J. IL 158 $299.00 )erdweling unit $47~242.00 $47r242.(X) $3.00 $47~242.00 ~.e - F:.--;/-.-~,i; 566.400 S0.15 oer re_fL undo'roof $84.96~.00 Fire - C...,.,,.--,.~,; (Ship'-, Ch..,~;~- and G~..':.---~--"e-} 1,900 $3.30 per ~.ft. under roof $5~.00 $85,53~.00 $39,270.00 $46,260.(X) $3.00 $130,666.00 _C_J_ Co~Pu~icS<-~--~- 158 $~27.00 )er~-,~,~;;-,~unlt $130,666.00 $130,668.00 R~ad ;~-.~- Fees. Hiol':-PJse C~,~u,,~;;~um 1~,8 S~.272.D0 ~er ~='.,-,e unit $3.r~8.gTfLl:]O Road Impa~ F~;. ~ii~.-4 ~k-.~ctudee martoa of~)e) 50 S1~813.00 perberlh S90re50.QO Road ;,~-~,~. F;~. - Office IC~.~[d;-,c~=*~ 300 ?-~_._'~q'f~ .00 per 1,000 I~. IL $2,492.10 $452,118.10 $696,192.00 S0.00 jail F~_"-':'_-~_ Impact Fees * R_~,~-~,m~al 158 $117.98 )er d~.~.:.';-,l~ =,nit $181640.84 Jail F-;~-~- ;~,~&.~ Fees - ~.~ 1 ,~f~O $1.O920 Der aa.fL unda~'mof Jait F~._:t:_ ~ ;,~.~,~. Fees. Oftr~ce (G~h-:~__~e~ 300 $1.33 )er aq. fL $397.80 $20,567.44 $142~942.~0 $0.00 Em=.~c~, I.~,,~,~; Se,-.~ - unlt - 1~500 - 2~499 Iq.fL 01 $104.00 )er ~-,.~,-~ un41 ~).00,, ;Em~,,Tf~-.;f ~e.~-~: Sewice.,. unit > 2,500 ~q.iL 158' $130.00 i~er ~,;'-~ unit $20,540.00 ; ~,~u..~-~; Me~cal Sewices o M afirm SOl S11.00 i~r I~ I Emir-.=~erc~ k; _--~_~; Sewicce - Office < 50,(X30 ~fl. IL 300i $8200 3er 1,000 sq. IL $24.90 $211114.g0 $4~.24.00 $16,89(3.90 Nater ;.,ua,.~ Fee - unit < 750 se.ft. ~} i $904.00 )er dv.~,-,~ un;t 'W.[=, ;,,,y~.~Fee-unit-751- l:5001KI-fL 0 $1~83E.00 )er~'.~,,~,,~tJllt ~0.00 ~=[~lmpactFee-unlt> 1;501 ~Cl. ff. 158 $2~704.00 ~r~,...;~-,i~unlt $427,232.00 ~-.~'-.;'=r I.,,~.~ Fee - unit < 750 se.fL D $937.(X) ;~f G~;-'~ unit ~.'.;'=: Impact Fee- unit> 1,5011~.fL 158 $2,840.00 ~we;;,-~ unit $448,720.0(~ $875,952.{)0 ~7,650.00 ! $848,302.00 Total S 1.850.282.44 $!._~r~ ~ 44 S910.278.80 $1.306.452.90 Table 4 shows that the total impact fees for this scenario would be $1,850,282.44. Net credits for each category total $543,829.54. The total net actual impact fees for this scenado is $1,306,452.90 with Future impact Fee Credits of $366,449.26. The future impact fee credits are for Road Impacts and Jail Facilities. 2003 Feas inomics~, Inc. All Rights Reserved ~ 3krr~ctFees Scenario 3 also utilizes the site plan provided by Ecogroup and dated September 4, 2002. The site plan included twin, 22-story residential towers with 79 units each, a 50 wet slip madna with 1,400 square foot Ship's Chandler building and a 300 square foot guardhouse with a 200 square foot porte cochere. There is underground parking and a foyer floor included in the square footage calculations along with 800 square feet of common area per floor. This scenario assumes that all berths will be sold or leased to unit owners and none will be sold or. subleased to the public. Table 5 illustrates the third scenario's impact fee schedule. TABLE 5 ~:enm'to :3 - Two Reaidim~al Tow~ condominiums, Mm ~ ~ ~ U~ ~t ~T~ ~ ~t~ ~ Fees ~m~ ~- ~< 1,~.~ ~ ~71.~ ~~ ~.~ ~un~ pa~- ~- lr~- 1~7~ ~. ~ 0 ~1.~ ~~ ~.~ C~mu~ P~ - ~ > 1.7~ ~. · 158 ~.~ w ~ ~ $1~.7~.~ ~ P~- u~< 1~.[ 0 ~.~ ~~ ~.~ R~ P~- u~> 3,~ ~.~ 158 ~.~ ~~ S1~.~ S217,~2.~ ~.~ ~17,~ L~ < I~ ~.[ 0 ~14.~ ~~ ~.~ ~ > 2,~ ~. · 158 ~.~ ~ ~ ~ ~7~4Z~ ~7~42.~ ~.~ ~7,2~.~ F~ - R~fial ~.~ ~.15 ~ ~.ff. un~ ~ ~.~.~ F~ - ~al ~ ~ a~ ~a~ ~} 1,~ ~.~ ~r ~.~ ~ ~ S570.~ ~,~.~ ~.~ ~.~ ~1~ ~ ~b~c ~ 1~ ~.~ ~~ $1~,~.~ $130,6~ ~.~ $1~,~.~ ~ Im~ F~ - H~ ~m 158 ~.~ ~ ~ ~ $~1976.~ R~d Im~ F~ - Ma~ 0 ~1,813.~ i ~ ~ ~.~ ~ Im~ Fm- ~ ~ 3~ ~,~.~ I ~ 1,~ ~. E $2,492.10 lail Fe~ Im~ ~- R~ 158 $117.~ ~~ $18~.~ Jail Fadl~ I~m F~ - ~m ~Gua~t 300 S1.~ ~.~ $397.~ ~il Fadl~ Im~ Fm- L~m [~'s ~ 1,400 ~.~ ~ ~' · $78824 $19,824.88 $142.~ i ~.~ ~ M~I ~ - u~ < 1~5~ ~.~ 0 $9~ ~ ~ ~ ~,~ Em~ M~iml ~ - u~ - 1 .~ - 2.4~ m.E 0 $1~.~ ~ ~ ~ ~.~ Em~ M~I ~- u~ > 2~ ~.[ 158 $1~.~ ~~ ~0~.~ Em~M~imlSm-Ma~ 0 S11.~ ~ ~ ~.~ ~ ~i~ Sm- ~ < ~,~ ~. [ (~a~m) ~0 ~ ~ 1,~ ~. E $24.~ ~.~.~ ~4.~ Wa~ Im~ F~-~ < 7~ ~.~ 0 $~.~ ~~ ~.~ Wat~ Im~ F~ - u~- 751 - 1~5~ ~.[ 0 $1~.~ ~~ ~.~ Wat~ Im~ F~- ~ > 1~1 ~.~ 158 $2~7~.~ ~~ ~27~.~ S~ Im~ F~ - ~ < 7~ ~.~ 0 ~.~ ~ ~ ~ ~.~ ~ I~ F~- ~- 751 - I~ ~.[ 0 $1~.~ ~~ ~.~ ~ Im~ F~ - u~ > 1,~1 ~.~ 1~ ~,~.~ ~ ~ ~ ~,7~.~ ~5.~ ~T~.~ ~,~ To~l S1.7~.~.~ $1.7~.~9.~ S910.2~.~ $1.~.~ Table 5 shows that the total impact fees for this scenario would be $1,758,339.88, a savings of nearly $100,000 over the public marina rate. Net credits for each category total $452,436.98. The total net actual impact fees for this scenario is $1,305,902.90 with Future Impact Fee Credits of $366,449.26. The future impact fee credits are the same as in Scenario 2, for Road Impacts and Jail Facilities. The difference is that the impact fees for the public madna are higher than the residential marina, however the existing mad impact fee credits far exceed either scenario so the net is basically the same. © 2003 Feas inomics~, Inc. All Rights Reserved DEC 0 2 2003 _ PROPERTY MILLAGE RATE The property lies in Collier County Millage Area 169. The most current millage rate (2001) for that particular area is 13.5679, as noted in the Collier County Property Appraiser's records. Millage rates for this area has been on a decline over the past seven years according to the following table derived from the property appraiser's website: Collier County Millage Area 169 Year Rate 2001 13.5679 2000 13.8877 1999 13.7601 1998 14.6141 1997 14.6230 1996 14.8254 1995 14.5612 Using the most current millage rate, the following would be the tax implications for the existing and the proposed: Existing Tax Information Proposed Tax Information Taxable Value ~5T610~6321 Taxable Value per Unit $1T500~000 13 5679 Percentage of Estimate of Discount from 2001 Milla~je Rate* . Gross Tax Market Value 80% $21 ~948.23 Adjusted Taxable Value County 28.3% per Unit $1,200,000 School State ~;24 A00.64 31.5% 2001 Millage Rate* 13.5679 School Local $14,374.44 18.6% Gross Tax per Unit $16r281 City Tax $0.00 0.0% ~ 158 Dependant $7,332.54 9.5%~ ~ Water $2,954.00 3.8% Independent $6,265.39 8.1, w/Hotel Land $4,369,650 vn,~n- Annr ,150.36 0.2' a Tiburon Hotel ~ ~axable Value of Hotel $37,191,171 * From the Collier County Property Appraiser's Office **From the Collier County Tax Collector's Office © 2003 Feas inomics~, Inc. All Rights Reserved ECONOMIC IMPACT ANALYSIS The economic impact analysis is calculated based on the United State Consumer Expenditures Survey for 2000, which was released in April of 2002. The 2001 Survey is expected to be released in Apdl of 2003. AC, F.I~,ITI~ DEC 0 2 2003 3415 ../?? In order to estimate the economic impact of the subject project, we first need to estimate the annual pretax income for each owner. This estimate is calculated based on the minimum annual income needed to support a property with an average market value of $1,500,000, which is the estimated average sales pdce of all units in the project. Located below is the methodology used to calculate the estimated annual pre-tax income. Sale Price $1,500,000 80% loan amount $1,200,000 Loan Term Years 30.00 Interest Estimate 6.50% Estimated Annual Paymen! $91,017 Percent of annual expenditures estimated for housin,q 30.2% Estimated total annual expenditures $301,381 Percent of Pre-Tax income allocated to annual expenditures 67.5% Estiamted Pre-Tax Income $446,490 Rounded te $450,000 Based on the 2000 Expenditures Survey, 67.5% of the total pre-tax income is estimated for the annual consumer expenditures. In order to financially support a property of $1,500,000, we have calculated an estimated minimum pre-tax income of $450,000. It is most likely the annual pretax income for many owners will be much more; especially considering this may be a second residence. For comparison purposes and in order to more accurately reflect the typical expenditures for second homeowners of this demographic, we will use the $450,000 pre tax income estimate. Based on the 67.5% estimate for average annual consumer expenditures, each household will spend an average of the $301,381 annually for all expenditures. Located below we will list the total estimated expenditures for each category. © 2003 Feas inornics~, Inc. All Rights Reserved Housing Trans~oortation )eraonal Insurance pensions Food at home Food away from home Apparel and services !Entertainment Cash Contributions Health care Educations Miscellaneous Personal care products and services Alcoholic beverages Tobacco products and smoking supplies Estimated Average Annual Expenditures $90,981 ~;53T029 $46.935 $17,786 $16,592 $15,886 $15,521 ~;12,501 $11,434 $5,907 $5t269 $3,940 $3T134 $1,305 $30t,381 30.19% 17.60% 15.57% 5.90% 5.51% 5.27% 5.15% 4.15% 3.79% 1.75% 1.31% 1.04% 0.43% 100% The estimates above are representative of one unit owner within the subject project for annual expenditures. Located below we have calculated the annual expenditures for all 158 units. IPersonal Insurance pensions Food at home Food away from home Apparel and services IEntertainment JCash Contributions Health care Educations Miscellaneous IPersonal care products and services Alcoholic beverages Tobacco products and smoking supplies Estimated Average Annual Expenditures 30.19% 15.57% 5.90% $46,935 $17,786 ~16.592 $15,886 $15,521 $12r501 5.51% 5.27% 5.15% 4.15% 3.79% 1.96% 1.75% 1.31% 1.04% 0.43%j $7,415,661 $2,810,178 $2.621.49{~ $2,509,91E $2,452,24E 31 ~975t211; 11,434 $5,907 $5~269 $3,940! $3,134I $1,305I $301,3811 100% $1~806,588 $933.383 ~832,460 $622.46a $495~213 $206,23a $47,434,53~ The subject project is located in the Wiggins Pass area in North Naples and will cater primarily to the second homebuyer. Research on competing projects in the general area experience occupancy rate of 100% for the 6-m0nth period between November and April. The remaining 6-month period has a general' occupancy rate of approximately 20%. In order to estimate the annual economic impa;: ~ the project as complete, we will estimate the total annual expenditures on 2003 Feas inomics~, Inc. All Rights Reserved 36/52 AGENDA I'rr~ DEC 0 2 2003 monthly basis. We then will calculate the estimated economic impact during the seasonal and non-seasonal periods of the year. Located below am our calculations: HouMng ~ ~ ~ 1,4~2 s ~,40s,oe91 ~ 2~,57s I ~ ~,eeg, ee4 ~ s 492 I s 466.691 I ~ 1,~ ] ~ 1.~.1~ I $ 248.3291 $ 1.474452 Pe~nal ~m ~u~ a~ ~ S 328 I S 31 ~.~a~ I S ~.0~ I S 374.2~ l~hoHc ~e~ , S ~1 I ~ 247.607 I S ~.1~ J S ~7.7S5 o~ ~du~ and ~klna ~ua~ll~ S 1~ I $ 103.117 J $ ~.~ J S 124.002 Based on this analysis, our estimated annual economic impact of all consumer expenditures, based on the weighted occupancy is $28,520,762. LOCAL MARKET IMPACTS The calculations above are of the average consumer expenditures, for all categories. Only specific categories expenditures will impact the local economic. Other expenditures such as transportation include ownership of vehicles, occupancy with other modes of transportation. Located below we have prepared a line item estimate of the categories which will have a direct affect on the local economy. Food at home Food away from home Apparel and services Entertainmert Health care Miscellaneous 43g Personal care products and services 328 Alcoholic bevera,qes Tobacco products and smoking supplies Total Estimate $1 ~482 1,383! 1 ~324 1,293 953 261 10g $7;572 $1~405~08g 1~310,748 1 ~254~958 1,226,123 903,294 416~230 311,232 247~607 103~117 $7~178r398 $284,575 265,468 254,16g 248,32g ~82,e48 63.034 $1,453,853 ~68g,664 ~576,216 ~509~127 ,474~452 ,086,240 374.2~8 297,755 124,002 $8,632,25g The items above are those expenditures, which will have a direct impact on the local economy. © 2003 Feas inomics~, Inc. All Rights Reserved AGENDA DEC 0 2 2003 2003 Feas inornics~, Inc. All Rights Reserved DEFINITIONS OF DESIGN The Housing Data Report provides specific reports for Community Type, Product Design, Sub Market, Community and Developer. Definitions for Product Type and Community type are unique to the housing data report and are explained below. There are thirteen product designs, which are unique to the Southwest Florida Market. The designs are GN (Garden Condominium), CH (Coach Home), CA (Carriage Home),. AV (Attached Villa), DV (Detached Villa), MR (Mid-Rise), TH (Town Home), HR (High Rise), SF (Single Family Production), SFE (Single Family Estate), SF Lot, (Single Family Lot), DV Lot (Detached Villa Lot), SFE lot (Single Family Estate Lot). The initials stated in front of the design reflect the code in the report. GN (Garden Condominium) Garden Condominiums are 2 to 3 story walkup buildings with 6 to 18 units per building. The building design is simple with access to the units from a catwalk on each floor. This product ranges in size from 1,000 to 1,500 square feet. Parking is detached from the buildings and is open, carports or detached garages. This product design is typically lower priced, as the building cost is more efficient due to the higher building density. This type of product is typically found in infill, master planned golf and bundled golf communities. (See Community Type Definitions) CH (Coach Home) COach Homes are 2 story walkup buildings with 6 to 12 units per building. The building design is more unique with access to each home from the ground floor with a distinct entrance. This product ranges in living area size from 1,400 to 2,100 square feet. Parking is a 1 or 2.car garage attached to the building with access from the interior of the home or from a covered walkway allowing easy access between the garage and the entrance of the home. The pricing for these product design ranges from affordable to moderately price based on the location of the project. This type of product is typically found in infill, master planned golf, master planned and bundled golf communities. (See Community Type Definitions) CA (Carrfage Home) Carriage Homes are basically the same as Coach Homes with the distinction coming from the lower number units per building. Carriage Homes offer 2 to 4 units per building in a 2-story walkup design with the living area ranging from 1,900 to 2,800 square feet. Parking is a 2-car garage attached to the ~uildi~n~a3~ DEC with access to the interior of the home. The pricing for this product ranges from moderate to high, based on the location of the project. This type of product is typically found in master planned golf and master planned communities. (See Community Type Definitions) A V (Attached Villa) Attached Villas ara single story buildings with 2 to 6 units per building. This product ranges in living area size from 1,600 to 2,000 squara feel Parking is a 2- car garage attached to the building with access from the interior of the home. The pricing for these product design ranges from affordable to moderately price based on the location of the project. This type of product is typically found in infill, master planned golf, master planned and bundled golf communities. (See Community Type Definitions) MR (Mid-Rise Condominium) Mid-Rise Condominiums ara 3 to 7 story buildings with 4 to 12 units per floor. The building design is simple with access to the units from a catwalk on each floor or for luxury buildings and interior access from elevator. This product ranges in size from 1,000 to 3,000 squara feet. Parking is detached from the buildings and is open, carports or detached garages. This product design ranges in price from affordable to luxury based on the community type, and view from the upper floors. The designs main purpose is for view of an amenity. This type of product is typically found in master planned golf and bundled golf communities. (See Community Type Definitions) HR (High-Rise Condominium) High-Rise Condominiums ara 8 or more story buildings with 4 to 8 units per floor. The unit access is from a catwalk on each floor or from an interior elevator and floor lobby. This product ranges in living area size from 1,000 to 7,000 square feet. Parking is detached from the buildings and is open and covered under building or a parking garage. This product design ranges in price from moderate to ultra luxury (several million dollars) based on the view from the upper floors and the amenities, which ara available. The designs main purpose is for view of the Gulf of MexJco. This type of product is typically found in master planned golf and infill communities. (See Community Type Definitions) DV (Detached Villa) Detached Villas ara single or 2 story detached homes on lots ranging from 40 to 64 feet of road frontage and lot depth ranging from 110 to 150 feet. This product ranges in living araa size from 1,200 to 4,000 squara feel Homes are designed to offer all the amenities of a single family home with the major differance being the lot frontage Lot depth is determined based on market research which would suggest demand for pools. The pricing for this product design ranges from affordable to luxury, based on the ' ..... ......... ~_~END 2003 Feas inomics~, Inc~ All Rights Reserved 3~/5~ DEl; 0 2 2003 amenities end design of the villa. This type of product is typically found in Master Planned, Planned end Bundled goff communities. (See Community Type Defini'dons) TH (Town Home) Town Homes are two story-attached units typically offering living and bedroom areas on separate levels with 2 to 6 units per building. This product ranges in living area s~ze from 1,600 to 2,000 square feet. Parking is a one or two car garage attached to the building with access from the interior of the home. The pricing for these product design ranges from affordable to moderately price based on the location of the project. This type of product is typically found in infill, master planned golf, master planned and bundled golf communities. (See Community Type Definitions) SF (Single Family Producb'on) Single Family Production is a single family home sold as a home and lot package. Developers of this product pre-designed homes and offer 4 to 6 floor plans to choose from. This limited home selection reduces cost and increases construction efficiency, which typically results in better market acceptance. Lot sizes range from 65 feet to 89 feet of frontage and range in lot depth from 125 to 175 feet. This product ranges in living area size from 1,600 to more than 4,000 square feel The pricing for this product design ranges from affordable to luxury, based on the Iocaflonal amenities and design of the home. This type of product is typically found in Master Planned, Planned and Bundled golf communities. (See Community Type Definitions) SFE (Single Family Estate) Single Family Estate is a single family home sold as a home and lot package. Developers of this product pre-designed several floor plans, typically larger than found with the SF Production homes. This limited home selection reduces cost and increases construction efficiency, which typically results in better market acceptance. Lot s~zes range from 90 feet and greater of frontage and range in lot depth from 125 to 175 feel This product ranges in living area size from 1,600 to more than 4,000 square feet. The pricing for this product design ranges from upper-end affordable to luxury, based on the Iocafional amenities and design of the home. This type of product is typically found in Master Planned, Planned and Bundled golf communities. (See Communit~ Type Definitions) DV Lots (Detached Villa Lots) Detached Villa Lots are vacant sites in platted subdivisions sold as vacant and ready for development of a custom home. DY lots offer 64 feet or less of frontage and approximately 100 to 150 feet of depth. The pricing for this product design ranges from moderately to upper-end based on the location of the project, view amenity from the site and community amenities. This type of Product is typically found in master planned golf, master planned, infill and bundled golf communities. (See Community Type Definitions) SF Lots (Single Family Lots) 40151 2003 Feas inomics~, Inc. All Rights Reserved AC, rd~A ITr. M DE[; 0 2 ZOO3 Single Family Lots are vacant sites in platted subdivisions sold as vacant and ready for development of a custom home. Lots offer from 65 feet to 89 feet of frontage and approximately 125 to 175 feet of depth. The pricing for this product design ranges from moderately to luxury based on the location of the project, view amenity from the site and community amenities. This type of product is typically found in master planned golf, master planned, infill and bundled golf communities. (See Community Type Definitions) SFE Lots (Single Family Estate Lots) Single Family Estate Lots are vacant sites in platted subdivisions sold as vacant and ready for development of a custom home. Estate lots have 90 feet or greater of frontage and approximately 125 to 175 feet of depth. The pdcing for this product design ranges from upper-end to luxury based on the location of the project, view amenity from the site and community amenities. This type of product is typically found in master planned golf, master planned, infill and bundled golf communities. (See Community Type Definitions) © 2003 Feas inomics~, Inc. All Rights Reserved 4115' 6 © 2003 Feas inornics~, Inc. All Rights Reserved Calwun~Type ~ There are six community types that are unique to the Southwest Florida Market. These community types are Bundled Golf, Master Planned Golf, Master Planned w/o Golf, Adult Planned, Adult Master Planned w/o Golf and Infill. Each of the community types is defined below. Bundled Golf Communities Equity Inclusive or Bundled Golf Communities are those, which i4nclude equity membership to the golf and community amenities with the pumhase of the real estate. Community amenities offer 18 to 27 holes of golf with approximately 700 units allocated for each 18-hole course. The communities consist of between 300 and 600 acres of land with a diverse product mix. Typical products consisting of Garden Condominiums, (GN); Coach Homes, (CH); Mid-Rise condominiums, (MR);. Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). BecaUse of the diverse product mix, annual' absorption rates range from 100 to 250 units per year. Pricing ranges from the Iow $100,000 to over $400,000. Master Planned Golf Communities Master Planned Golf Communities are those, which do not include equity membership with the real estate. Community amenities include 27 or more holes of golf;, some offer a beach park and a town center. Equity membership to the golf club is an additional fee and is typically limited to between 300 and 400 members. The communities consist of between 600 and 3,000 acres of land with a diverse product mix. Typical products consisting of Carriage Homes, (CA); Coach Homes, (CH); Mid-Rise condominiums, (MR); Attached Villas, (AV); Detached Villas, (DV); and Single Family Lots, (SF Lots). High Rise product is also available if the community offers sites with views of the Gulf of Mexico or an open bay. Because of the diverse product mix, annual absorption rates range from 100 to 250 units per year. Pdcing ranges from mid $100,000 to over $1,000,000. Master Planned wlo Golf Master Planned w/o Golf Communities are those that do not have a golf course as an amenity however do offer an extensive community amenity and in some cases a town center. These communities consist of between 100 and 300 acres of land with a diverse product mix. The typical products within planned communities consisting of Coach Homes, (CH); Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). Annual absorption rates range from 50 to 150 units per year depending on price and location. Pricing ranges from the Iow $100,000 to over $300,000. AC.-49~A ITr~M DEC 0 2 2003 Adult Master Planned Golf Communities Adult Master Planned Golf Communities are those communities which have age restrictions of 55 years and older for ownership. This community definition includes only communities, which do not include equity membership with the real estate. Community amenities include 27 or more holes of golf; some offer a beach park and a town center. Equity membership to the golf club is an additional fee and is typically limited to between 300 and 400 members. The communities consist of between 600 and 3,000 acres of land with a diverse product mix. Typical products consisting of Carriage Homes, (CA); Coach Homes, (CH); Mid-Rise condominiums, (MR); Attached Villas, (AV); Detached Villas, (DV); and Single Family Lots, (SF Lots). High Rise prodUct is also available if the community offers sites with views of the Gulf of Mexico or an open bay. Because of the diverse product mix, annual absorption rates range from 100 to 250 units per year. Pricing ranges from mid $100,000 to over $1,000,000. Adult Master Planned w/o Golf Adult Master Planned Communities are those communities which have age restrictions of 55 years and older for ownership and do not have a golf course as an amenity however do offer an extensive community amenity and in some cases a town center. These communities consist of between 100 and 300 acres of land with a diverse product mix. The typical products within planned communities consisting of Coach Homes, (CH); Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). Annual absorption rates range from 50 to 150 units per year depending on price and location. Pricing ranges from the Iow $100,000 to over $300,000. Infiil Communities Infill Communities are those that a'e developed on parcels, which are limited in size due to surrounding development or other boundaries. These parcels typically range from 20 to 100 acres, with the community focus being the amenity center and the private feel. The typical products within hfill communities are Garden Condominiums, (GN); Coach Homes, (CH); Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). Annual absorption rates range from 30 to 130 units per year depending on price, location and product mix. Pricing ranges from the Iow $100,000 to over $300,000. © 2003 Feas inomics~, Inc. All Rights Reserved DEC 0 2 2003 UNDERLYING ASSUMPTIONS AND LIMmNG CONDITIONS In conducting this market analysis, the consultant has assumed, where applicable, that: 1. Title to the land is good and marketable. 2. The information supplied by others is correct, and the revenue stamps placed on the deeds used to indicate the sale prices are in correct relation to the actual dollar amounts of the individual transactions.. 3. There are no hidden or undisclosed sub-soil conditions. No consideration has been given to oil or mineral rights, if outstanding. 4. All general codes, ordinances, regulations or statutes affecting the property have been and will be enforced and the property is not subject to flood plane or utility restrictions or moratoriums, except as reported to your consultant and contained in this report. 5. The party for whom this report is prepared has reported to the consultant no original existing conditions or development plans that would subject this property to the regulations of the Securities and Exchange Commission or similar agencies on the state or local level. 6. No responsibility is assumed by the consultant for legal matters, nor is any opinion on title rendered herewith. 7. The consultant herein, by reason of this report, is not to be required to give testimony in court with reference to the property analyzed, unless an'angements have been previously made. 8. The consultant has made no survey of the property and assumes no responsibility in connection with such matters. Any sketch or identified survey of the property included in this report is only for the purpose of assisting the reader to visualize the property. 9. No environmental impact studies were either requested or made in conjunction with this study, and the consultant hereby reserves the right to alter, amend, revise, or rescind any of the opinions based upon any subsequent environmental impact studies, research or investigation. 10. Unless stated otherwise, no percolation tests have been performed on this property. In making the study, it has been assumed that the property is capable of passing such tests so as to be developable to its highest and best use, as discussed in this report. 11. Certain data used in compiling 'this report was furnished by the client, his counsel, employees, and/or agent, or from other sources believed reliable. Data has been checked for aqcuracy as possible, but no liability or responsibility may be assumed for complete accuracy. 12. No responsibility is assumed for matters legal in nature, nor is any opinion rendered herein as to title, which is assumed to be good and merchantable. The property is assumed free and clear of all liens and encumbrances, unless specifically enumerated herein, and under responsible ownership and management as of the date of this study. 13. The forecasts or projections included in this report are used to assist in the process and are based on current market conditions, anticipated short-term supply and demand factors, and a stable economy. These forecasts are therefore subject to changes in future conditions. 14. The consultant has relied upon the demographic data provided by the Lee County Community Development Department in order to project population trends, housing trends, gross sales trends, and economic trends for the subject area. The information relied upon is referenced within the applicable section of this report. The consultant does not warrant its accuracy. 2003 Feas inomics~, Inc. All Rights Reserved 4415' DEC 0 2 2003. .., 15. The consultant has obtained data regarding building permits for single family and multi family products from the Lee County Planning Department. It is the consultant's understanding that multi family permits are those for condominiums and for rental apartment complexes. The rental apartment complexes which are know to the consultant have been omilted from this analysis. This, therefore, would reflect condominium unit development as reflected and would correlate with condominium sales based upon the Property Appraiser's office. 16. The consultant has obtained data regarding building sales for single family and multi family products from the Lee County Property Appraiser. This data includes Developer sales to end-users and does not include on your lot sales or construction end loan sales. The consultant cannot warrant the accuracy of the data from this source. The consultant has segmented and amended the data based on market knowledge of the general market, however no individual sales have been verified. The sales used from these sources reflect statistical trends, with larger samples of data providing a more heavier weighting and smaller sample size results in less weighted percentage of the total markeL 17. The consultant has obtained data from each of the projects outlined in this report. A physical inspection of each community was made, along with data for each community obtained from a representative of the owner. The data obtained for each project is assumed to be true and correct, however the accuracy cannot be warranted or guaranteed. © 2003 Feas inornics~, Inc. All Rights Reserved 45151 DEC 0 2 2003. CERTIFICATION OF MARKET STUDY I certify that, to the best of my knowledge and belief, 1. The statements of fact contained In this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias in respect to the parties involved. 4. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions, in, or the use of, this report. 5. Michael J. Timmerman, SPA, has made a personal inspection of the property that is the subject of this report. 6. No one provided significant professional assistance to the persons signing this report. 7. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, and the State of Florida for state-certified appraisers. 8. I certify that the use of this report is subject of the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 9. The use of this report is subject to the requirements of the State of Florida relating to review by the Real Estate Appraisal Board. 10. Michael J. Timmerman, SPA, am currently certified under the continuing education program of the Appraisal Institute. 11. Michael J. Timmerman, SPA, am currently a State-Certified Residential Real Estate Appraiser, in accordance with requirements set forth in Section 475.501 of the Florida Statutes. My State Certification No. is #0001331. 12. "This certificate is in accordance with the Uniform Standards of Professional ADoraisal pr0Ctice Standard Rule 5-3, and with the Appraisal Institute, ~uDDlemental Standards of professional Practice. both effective January 1, 1989. Michael J, Timmerman, SPA St. Cert. Res. REA, 0001331 © 2003 Feas inomics~, Inc. All Rights Reserved 48151 DEC 0 2 2003 RESTRICTION UPON DISCLOSURE AND USE The by-laws and Regulations of the Appraisal Institute govern disclosure of the contents of this report. Michael J. TImmerman, SPA is a Member of the Appraisal Institute. The by-laws and Regulations of the Institute require each Member and Candidate to control the use and distribution of each report signed by such Member. This market study report and the contents and data contained herein are confidential and are proprietary property of FEASINOMICS, INC. No reproductions of any sort or release of any proprietary information contained within may be released without prior written consent of FEASlNOMICS, INC. Furthermore, neither all nor any part of this report shall be disseminated to the general public by use of advertising media, public relations media, news media, sales media, or other media for public communication without prior written consent of the signatories of this report. This report is for internal use of Ecogroup Inc. exclusively. The undersigned agrees to the confidentiality agreement, which is signed and attached as part of this report. This is copy number of Signature or Receiver Ed Oelschlaeger Date © 2003 Feas inomics~), Inc. All Rights Reserved 47/51 DEC 0 2 ; 003. QUALIFICATIONS OF TIE CONSULTANT Michael J. Timmerman, SRA State Certified Residential Real Estate Appraiser 0001331 PROFESSIONAL MEMBERSHIPS SRA Designation - Appraisal Institute National Education Committee - Appraisal Institute Associate Member- Urban Land Institute (ULI) PROFESSIONAL ASSOCIATIONS Realtor-Member, The Naples Area Board of Realtors, Marco Island Board of Realtors. Florida Association of Realtors. National Association of Realtors. FORMAL EDUCATION Bachelor of Science in Business Administration and Economics from Northland College, Ashland, WI, 1983, with minor in Finance. REAL ESTATE EDUCATION Course 101: Course 102: SPP Part A: SPP Part B: Course 310: Course 510 The Society of Real Estate Appraisers, Intro. To Appraising Real Property. (1986) The Society of Real Estate Appraisers, Applied Residential Property Valuation. (1987) Appraisal Institute, Standards of Professional Practica, (June 1991) Appraisal Institute, Standards of Professional Practice, (June 1991) The Appraisal Institute, Basic Income Capitalization, (July 1997) The Appraisal Institute, Advanced Income Capitalization, (December 1999) RECENT SEMINARS ATTENDED Appraisal Institute, Case Studies in Highest and Best Use. (2001) Appraisal Institute, Subdivision Analysis. (2001) Appraisal Institute, Valuation Modeling (2001) Appraisal Institute, GIS Analysis for Real Estate. (2001) Appraisal Institute, Residential Demand Analysis (2000) Appraisal Institute, Retail and Office Demand Analysis (2000) NATIONAL CONFERENCES ATTENDED Appraisal Institute National Conference, Minneapolis, MN June 2001. 2003 Feas inomics~), Inc. All Rights Reserved 4815 DEC 0 2 2O03. Appraisal Institute Fall Meeting, ChicagO, IL November 2000 Appraisal Institute National Conference, Las Vegas, NV June 2000 APPRAISAL EXPERIENCE CEO & President, Feasinomics, Inc., Naples, FL, May 1991 to Present Residential Appraiser/Partner, Collier ReSidential Appraisal, Inc., Naples, FL, June 1993 to August 1997 commercial Appraiser/Consultant, Armalavage and LaCroix, Inc. May, 1992 to June 1993 Partner/Appraiser/Consultant, Criteria Appraisal Associates, Inc., August, 1988 to May 1992. Appraiser/Consultant, Landmark Appraisal Service, Inc., January, 1986 to August 1988. Appraiser/Market Researcher, Horizon Appraisal Services, Inc., July, 1984 to January 1986. SELECTED CLIENT LIST Bank of America Golf Trust of America Barron Collier Companies Jack Parker Corporation Beazer Homes LaSalle Partners Bonita Bay Group, Inc. Miromar Development Corp. Center Fund Si,qnature Communities Centex Corporations Sunb'ust Bank Collier Enterprises Toll Brothers, Inc. 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Continued use of 'THE REPORT' after any such changes constitutes User's consent to such changes. © 2003 Feas inomics~, Inc. All Rights Reserved 51151 DEC 0 2 2003 Dear Neighbor, As you are likely aware, an affiliate of EcoGroup, Inc. applied last year to rezone the former Wiggins Pass Marina site from Commercial to Residential zoning. During the ensuing debate, our community has been barraged with information, some of which has been inaccurate or incomplete. We believe that all concerned citizens should be clear on the facts about this issue, so they are able to make an informed decision that is in the interest of our neighborhood. The former marina, which served only the needs of those who could afford to . store a boat there, is gone forever. Yet those who oppose the residential rezoning urge "saving the marina," and promote the purchase of this site and the Vanderbilt Inn with public monies from a tax increase called'a "franchise fee" on utility bills. That means we, the private citizens of Collier County, would pay tens of millions of dollars just to acquire the sites. We firmly believe that the silent majority of neighborhood homeowners do not support this tax increase and added government regulation. If you sh:m'e this .opinion, we urge you to contact our public officials and let them know that we have better uses for our precious public dollars. Many public officials and private citizens have expressed concern regarding the loss of public boating access and the need for increased public beach access. EcoGroup, Inc. has responded to these concerns by agreeing to make a gift of up to $2,000,000 to Collier County Parks and Recreation Department to provide enhanced public access to both boating and the beach. You should be aware of these major initiatives for the benefit of the neighborhood and the County at large: · Public parking at Cocohatchee River Park boat launch will be expanded to create 29 new boat trailer and 21 car spaces. This is made possible by an easement to be donated by EcoGroup, Inc. to the County. · We are also pleased to announce that EcoGroup, Inc. has agreed to donate up to $1,000,000 to the County to pay for the construction of a new public dock and boardwalk at Lely Barefoot Beach Preserve. This new facility will increase public beach access by making it possible for the County to operate a public beach shuttle departing from the Cocohatchee River Park. · Lastly, EcoGroup, Inc. has also agreed to donate an additional $1,000,000 to Collier County Parks and Recreation DeparUnent to provide additional enhancements for public boating access specifically earmarked for the North Bay area. These will truly be public benefits available to everyone.. When taken together, these initiatives will enhance beach and boating access substantially beyond what was previously limited to the paying custome~-- marina. 601 Bayshore Blvd. Suite 960 Tampa, FL 33606-2761 (813) 251-4868 (813) 254-5629 FAX IDEC022003 [ with the surrounding neighborhood. However, many people are asking about the alternatives to residential use. If the downgrade to residential zoning is denied, the property probably will be developed under the current commerci~l :on;~g. There are many outlandish possibilities within the broad commercial zoning classification, but the most realistic use could include a mix of grocery, retail, office, and restaurants. In order to maximize value, buildings would be placed as close as 25 feet to Vanderbilt Drive and within 15 feet of the north and south property lines. The $2,000,000 d~~,~tnd other benefits, including enhanced public boating and beach access would no longer be economically feasible, and the public would have no input into the design or types of businesses that would be built. Our experts report that maintaining the commercial zoning classification would also cause the neighborhood to suffer from increased traffic and lower environmental standards. We hope you will take the time to review the attached "Straight Facts" document that provides details on this important issue so that you can make your own decision prior to the public heatings before the Collier County Planning Commission October 2nd and the Board of County Commissioners October 28th. If you agree that residential zoning is the best choice for our neighborhood, then it is critical that you make sure your voice is heard by the decision makers. If you would like more information as to how to support residential zoning, please call Dolly Roberts of DBR Marketing at 239/261-6800 or via email at dbrmarketing~earthlink.net. Mrs. Roberts and her staff can provide you with names, addresses, letter-writing guides, and details on how to speak at the public hearings. Thank you for your time and consideration on this vital issue. We hope you will help us to make the right choice for the neighborhood and say "yes" to residential! Sincerely, EcoGroup, Inc. Ed Oelschlaeger President 601 Bayshore Blvd. Suite 960 Tampa, FL 33606-2761 (813) 251-4868 (813) 254-5629 F,a~X DEC 0 2 2003. ECOGKOUP THE STRAIGHT FA CTS Regarding the Coconilla pt rD £,epesa! - The proposed residential development will provide substantial revenue to the County now and in the future. ·Annual property taxes will be about $1,800,000 dollars per year (up from $77,000 per year under the former use) · One-time impact fees of approximately $960,000 · Profits from the new public fuel dock will be given to the County · Annual spending by residents will conservatively generate $18,000,000 dollars a year forlocalbusinesses! -~o~ ec~o e t.~ ? ~.~1"(.~(~ ~t'4/.~(~ 7-~ Public access to water will be enhanced, not restricted with the residential plan. · Funding of up to $1,000,000 provided to Collier County Parks & Recreation Department for construction of a dock and boardwalk to Lely Barefoot Beach. This allows for a public shuttle boat beach service to transport the public from the Cocohatchee River Park to Lely Barefoot Beach Preserve · Additional $1,000,000 million in funding provided to Collier County Parks & Recreation Department for projects that enhance public boating access in our North Bay area · The former marina was always a private facility for paying customers · Cocohatchee River Park water access to remain, enhanced with 29 new boat trailer parking spaces and 21 new car parking spaces · A boat fueling facility and a modem Ship's store will be constructed on the property and opened to the public Residential zoning benefits human and wildlife neighbors. · Significantly reduced vehicle traffic · Cleaner soil and water & higher standards for cleanup of current pollutants and for future use · Creation of additional wetlands; dredging in uplands only · Eagle Management Plan, created with and endorsed by Collier County Audubon Society · Manatee Protection Plan as required; significant decrease in boat ffaffic from 450 to 50 boats · Improved views, including the creation of a 250'+ view corridor over the estuary from Vanderbilt Dr. and Wiggins Pass Road. · Improved aesthetics with professional landscaping and native plantings 601 Bayshore Blvd. Suite 960 Tampa, FL 33606-2761 (813) 251-4868 (813) 254-5629 FAX DEC 0 2 2003. .,. /ciq The proposed residential development will be a low-density, high-qualit3' community, designed to complement the neighborhood. · Single residential b~l~ding with_ !02 residences_., 10 marina villas and a 50-slip marina · Staggered height from 15 to 21 stories to align with neighboring buildings ·. Density of 11.6 units/acre allowable up to 16 units/acre versus neighboring 10.98 units/acre · Setbacks 150 feet from Vanderbilt Drive, increasing to over 200 feet to the northwest It is consistent with the County's Comprehensive Land Plan. · Property now designated as Urban, Urban Residential Sub-District · Conversion from current C-4 commercial zoning to residential encouraged in Comprehensive Plan · Recommended for approval by County planning staff, environmental staff and citizen Environmental Advisory Committee De.at · of residential zoning will result in less desirable commercial development. Current zoning allows C-4 commercial development without public input (referred to as "by fight" development) · Probable commercial development would be mixed use with grocery, drug store, retail, restaurants and offices · Hotel allowable as a conditional use · Allowable commercial setbacks as little as 25 feet along Vanderbilt Drive, 15 feet side setback · No Cocohatchee Park parking expansion · No additional public boat and beach access afforded by the $2,000,000 donation What can I do to help? · Email to public officials · Letters to public officials · Attend the CCPC ("Collier County Planning Commission") meeting on Thursday, October 2n'~ at 8:30 AM and speak in favor of residential zoning. · Attend the BCC ("Board of County Commissioners") hearing on Tuesday, October 28t~ at 9:00 AM and speak in favor of residential zoning. · Please contact Mrs. Dolly Roberts of DBR Marketing at 239/261-6800 or via email at dbrmarketing@earthlink.net for letter-writing guides, speaker's notes, hearing details, and any other question you may have. Thank you in advance for taking the time to form an educated opinion on this very important subject. If we all work together, we can gain the benefits of residential zoning and avoid the negative impacts ora commercial use for our special neighborhood. ~~T~ 601 Bayshore Blvd. Suite 960 Tampa, FL 33606-2761 (813) 251-4868 (813) 254-5629 F2~X DEC 0 2 2003, DEC. 0 2 2003. ROBERT G. & DESSA T. CASSENS 5117 BUFFALO TRAIL MADISON, WI 53705 608-238-9085 dte~s.erm@,aol.com (Winter Season Residence) 43 5 DOCKSIDE DRIVE #802 NAPLES, FL 34110 239-514-1661 21 August, 2003 Mr. Fred Reisehl, AICP Collier County Government planning Services DepaMment 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Reischl, Thanks for your letter of AugUSt 15, 2003. Unfortunately, I find it impossible to attend and speak at the meeting scheduled for September 4 in regard to the "Coconilla" PUD. Nevertheless, I request that you place my name on the record as strongly supporting the Eco Venture request for rezoning. Please note also that I have previously written (to the Collier County Commissioners) detailed justification for my support of the "Coconilla" project. I would much sooner have the proposed residential project as a neighbor than an alternative commercial project. The residential project will be more environmentally friendly-less water pollution, less noise pollution and less impact by motor vehicles. Mr. Ed Oelschlaeger has an impeccable record for developing buildings which are not only highly attractive but fit unobtrusively into the environment. His projects "age well" because the owners are proud of them and keep them groomed and maintained. I urge that the rezoning be approved. Sincerely yours, Robert G. Cassens DEC 0 2 2003 From: Judy Richter [buckeyejudy~ueew.net] Sent: Tuesday, June 24, 2003 3:36 PM To: fredreischl~colliergov.net Subject: Wiggins Pass Marina <<< In the Matter of the Wiggins Pass Marina Rezone (Coconilla) - As a Citizen of Collier County, I hereby urge the Army Corp of Engineers, the Department of Environmental Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best interest of Collier County and Deny the Applications and the Rezone. There are significant reasons why the public interest is not served with a change of use on this property including: Collier County Growth Management policies which encourage water dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding Waterways, Cocohatchee River), Dredging of 3.6 acres. As a Citizen I am opposed to the Rezone, and would prefer to have the property remain commercial. I oppose any residential use that would allow any buildings to be constructed above the 75 foot C-4 commercial limit that the property is currently zoned for. I do not support the Bald Eagle Management Plan proposal which would allow construction in the Secondary zone(1500 feet) of the active Eagle Nest (CO-19) during the critical nesting season>>> Mr & Mrs Michael E Richter 270 Naples Cove Dr Naples FL AOI[NDA From: burgeson_b Sent: Tuesday, June 17, 2003 4:53 PM To: reischl_f; hadleykim Subject: FW: Wiggins Pass Marina Property here's another letter ..... Original Message ..... From: whiteway_c Sent: Tuesday, June 17, 2003 3:48 PM To: suitor_d; burgeson_b Subject: FW: Wiggins Pass Marina Property Please respond. ..... Original Message ..... From: joanie_schultz@ftsi.fujitsu.com [mailto:joanie_schultz@ftsi.fujitsu.com] Sent: Wednesday, June 11, 2003 3:43 PM To: NaturalResources@colliergov.net Subject: Wiggins Pass Marina Property Dear Madam or Sir: I am writing you in support of residencial use for the former Wiggins Pass Marina property. Since I am unable to attend the public meeting on July 2nd, I am sending you this email. I would have appeared in person if I were able! Having been a part-time Naples resident for the past 10 years, I am well aware of the efforts which residents have taken to ensure high standards in the "care taking" of property, parks and recreation, and in particular - - environmental issues regarding our waters, safety of manatees and bird sanctuaries. In many cases, I have recommended that "eco-friendly" individuals consider north Naples as their second and/or retirement home. Based on the information I have reviewed from individuals I respect, I truly believe that residential use of the property is the best and only option. Commercial use has the high probability of increasing pollution, seriously affecting our fish and mammals, in addition to lowering property values in the area. We very much need your support not just to maintain but to elevate north Naples standards. This is the best place to live in all of Florida; let's keep it that way! Thank you very much for your consideration. Sincerely, Joanie Schultz Director, Human Resources - FTSI DEC 0 2 2003 From: burgeson_b Sent: Wednesday, June 11, 2003 1:54 PM To: whiteway_c; reischl_f Subject: RE: Public Hearing for Environmental Advisory Cornmittee I'll send it to the planner and ask if he wants to distribute it at the meeting or send out before. Fred. what do you think? .... =Original Message--- From: whiteway_c Sent: Wednesday, .]une lZ, 2003 12:50 PM To: burgeson_b Subject: FW: Public Hearing for Environmental Advisory Committee How do we get this to the EAC? ----Original Message---- From: Park Shore [mailto:gulfshoreline@yahoo.com] Sent: Wednesday, .June 11, 2003 11.1:50 AN To: NaturalResources@colliergov.net Subject: Public Hearing for Environmental Advisory Committee TO: Environmental Advisory Committee members Ed Carlson, Michael Coe, Erica Lynne, Alfred Gal, .Ir., Alexandra Santoro, Thomas Sansbury, Ken Humiston, IVlichael Sorrell and 3ohn Dowd FROI~I: F. Brad Guerreiro, Naples resident and Pelican !sle Yacht Club Member Dear Sirs / Madams: ! have faith and trust that the higher good of our beautiful community and unequalled environment will prevail during the meeting on 3uly 2nd, 2003 with regards to the residential zonil for the former Wiggins Pass Marina property. DEC 0 2 2003 ! appeal to your professional and community duty as you fully embrace the merits of how we all will benefit the environment by cleaning up existing pollution, introducing state of the art standards to the new rnadna, reducing boat traffic, and more. As a community, and an environment, looking into the future, we will all win. Thank you for your attention. Kind regards, F. Brad Guerreiro Do you Yahoo!? Free online calendar with sync to Outlook(TM). DEC 0 2 2003. From: burgeson_b Sent: Wednesday, June 11, 2003 1:54 PM To: reischl_f; hadleykim Subject: FW: MARINA Here's another one. .... Odginal Message--- From: whlteway_c Sent: Wednesday, 3une 11, 2003 12:51 PM To: suitor_d; burgeson_b SUbject: FW: HARINA - Odginal Hessage--- From: Bonit~cat~aol.com [mailto:Bonil3cat@aol.com] Sent: Wednesday, 3une 11, 2003 10:47 AM To: NaturalResou rces@colliergov.ne~ Subject: MAI~NA I AM AGAINST BUILDING HOMES OR CONDO'S AT THE PRESENT LOCATION OF THE WIGGINS PASS MARINAI OUR WILDLIFE IS GOING TO SUFFER_WE HAVE ENOUGH BUILDINGS ON THE WATERFRONT.. LOZELLE 253 BAREFOOT BEACH BONITA SPRINGS FL 34134 DEC 0 2 2003 From: FiscusC~l.com Sent: Friday, June 27, 2003 2:18 PM To: jeb.bush~myflorida, com; saunders.burt.web~_,flsenate.gov; goodlette.dudley~myfloridahouse.eom; green.carole®myfloridahouse.com; Robert. M.Tewis~jaj 02.usaeoe.army.mil; JamesGMay~saj 02.usaeoe.army.mil; tom_maekenzie~fws.gov; Pamela. Ammon~dep.state.fl.us; jimeoletta~colliergov.net; fredeoyle~eolliergov.net; dormatiala~eolliergov.net; frankhalas~colliergov.net; tomhenning~eolliergov.net; LindyAdel~cs.eom; brad~TAXISusa, com; Dwight~gulfaeeess.net; russellbudd~sprintmail.eom; Davewolfley~aol.com; kla~att, net; Midney~aol.eorn; MPStmin~aol.eom; fredreisehl~colliergov.net; dusty_perkins~fws.gov Subject: WIGGINS PASS MARINA (COCONILLA PUD) To Our Florida Officials,' As on owner of property in Tarpon Cove, located in Naples of Collier County, I hereby urge the Army Carp of Engineers, the Department of Environmental Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best interest of Collier County and Deny the Applications and the Rezone of the Wiggins Pass Marina. There are significant reasons why the public interest is not served with a change of use on this property including: Collier County Growth Management policies which encourage water dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding Waterways, Cocohatchee River), Dredging of 3.6 acres. As a Citizen I am opposed to the Rezone, and would prefer to have the property remain commercial. I oppose any residential use that would allow any buildings to be constructed above the 75 foot C-4 commercial limit for which the property is currently zoned. I do not support the Bald Eagle Management Plan proposal which would allow construction in the Secondary zone (1500 feet) of the active Eagle Nest (CO-19) during the critical nesting season. And, I am adamantly opposed to moving the nest of the bald eagle in order to allow for this construction. Please do not allow this construction to take place. Carolyn Saxton 965 Tarpon Cove Drive #102 DEC 0 2 2003. 3o, oo3 Mr. Thomas Sambury Chaknm, Environmental Advisory Committee Collier County, FL De~ MI'. Sansbury, Having enjoyed the idyllic beauty of the Wiggius Pass Estuary for the past 12 years, my wife and applaud you and your Committee Members for all the ~ and effort you've expended in On Wednesday, August 6~, you will have the rare opportunity to either achieve a number of sigaific~t environmental-sensitive accomplishments ...or... inadvert~dy become an agent to increased e~sry pollution and erosion. That day you will allegedly be asked to weigh the environmental impacts of whether the Wiggins Pass Marina property should remain zoned '~.ornmercial", or be re-zoned for "Residential" usage. While you'll hear emotional arguments that this is a pro-boat vs. anti-boat argument, etc. I anticipate you will find this to be merely a "now-where-can-I-keep-my-boat" smoke screen. Let me add, Dorine and I are active boaters, and having spent a good deal of time around the Wiggins Pass Marina, we are convinced the real issues are ... pure and simple... Environmental!! Consider that the Marina had a capacity to store some 450 plus boats in 3 dry-stack sheds, and offered some 15 - 20 pontoon boats on ½ day - full day rentals. Of note, the Marina is located at a dead-end bay receiving rain/mai tidal flushing. Yet boats are being fueled (with some number experiencing "spillage") and with boats .starting up and idling with un-burned fuel/oil emitted into the air and water, at times it actually created a v/s~le sheen floating on the surface. Furthermore, despite a number of No -Wake signs leading to the Pass, much of this marina-generated boat tcat~ic bhtantly disregards the No-Wake zones creating excessive mangrove/shore-line erosion- While these observations are offered as examples of environmental abuses by some boaters and renters who have disphyed little if any vested interest in preserving the estuary's integrity, we ask you whether a Commercial or Residential zovlnE would best enable you to effectively implement your avowed Environmental Mission Statement. Sincerely, Joseph G. Miller, Dorine A. Miller 445 Dockside Dr. Naples, FL 341 l0 Ed Carlson Michael Coe Erica Lynne Alfred Cr~ Ir. Alexandra Santoro Ken Humiston Michael Sorrell John Dowd No. o II DEC 0 2 2003 The ~sidences at Pefican Is& rYacl~t Club Condominium Association, Inc. c/o The Warner Oorporation 886110~ Avenue Horth Haples, q=lorida 34108 (239) 591-1800 Phone (239) 591-2260 qeax February 17, 2003 Mr. Doug Fee, President - North Bay Civic Association P.O. Box 770273 Naples, FL 34107-0273 F£~ ~ 0 200~ Dear Mr. Fee:. We are writing on behalf of The ReSidences at pelican Isle Yacht Club Condominium Association, Inc.. Although we very much appreciate your concern for the North Bay community, we want to register our disagreement with your position of the VViggins Pass Marina. As the nearest neighbors to the property, the outcome of this issue will impact us most directly, so we hope you will give our perspective serious consideration. Importantly, many residents of Pelican Isle am members of North Bay Civic Association and we don't believe the NBCA is accurately reflecting the views of the local Naples community. Retaining the Marina is not a realistic option. As I know you are aware, the original Wiggins Pass Marina property owner has decided to close the marina and sell the property. The property is now under contract, and is thus not available for sale. Even if it were for sale, the cost of the land and the redevelopment that would be necessary to address the serious environmental, visual and noise pollution of the current marina make its operation as a marina an unprofitable enterprise. Neither the private sector nor the County can be reasonably expected to undertake such a losing proposition. It is time to face up to the fact that Wiggins Pass Marina will close permanently in April. A residential option for the property is far preferable to a commercial option· We must also remember that the property is already zoned commercial, and thus can be put to a number of uses, such as major retail, car dealership, ~ or others, without any additional approvals from the County. We can rll DEC 0 2 20C3- ,RIO that we would much rather have a residential property at that location rather than the noise, intrusyn, and traffic the commercial uses would bring to our neighbor. In fact, a residential property will generate 50% - 100% less traffic than will a commercial propertyl The residential developer is responsible, fair and ethical. We have had direct and long-term experience with the developer that is under contract to buy the marina property, as they were responsible for Pelican Isle Yacht Club. We can say without equivocation that they will do a quality job, and will be good neighbors. They keep their promises and treat others with great respect. They are to be trusted. We strongly believe that the North Bay community will be best served by coming together to develop reasonable and realistic solutions to the many issues that we face. We urge you to re-direct the consideration energy of your organization to that end, beginning with demonstrating support for the residential rezoning petition fo~' the Wiggins Pass property. It is clear that the County Commission must now choose between commercial or residential. Our Association has reviewed the proposed residential development plan and we recommend approval. We strongly urge that North Bay Civic Association support the residential alternative. You also need to appreciate that as civic association for North Naples, the association represents all the residents in this area. Therefore, the association must be a voice for everyone and not just the narrow, biased views of certain board members or individuals. We respectfully request that you post this letter on your website as a step in the right direction toward fair and balanced communication regarding this important issue. Thank you so much for y our attention. President, Board of Directors The Residences at Pelican Isle Yacht Club Condominium Association, Inc. CC: Collier County Commissioners Collier County Planning Commission Fred Reischl, Principal Planner AO~NOA I~ DEC 0 2 2003 RECEIVED NoFth s Dedicated to preserVing our coastal Florida lifestyle Position Statement The Coconilla PUD/Wiggins Pass Marina properly rezone May 26, 2003 .Introduction Eco Ventures/Coconilla PUD, a Tampa development company, has on file an application for rezone (PUDZ-2002-AR-3158) of the Wiggins Pass Marina to allow construction of a residential condo project of 112 units, all but 10 of which would be in a triple-fired high-rise building of 15/18/20 stories over FEMA and other height allowances. It is expected the true height, from grade to the highest roof peak, Will approach 250 feel The property is presently zoned General Commercial C-4, alloWing a maximum height of 75 feet (again adding the usual items that do not contribute to 'official' height as it Js presently defined in the LDC) with a setback of 50 feel The plan also involves the loss of 400+ dry dock storage slips and the dredging and excavation of nearly 4 of the ten acres for a boat basin a~:ommodating 52 wet slips for boats of up to 55 feet in length. Applications for this part of the proposed construction are pending before the US Army Corps of Engineers and the Florida Department of Environmental Protection. Approval of this project from these agencies is far from assured, and North Bay has on file a request for a public hearing conducted by the ACOE. It is our strong bel'.~f that to insure the F. AC, the CCPC, and the BCC have sufficient input and information on the serious environmental issues attendant this project that complete information, including the final ACOE report, is readily available to the County's heating process. North Bay Civic believes the application process should be halted until all missing elements are available for public inspection and review. We support this position herewith: Proposed Rezoning Inconsistent with comprehensive Plan Sufficient reason to deny the rezoning application exists because it is inconsistent with a number of Policies contained in the Collier County Plan. ^ denial of this rezoning is unlikely to be overturned by the Courts, especially under the standards established in the shifting burden of proof standard for rezonings adopted by the Florida Supreme Court in Brevard Coun~ 627 So.2d 469 (Fla. 1993). It should be noted that the . AGENDa. rezonings is still a bit more deferential to the local govemment than for special excep The Court in Snyder wrote: I DEC 0 Z 2003 ... we hold that a landowner seeking to rezone Property has the burden of proving that the proposal is consistent with the comprehensive plan and complies with all procedural requirements of the zoning ordinance. At this point, the burden shiff~ to the governmental board tO demonstrate thst · maintai-ninq the existin.q zoning cts3ssifi_~_ti_'on ~ respect tO the ~,ror~ tv a__r~_ mplishes a legitimate public pumose. (Emphasis added). The proposed rezoning from Commercial to Residential should be denied because it will allow a change in the existing use of the land that is inconsistent with the Comprehensive Plan; Conservation and Coastal Management Element, Goal 10, Objectivas 10.1 and Policies 10.1.1, 10.1.2,' 10.1'.3, 10.1.4, 10.1.5, 10.1.6, 10.1.7, 10.1.8, 11.4.7, as well as other Comprehensive Plan Policies: 'Policy 10.1.1 - Priorities for water dependant uses shall be: a. Public boat ramps b. Marinas 1. 'Commercial (public) marinas over. private marinas; 2. Dry storage over wet storage c. Commercial fishing facilities d. Other non-polluting water-dependent industries or utilities Policy 10.1.2 - No deep-water ports shall be allowed. Polity 10.1.3- Priorities for water-related uses shall be: a. Recreational Facilities b. Marine supply/repair facility · c.Residential development Policy 10.1.4 - The following priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetation communities for water dependent/water related land uses shall apply: a. Areas presently disturbed · b. Disturbed uplands c. Disturbed freshwater wetlands d. Disturbed marine.wetlands e. Viable, unaltered uplands f. Viable, unaltered freshwater wetlands g.. Viable, unaltered madne wetlands. Policy 10.1.5 -In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided (see Policy 7.2.3) Policy 1.0.1.6 - New marinas shall conform to the following criteria: a. Marinas must provide vehicle perking and sewage pump out facilities; b. Fueling facilities shall be designed to contain spills from on land equipment and shall be prepared to contain spills in the water. c. Marina facilities must be accessible to all public services essential to ensure their safe operation d. ' ' Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the county e. Dry storage should be encouraged over wet storage. No.~ Page 2 DEC 0 2 2003 Policy 10.1.7 - Marinas and other water dependent and water related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands Shall PrOvide for use by the general public. Policy 10.1.8 - All new marinas that propose to destroy viable naturally functioning madne wetlands shall demonstrate the economic need and feasibaity for such development. Policy 10.1.9 -These policies shall serve as criteria for the review of proposed development in 'S'I" designated lands.' Policy 11.4.7 - Prohibits construction seaward of the Coastal Construction Setback Line absent a showing that a prohibition would result in no economic utilization of the property. Most importantly, 'maintainin.q the existir .,:1. zoninq classification with resoect to the Drooertv accomplishes a le~litimate public purpose' which under Snyderaffords a basis for denial of this rezoning application (even if it were consistent with the Comprehensive Plan, which it is not). The existing use is a marina and dry dock storage facility available to the public on a first- come, first-served basis. The existing use of land provides a reasonable economic return on the investment-backed expectations of the current and future, prospective marina owners. The proposed private residential tower is not an allowable use of the subject land under the existing zoning scheme and such a rezoning would be inconsistent with the Collier County Comprehensive Plan. Dredging a deeper harbor is also inconsistent with the Collier County Comprehensive Plan and VViggins Pass Management Plan that is designed to accommodate vessels with a maximum of 3-foot draft. Other Comprehensive Plan policies operate to discourage additional residential units in the coastal high hazard area and floodplains. Other valid public policy concems are raised by the. additional impacts created by rezoning to allow residential units including the current deficit and shortage of schools in Collier County, recent constitutional amendments to reduce classroom size requiring even more school classrooms to serve residences, and loss of the marina and dry dock slips that service this area's tourist-based economy. Collier County has demonstrated a need for the existing use of the land as boat slips and 400+ dry dock spaces. A valid planning need is addressed and provided by the existing marina, but is not addressed by the proposed rezoning, especially if another replacement wet and dry storage marina location or site is not provided or designated on the Collier County Future Land Use Map or Zoning Maps. Collier county has few locations that are environmentally suitable for new marinas and situated closer to passes minimizing manatee related impacts. New marinas and dry storage facilities are increasingly difficult to permit at the state and federal levels and would likely be contrary to siting priorities of Policy 10.1.6 (resulting in disturbance of shoreline wetlands and uplands present in new locations rather than this 'area presently developed' with the existing marina use). However, many other locations are available to build residential towers. The residents of all towers are able and could continue to utilize the property as marina and drY dock spaces available under the existing zoning and current use of the property. To increase revenues for the private landowner the County could enter into private/public partnership at the marina through a sale and lease back concession or other altematives including creation of a number of condominium dry docks and boat slips, an option that has become increasingly popular with boaters and marinas in Collier County and Southwest Flodda. Page 3 DEC 0 EAC review necessary for Eco VentureslCoconilla PUD project The Land Development Code clearly supports the position that citizens be afforded an objective evaluation of any proposed development or site alteration with the potential of impacting the natural and environmental resources of the area. Astotfishingly, even though the subject property is well inside the inside the Coastal Management Zone, adjacent to a navigable waterway, and is one on which extensive dredging and excavation is proposed, the North Bay Civic Association discovered in late April that Development Services had no plan to bring this matter before the Environmental Advisory Council. Officials of that agency have since 'reconsidered and will be scheduling such a hearing for this appl~. in support of our point that an ElS is required, we submitted the following considerations: Section 3.8 of the Land Development Code establishes rules to assure that zoning matters are processed by the Board of County Commissioners in light of a complete understanding of the impact such decisions have on the environment. The very first sentence in 3.8.2.1 clearly shows that ElS rules apply to both present site alteration and to proposed development. Under LDC 3.8.3, an automatic waiver of the requirement to submit an Environmental Impact Statement and an appearance before the Environmental Advisory Council for any site seaward of the coastal management boundary can only be granted on parcels of less than 2.5 acres. The remaining possibilities for an exemption are in section 3.8.9. · An exemption exists for single family home or duplex (3.8.9.1) and for land under bona fide agricultural use (3.8.9.1.1), 3.8.9.2.1 (site altered prior to Code); 3.8.9.2.2 (no major flora or fauna); 3.8.9.2.3 (adequacy of surface drainage); 3.8.9.2.4 (improvement of ecological deficiencies); and 3.8.9.2.5 (the project uses existing buiidingswith no modification of the existing land forms.) Each of these criteria must be examined in light of the two-pronged test: applicability to the existing site and also to the proposed use. o The proposed dredging of a marina basin at depths greater than the surrounding area is a modification of existing land form that has enVironmental impact, especially because of o the shallow Wiggins Pass which is maintenance dredged only to accommodate vessels of 3 foot draft or less, and o the use of anti-fouling paint on larger vessels kept in wet slips rather than those currently kept in dry storage o deeper water basins can entrap pollutants and result in lower dissolved oxygen levels. · It's critical to note that an exemption under 3.8.9.2, providing for the possibility that in the opinion of the development services director the proposed project is not located in an'area, or on a parcel of land of environmental sensitiVily, requires consideration of each of the criteria (emphasis added.) These findings must be summarized in a written report placed in the public record and is subject to challenge. 3.8.9.2, requires that each and every criteria be considered and justified. · ElS. We additionally have ongoing concerns that (1) Wiggins Pass and the estuary cannot accommodate large vessels; (2) That conversion from dry slips to a wet slip harbor requil Page 4 The proposal to dredge some 400 cubic yards of submerged lands and excavate an over 72,000 cubic yards of uplands to create 50 slips for deep draft boats requires DEC 0 2 20O3 'the use of marine an~fouling paint on these larger vessels that can result in the accumulation of copper in the deeper, dredged marina basin; (3) Dissolved oxygen and water quality is also reduced in the deeper depth of marina basins; (4) This area at mouth of the Cocohatchee River, a listed impaired waterbody, is in need of restoration, not additional (non-maintenance) dredging; (5) The ama is also designated an Outstanding Florida Water that should not allow degradation of existing baseline conditions at the time of designation; (6) Nearby Pelican Isle/Conklin Point water quality testing showed increased copper trends and had previously agreed not to expand as part of a DEP permit challenge; (7) Vanderbilt Lagoon is suffering water quality problems and the Wiggins Pass estuary system may be implicated; (8) There will be pressure to bring this rezone, before the F. AC prior to the release of the final written determinations of the ACOE and the Florida DEP are made available. We believe these reports will include information on the public interest aspects of the project and other information critical to a fully informed atmosphere at the upcoming CCPC and BCC hearings. There is one final reason to bring this matter before the EAC: Collier County Ordinance 2000- 88. Details follow below. Eagle Management. Plan The required Eagle Management Plan, submitted with the most recent revision to I~ Eco Ventures/Coconilla PUD proJect, is not consistent with the stricter standards of the Signature/Cocohatchee Bay PUD plan in effect for the same secondary zone. All but a small portion on the southeast comer of the marina property falls in the 1500-foot secondary zone of the CO-19 eagle nest Signature is restrained from any construction work during the nesting season (October I to May 15.) Eco Ventures only proposes to have an approved monitor in place while construction continues unabated year round. Approval of this plan as proposed might · constitute a grant of special privilege to Eco Ventures and as such would be contrary to the Land Development Code (2.7.2.5.12). A grant would additionally be inconsistent with Ordinance 2000-88, the Cocohatchee Bay PUD, which incorporates an eagle plan that cannot be modified in any way without EAC review. ProPosed Donation of land by Eco VentureslCoconilla PUD Eco Ventures/Coconilla PUD's-new application adds a 'public use' tract of approximately one-third of an acre. Of interest, the parcel is carried on the tax rolls (Folio No. 00156600105) at a value of $50 (fifty dollars.) In exchange for some three dozen new parking spaces, the developer is asking for an additional 145 feet or 14 floors over the presently vested height limit of 75 feet Eco Ventures will convert that gift of sky to residential space worth well over $100 million. Should Collier citizens give up tens of millions of dollars worth of sky for a few additional parking lanes at the boat launch, in effect paying 3 to 4 million of dollars for spaces carded on the county books at less than two dollars each? And while there is no question that the additional parking is needed, it's obvious that the county enjoys a number of options to acquire this land at any time without having to make concessions on neighborhood sky and air or becoming party to the demise of a treasured place of public accommodation. A better plan would be to buy the marina as a public recreational facility or operate the madna as a private-public partnership. Page 5 AGENOA ITEM DEC 0 003 NeighborhoOd standards Despite the presence (or authorization) of a number of structures in the mid-rise category, the neighborhood maintains a definite hOrizontal visual character due to landscaping barriers and long setbacks. For example, the nearby Signature/Cocohatchee Bay PUD is required by Ordinance 2000-88 to 'impede the view of high rise residential structures from Vanderbilt Drive.' This is to be accomplished with a buffer of a minimum depth of 35' and of a height adequate to significantly hide all five buildings from the public's view from the roadway. Eco Ventures/Coconiila PUD cannot meet these requirements at the scale proposed to obscure the view of their building. The neighborhood standards imposed on Signature should be consistently applied to all future construction lest this hard won paradigm be negated by the change in the visual character of the neighborhood to a vertical one. The 2000 Signature ordinance also dictates a minimum setback from Vanderbilt Drive of one full building height, or 200 feet. Minimum setbacks from the other property lines must be one-half building height. Eco Ventures/Coconilla PUD promises only 50' for garage.structures, and 75% of the building height for the vertical surface of the residential tower. Signature is height limited to 200' or 20 stories for four of the buildings, with the northernmost tower restricted to 150' or 15 stories. Eco Ventures is asking for 220' or 20 stories over parking, FEMA, and roof elements. The Signature/Cocohatchee Bay PUD will be 91% open space. Eco Ventures/Coconilla PUD can only deliver 63% open space. Most importantly, the Signature/Cocohatchee project's density is 1.1 dwelling units per acre while Eco is proposing 11.6 DUA. We feel the proposed project is not compliant with existing neighborhood standards and fear that any exceptions granted this applicant or to subsequent petitioners will initiate a height and mass escalation from which there will be no recovery. The conversion to. residential clause This GMP clause, offering a density bonus for certain conversions from commercial to residential, if utilized in this case raises legitimate public policy concems. It was intended to encourage businesses to leave randomly located strip malls to gather in and around Activity and Interchange Centers. But this good concept has been misapplied to the 'death of common sense' in this case. Pockets of neighborhood commercial activity are important to minimize the need for travel to distant centers for a variety of everyday needs. The original purpose of the conversion bonus, which promotes dissolving all commercial zoning outside the county's two dozen Activity and Interchange Centers, could not possibly have been intended to eradicate such a prime water dependent marina and dry storage area. This neighborhood is far from a strictly residential one. The marina property abuts a tree residential area only along ts northern border. To the south is a public park (P;) to the southeast, a neighborhood commercial component within the Wiggins Bay PUD; to the east, a golf course (GO;) and to the west is an unbuildable rnangrove wetland..A .cr°ss al }~=s-i~e?j:HD~)TfTF~,- water channel to the southwest is Pelican Isle, zoned RT. This panoply oT abutting! balance with the needs of the residents of the Wiggins Pass area. - D _C G 2 2U03 Page6 Pg' ~ /7 Of significance, the commercial parcel in the northwest comer of the Wiggins Bay PUD has twice been rejected by the BCC for a rezone to residential. In October 1996 the Board turned dow~ a proposal for a 15-story, 56-unit condo tower on the grounds that it lacked adequate setback to conform to existing neighborhood visual standards. In March of 1998 the BCC again voted to deny a rezoning for the same parcel, this time for a pair of 7-story buildings requesting the maximum density bonus of 16 dwelling units per acre. This decision tumed on a finding that the proposed density was incompatible with the neighborhood standard of under 5 du/acre established in the adjacent residential portion of the Wiggins Bay PUD. It is the great fear of the North Bay Civic Association that a grant of the subject petition will result in an immediate application to resun'ect one of the previously rejected condo tower projects. And that would eliminate the last remaining possibility for a neighborhood commercial use or other amenity for the area. We note finally that the conversion of commercial provision declares that a bonus may be granted of up to 16 units per acre. The bonus is no....~t mandatory, but discretionary. Other considerations There is great local concem for the protection and most beneficial utilization of the property in question. The Wiggins Pass Marina, although consistently in private ownership, has operated as a place of public accommodation for many decades. The benefits of the proposed condo tower development would accrue only to a small group of people and be far outweighed by the detrimental effects on the thousands of boaters, renters, and charter patrons for whom this facility represents a singular hope of reasonably convenient Gulf access. The present use is water dependent while the proposed use is not. The property is located in a floodplain and coastal high hazard area. A marina in such a location is more appropriate than a residential project. The area is home to manatee and a family of American Bald Eagles, all of which are wall adapted to the present marina structure. The eagles and their new offspring perch daily on a Norfolk Island pine near the water and the manatee feed on a natural fresh water spring in the marina basin and are enjoyed by countless residents. The planned dredging and excavation would likely destroy both features. Private property rights guarantee owners enjoyment of their land and the abil~ to put it to a compatible productive use, but there is no entitlement to the use that results in the highest poss~le monetary gain. It is the distinct impression of the North Bay Civic Associal~on that a vast majority of our membership and citizens in the area impacted by the possible closure of the marina see the present commercial use as a positive feature that contributes grea~ to the character and diversity of the neighborhood. It is not self-evident that residential useis universally preferable to commercial use. Our neighborhood is classified on the Future Land Use Map of the Growth Management Plan as an Urban Mixed Use District. Many do not want the existing balance destroyed, and are not easily swayed by suggestions of having to tolerate a hotel, (a hotel would sti be AGEI~A Il'EH,. inconsistent with the policies contained in Objective 10.1 of the Comprehen~ ~e~[n_ ~' ~ and should be denied even under the existing zoning), if we do not succumt Page 7 rezone requesL Nor are we convinced that a madna cannot simultaneously be attractive, profitable, and well landscaped. Even the applicant admits that the proposed residential project would not result in a large reduction in tmfrm over that generated by the public access marina. But a significant cons'~eration in this matter is the increase in area traffic occasioned by the marina's closure as hundreds of neighborhood residents roam the far reaches of two counties to retrieve the boats formerly stored within the immediate area. From this perspective, the privatizati0n of the marina could result in a net increase in traffic. LDC 2.7.2.5. Nature of requirements of planning commission report When pertaining' to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in section 2.7.2.4 shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objec~ves, and policies and future land use map and ~he elements of the growth management p/an. The proposed rezoning is inconsistent with the policies set forth under Objective 10.1 of the Comprehensive Plan set forth above. It is further inconsistent with the · Recreation and Open Space Element, Policy 1.3.2, and Objective 10.2 of the Conservation-and .Coastal Management Element. These provide that the County must 'Continue to ensure that access to beaches, Shores and waterways remain(s) available to the public and develop a program to the availability of such access and to maintain a method to fund its acquisition.' This project rezoning would unarguably result in further limiting public access to the waterways. The Eco ventures/Coconilla PUD proposal is likely to cause impacts on the adjacent estuarine system. Policy 2.1.1 of the Conservation and Coastal Management Element obligates the county to evaluate all activities that drain into the estuaries and/or have an impact on the watersheds. The application is silent on this matter. The existing General Commercial classification permits the use of the property as a marina. The site has hosted a marina of public accommodation for several decades. The current use is water dependent while the proposed use is water-related. The County has an obligation to give pdority to water-dependent uses. (GMP, CCME, Objective 10.1 and policies thereunder) The proposed use would eliminate dry storage for 450 craft to create a private wet- slip marina for*the exclusive use of approximately 50 condo owners. This is inconsistent with the GMP, CCME, Policy 10.1.1 that obligates the County to give priority in water-dependent uses to public marinas over private marinas and dry storage over wet storage. Policy 10.1.3 says the county 'shall' grant priority to a marine supply/repair facility over residential development. Florida Statutes Chapter 163 requires development orders to be consistent with ali elements of the Growth Management Plan. This application is inconsistent with many policies contained in the Comprehensive Plan. AGENOA ITEM ' DEC 0 2 2003 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. It is far from conclusive that the present zoning precludes fair economic return. It is not difficult to find persons or companies interested in the property for a variety of uses, includi~ng some who would rebuild a public madna on the property. We note the January 22"= meeting between the petitioner and county planning ofrmials, the pdmary purpose of which was to discuss a conditional use for a hotel. It has been a fairly .consistent theme of Eco-Ventures public presentations that a hotel use will be sought for the property if the rezone is denied. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. It is not difficult to find people who claim to have moved to the neighborhood because of its proximity to the rr~rina. The list of'former renters sustains the claim that many of the 450 displaced dry-storage tenants live within a few mills of the location. A change in zoning from commercial to residential would not only forever preclude the possibility of some form of water access that is open to the public, but it most likely signal the end of the only other remaining possibility for neighborhood commercial at the opposite comer of Vanderbilt Drive and Wiggins Pass Road. 9. Whether the proposed change w~71 serfously reduce light and air to adjacent areas. The property is presently zoned Commercial C-4, with a height limit of 75 feet with a 50-foot setback. Any increase over the present limit will needllssly reduce light and air to adjacent public rights 'of way. These sky vieWS' belong to the people, who should not be forced to give them up without adequate compensation. 10. Whether the proposed change will adversely affect property values in the adjacent area. Maintaining the existing uses on the land will not adversely affect property ~alues in the area. Eventually the cumulative impact of loss of boating access will have adverse economic impacts on the tourist and retirement-based economy of the entire community. Boating plays a significant economic roll in Collier County and a reduction in boating access can easily be seen as leading to reduced property values. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The rezone application will grant a prospective purchaser uses that are inconsistent with the priorities for water dependent uses contained in the Comprehensive Plan (see, Goal 10.1). This will be contrary to the recreation-based economy and therefore to the public welfare. A grant of special privilege will result from this proposal. The application requests greater building height, lesser setbacks, greater mass, less green space, and more density than exists at either of the two closest residenfi~ PUDs: Cocohatchee Bay (1.1 dulacre) and V~r~gins Bay (4.9t du/acre.) Eco Ventures wants over 200% more than the highE Page 9 DEC 0 2 2003 figure, 11.6 du/acre. A density disparity factor of over ten fails the test for infill zoning and forms the basis of a claim of a grant Of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. -A marina operation on the subject property is viable economic use. Informed persons have opined that the market is experiencing an unsustainab.le property value bubble. North Bay has informally spoken.with a number of entrepreneurs and one banker with positive views on the prospect of renovating and operating a modem marina with dry storage capacity on the subject property under the existing zoning category. Rezoning would foreclose that opportunity. To increase revenues for the private · landowner, if desired, the County could also enter into private public partnership at . the marina through a sale and lease back concession. Other marina and dry dock altematives exist, including creation of a number of condominium dry docks and boat slips, an option that has become increasingly popular with boaters and marinas in Collier County and Southwest Florida. We believe the use of the property as a marina with dry storage is viable under its present zoning classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 'The most recent application references the creation of 'a massing transition and incremental increase from .the lower adjacent residential development to the southwest [Pelican Isle] to the taller residential development to the north.' The latter referenced project, the Cocohatchee Bay PUD, is required to be unobtrusive to the traveling public behind impeding horizon features. It is therefore incumbent on the petitioner avoid oven~helming the neighborhood by presenting a true transitional mass to the public. This of necessity means less height and bulk and/or greater setbacks than is required of Signature. As proposed, the design falls well short of neighborhood standards on visual masking. Absent a design that produces a mid-point of bulk and mass between the public park to the south (near zero height) and the Cocohatchee Bay PUD (200 feet,) this p~oposal must be denied on failure to comply with Section 2.7.2.5 of the LDC. There exists ample precedent for a denial on grounds of scale. A commercial parcel within the W'~jgins Bay PUD, diagonally across an intersection from the subject' property, wes twice denied a conversion from commercial to residential. Both denials were based on grounds of excessive intensity, first expressed as visually unacceptable height (15 stories) in October of 1996 and subsequently for density exceeding neighborhood standards in March of 1996. The 3.5-acre parcel remains classified commercial today.. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in distrfcts already permitb'ng such use. The application is silent on this point, but there are other areas available to build a condo tower without depriving this neighborhood and the entire county of a much- needed place of public accommodation for access to the Gulf and the Intercoastal Waterways. Page 10 AC..~.NOA ITEM DEC 0 2 2C 3 Conclusion The commercial use is in place and fully compliant with the standards of a Mixed Use Urban District. Maximum building height is presently restricted to 75 feet, consistent with the nature of the neighborhood as one of Iow visual impact. While the list of permitted uses in a C-4 zone is extensive, most of those uses am not practical on watm'fn:mt property and are effectively 'off the table.' This narrows the choice of future use on the property as a commercial district to a handful of Iow-impact madne related choices. Further erosion of water dependent commercial marinas in this area is insupportable. Further, it is well established by two BCC decisions that residential use is not necessarily less intense or more desirable than commercial when the impact of visual mass and density is evaluated along ~ the more traditional criteria. It is also established by a prior BCC decision that building height, of and by itself, can under certain circumstances make a significant contribution to a project's intensity. In each of the previous two proceedings, the first decided 3-2 and the most recent 5--0, it was amply demonstrated that Iow-intensity commercial activity in neighborhoods can be a preferred use as it captures traffic that would otherwise flood the larger road network. This thinking by earlier commissions proved prescient; such Smart Growth policies have since been incorporated in a number of recently planned communities. The developer argues forcefully that a marina is not a viable option. But there are many claiming otherwise.. . that with modem storage techniques and attention to appearance a marina could be both profitable and a visually pleasing asset to the neighborhood. And even a tasteful boutique hotel would be more consistent with the adjacent commercial use in the Wiggins Bay PUD and in the three RT zoned parcels to the south than is the plan for a private, gated condominium project at issue in this proceeding. The currently proposed design---said by the developer to represent the smallest viable configuration for residential usc creates the serious issue of overwhelming bulk relative to the adjacent properties. We feel th~ more intense use is incompatible and out of compliance with the neighborhood standards and with the Land Development Code itself. Residential use assures a loss of boating and waterfront access, sky views, and a permanent preclusion of the possibility that the property continue as a place to accommodate shoreline and boating access on a first come first Served basis under Collier County's wate, f~unt priorities. While the PUD district is .widely regarded as "custom or cluster zoning' that encourages innovation in the development process, it is by no means devoid of constraints and limitations. LDC 2.2.20.3.3 states that ail PUD dimens'K~nal standards must conform to those of the zoning district to which it most closely resembles in type, density, and intensity of use. The Coconilla PUD most closely resembles either the RMF-16 district, which places a 75-foot limit on building height or the RT district with a more liberal lO0-foot limit. But this petition is asking for 220 feet, over double the height of comparable conventional d~. That is not a reasonable interpretation of the dimensional rules for PUDs. 'PUDs were never meant to $&=ay substantially from what you would normally be entilfed to under a conventional zoning distrfct.' This is a verbatim quote from Ron Nino, a former county planner, taken from the transcript of the October 8, 1996 BCC hearing. It speal volumes about the disconnect between this proposal and the Land Development Cod~ Page 11 DEC 0 2 2003 We believe the destruction of the horizontal character of the neighborhood creates a significant obstacle to converting this property to residential use at this time. It is also an important consideration of a virtual certainty that approval of this 20-story building will remove all barriers to the construction of a high rise at the Wiggins Bay property and may even give neighboring proper'des the needed precedent to .re-open their PUDs for taller buildings and lesser setbaCks. The benefit of additional parking, reduced pollution, minimal traffic impact, tax revenue, and pleasing landscaping is not exclusive to this condo tower project. Similar improvements will accrue to the neighborhood in any in.teiligenUy authorized future use of the property, including commercial marinas. It is the position of this Association that there is a higher and better calling for this marina property than as a site for a building that shatters hard-earned neighborhood standards on height, setback, bulk, density, and obtrusiveness. This is consistent with the desire for a quiet, Iow-traffic impact, clean, visually pleasing and otherwise beneficial use that unites all sides of this issue. The area has no further 'use for projects that constantly prompt the comment 'How did THAT get permitted?' Denial of the rezone on the grounds of non-compliance with county law is a proper conclusion to this proceeding. It will preserve the character and diversity of this mixed-use neighborhood in a manner truly consistent with the public interest of all the citizens of Collier County and the numerous visitors who comprise an important part of the local economy. The North Bay Civic AssociaUon Board of Directors · May 26, 2003 Page 12 DEC 0 2 2003 There is sufficient reason to deny this rezone application becanse it is inconsistent with a number of policies in the GrOwth Management Plan. This paper shows officials that even if the proposal were consistent with the Comp Plan, which it is not, the BOCC can still legally maintain the existing zoning classific~ion becau~ it accomplishes a number of le~ritlm*t~ public purposes. 1 F~S and EAC neces.~_~ under LDC 3.8. 4 Proposed eagle management plan in conflict with existing ordinance. Changes require EAC review. 5 Donation of parking spaces to county park inadequate to offset girl of exh~ height requested.' The price of this rezone is far too high. The people are being asked to forfeit the pleasing horizontal symmetry of the neighborhood for a handful of parking spaces in the nearby public park...something the county can otherwise obtain without s-_cri_ 'ficin~ the nearby skyline to another overly massive concrete tower. 5 Proposal falls to meet neighborhood standards established by Ordinance 2000-88. Setting a ~gerous p~__~t. 6 The conversion of commercial bonus no longer serves a compelling county purpose and should be abolished. The argument that the rezone is justified to restore the residential nature of the area is one lacking a factual basis. There are six separate zoning categories represented among the properties abutting the marina parcel. One, the RT distri~ hosting Pelican ~s]e, is already authorized for hotels, motels, family ' care facilities, tlme$~nres, and townhouses. 6 The existing commercial zoning is a positive feature that contributes greatly to the character and diversity of the neighborhoo& The removal of one of the two neighborhood commercial patois will have a negative impact on traffic countywide. 7 Reasons to deny exist under Land Development Code Section 2.7.2.5 8 2.7.2.5 (1): Inconsistent with GMP policies on beach, shore and waterway access. 8 2.7z2.$ (12): A grant of special privilege would result fi~m approval of this rezone for greater building height, lesser setbacks, greater mass, less green space, and more density than exists at either of the two adjacent residential PUDs. 9 2.7.2.5 (14): The Coconilla residential tower project proposes 30% greater mass than any buildin~ in the area and would be out of scale with the neighborhood. 10 Precedent for denial exists. An adjacent commercial PUD was twice rejected for rezone to residential. 11 Further erosion in the neighborhood's commercial zoning is contrary to Smart Growth policies now embodied in the Land Development Code. Nodes of low- intensity neighborhood commercial activity captures traffic that would otherwise degr-_d_e, the lar~er road network~ 11 The demand for 220 feet ofbeight is completely inconsistent with the LDC rule on PUDs. LE)C 2.2.20.3.3 states that all dimensions in PUDs adhere to those in the most comparable conventional district. The requested height is 145 feet over the 75 presently allowed in the district. A former plsnner is quoted. 11 The desire for a quiet, low-traffic impact, visually pleasing use'for this prol~-y unites all sides of the debate. But such benefits are not tied to granting this request for another building that overwhelms its surroundings to forever alter the horizontal character of the neighborhood. 12 Page 13 DEC 0 2 2003 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8517N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-4" GENERAL COMMERCIAL DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCONILLA PUD LOCATED ON VANDERBILT DRIVE (C.R.# 901), AT THE WESTERN TERMINUS OF WIGGINS PASS ROAD (C.R.# 888), IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.45 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere, AICP, of RWA Inc., representing EcoVenture Wiggins Pass, Ltd, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 17, Township 48 South, Range 25 East, Collier County, Florida, is changed from from "C-4" General Commercial Zoning District to "PUD" Planned Unit Development Zoning District in accordance with the Coconilla _~D Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8517 N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency -Marjori~, M. Student istant County Attorney PUDZ-O2-AR-315S FP-Jlo -1- COCONILLA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCONILLA, A PLANNED UNIT DEVELOPMENT (PUD), PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-102, AS AMENDED. PREPARED FOR: ECO VENTURE WIGGINS PASS, LTD. 601 BAYSHORE BOULEVARD, SUITE 960 TAMPA, FL 33606 PREPARED BY: ROBERT J. MULHERE, AICP CONSULTING 3050 NORTH HORSESHOE DRIVE, SUITE 270 NAPLES, FL 34104 G:~Curreat~Reisc hl~PUD~oconilla~Coco nilla PUD 11 - 10-03.doc DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REP DOCUMENT DATE EXHIBIT "A" DEC 0 2 2003 INDEX SECTION I SECTION II SECTION HI SECTION IV SECTION V SECTION VI List of Exhibits and Tables Statement of Compliance Property Ownership & General Description Project Development Residential "R" Development Tract Public Use "P" Tract Marina Basin "M" Tract General Development Commitments PAGE ii 111 1.1 2.1 3.1 4.1 5.1 6.1 G:~Cunemt~Rei~hl~l. lB~oconilla\Coconilla PUD 11-10-03.doc DEC 0 2 2003 LIST OF EXHIBITS AND TABLES EXHIBIT "A" EXHIB1T "B" TABLE I TABLE II Planned Unit Development Master Plan Legal Description Land Use Summary Development Standards G:~C urrem~qsc hf~PUD~oconillag2oco nilla PUD 11 - I 0-03.doc ii IDEC0 2 STATEMENT OF COMPLIANCE The proposed Planned Unit Development (PUD) provides for the development of approximately 10.45 + acres of property in Collier County to be known as Coconilla PUD and allowing for up to 95 residential units in a residential tower building and town home units, with customary accessory uses including up to 20 cabanas; a marina building; and a marina basin with 52 boat slips (project). The Project will comply with and further the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan (GMP). Coconilla PUD will be consistent with the applicable elements of the GMP for the following reasons: Traffic ways, utilities, and other public facilities necessary to serve the Coconilla Project are adequate. The project will participate in the expansion of existing pUblic facilities to the extent of its impact on those facilities via payment of impact fees. The Coconilla PUD will be compatible with and complimentary to existing and planned land uses in the vicinity. The project lies in a waterfront area which includes significant high-rise multi-family development. The subject property's location in relation to existing or proposed community facilities and services permits the project's residential density as described in Objective 2 of the Future Land Use Element (FLUE) and further authorized by the Conversion of Commercial Zoning Policy set forth in the Density Rating system of the FLUE. The project's is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Under the FLUE Density Rating System as an incentive to convert commercial zoning which is not consistent with the locational requirements set forth in the FLUE, a density bonus of up to 16 units per acre may be granted for conversion of such non-conforming commercially zoned properties from commercial to residential use. The project must be compatible with the surrounding land uses. The subject property, located on Cocohatchee Bay with direct access to the Gulf of Mexico, is immediately adjacent to and compatible with the Cocohatchee Bay PUD Zoning District to the north, west, and east across Vanderbilt Drive. That PUD Zoning District allows high-rise residential development adjacent to the subject property and golf course development to the east, across Vanderbilt Drive. The County Park and the Pelican Isle Yacht Club Marina and Residential Towers are located to the south of the subject property. The allowable residential uses are compatible with adjacent residential and park uses. The Collier County Land Development Code (LDC) does not permit the use of marine wetlands in density calculations. There is 0.43 acre of marine wetland on the site, resulting in a 10.02 acre parcel to be used in density calculations. The gross density for the PUD, therefore, is calculated as follows: 95 units/10.02 acres = 9.5 dwelling units per acre. Improvements are planned to be in compliance with applicable sections of the Collier County LDC as set forth in Objective 3 of the FLUE. The project will result in an efficient and economical allocation of community facilities and services consistent with Objective 3 of the FLUE and its attendant Policies. The project is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this Project are subject to the County's Concurrency Management System as set forth in the Transportation Element and implemented throu~,h G:'~Current~J~.eischl~PUD\Co~onilla'42oconilla PUD 11 - 10-03.doc Division 3.15, of the LDC, Adequate Public Facilities. m DEC 0 2 2003 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 1.2 1.3 1.4 1.5 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Coconilla PUD. LEGAL DESCRIPTION The subject parcel is located in Section 17, Township 48 South, Range 25 East, Collier County, Florida. See PUD Exhibit "B" for a full legal description. PROPERTY OWNERSHIP The subject property is owned by Wiggins Pass Marina Co. Inc., a Florida Corporation. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on Vanderbilt Drive (C.R. 901) at the terminal point of Wiggins Pass Road (C.R. 888), in Section 17, Township 48 South, Range 25 East, Collier County, Florida. The lands to the north and west of the subject property are zoned Planned Unit Development (PUD); specifically, these lands are a part of the Cocohatche Bay PUD. Lands directly to the east of Wiggins Pass Marina are part of the Vanderbilt Drive right-of-way. Across Vanderbilt Drive, further to the east, the property is also part of the Cocohatchee Bay PUD. To the southwest of the property is the Cocohatchee Bay. To the south is the Cocohatchee River Park (formerly known as Conklin Point), maintained by Collier County Parks and Recreation Department. This property is zoned "P", Public Use. The zoning classification of the project prior to approval of this PUD Document was C-4. PHYSICAL DESCRIPTION Ao Bo The site is generally flat, ranging in elevation from 0.0 feet NGVD at the Cocohatchee Bay to approximately 9.48 feet NGVD. The uplands generally range from 5.06 feet NGVD to 9.48 feet NGVD. The site lies within Flood Zone AlE (EL 12 feet) according to Flood Insurance Rate Map (FIRM) Map Community 120067, Panel 0187 E, dated August 3, 1992. The project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Cocohatchee Bay after pre-treatment. Soil types within the project include: Aquents complex, consisting of urban land and soil materials that have been dug from different areas of the County and spread over muck soils (such as those which historically existed on the site) as fill material; and, Holopaw- Basinger complex, consisting of urban land and fine sands and sa dy l~~tn at least 80 inches. DEC O 2 2003 1.1 G:K2urrentkRekschlkPUD~Coconilla\Coconil]a PUD 11-10-03.doc 1.6 PROJECT DESCRIPTION The project will consist of up to 95 residential units in a residential tower building and town home units, a gatehouse, a marina building and a marina basin with 52 boat slips, internal roadways, guest and service parking areas, water features and detention areas, off-site turn lanes onto Vanderbilt Drive and associated on-site underground infrastructure, and typical associated accessory uses. Residential and recreational uses are designed to be harmonious with one another in a natural setting by using common architectural themes, 'appropriate screening and buffeting, and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "COCONILLA PLANNED UNIT DEVELOPMENT ORDINANCE." G:V2urrent~Reisc~onilla~Coconflla PUD 11 - 10-03.doc 1.2 DEC 0 2 2003 SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to generally describe the plan of development, the relationships to applicable County ordinances, the respective land uses included in the project, as well as other project relationships. GENERAL Ao Development of the Coconilla PUD shall be in accordance with thecontents of the PUD Document and applicable sections of the LDC and GMP in effect at the time of issuance of any development order to which such regulations relate such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Where the regulations set forth in this PUD fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Deviations from the provisions of the LDC (or any other applicable provisions of the Collier County Code) are set forth under Section 2.3 of this PUD Document. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for tl~ development of the Coconilla PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived, or excepted by this PUD and identified under Section 2.3 of this Document, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land that 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 LDC. G:qZurrentkReischlXPUD~oconillaXCoconilla PUD I 1-10-03.doc 2.1 DEC 0 2 2003 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is illustrated by Exhibit "A," the PUD Master Plan. extent of land uses within the project are indicated on Table I. The nature and COCONILLA LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U. s / WETSLIPS ACRES % of SITE Residential "R" 95 DUs +/- 5.65 acres 54.% Marina "M" 52 slips +/- 4.00 acres 38% Public Use "P" N/A +/- 0.8 acres 8% Open Space Landscaping Detention Areas Marina Pool +/- 3.4 acres +/- 0.2 acres +/- 4.0acres +/- 0.15 acres Total Open Space +/- 6.58 acres or 62.9% Impervious Area Pavement Buildings Sidewalks +/- 2.0 acres +/- 0.5 acres +/- 0.2 acres Total Impervious +/- 2.7 acres or 37.02% Total 10.45 100% 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the LDC, and the platting laws of the State of Florida. Exhibit "A," the PUD Master Plan, constitutes the required PUD development plan. Any division of property and the development of the land shall be in ce 3.2 of the LDC, and the platting laws of the State of Florida. 2.2 G:\Current~ReiscI,J~UD~oconilla'~Coconilla PUD 11-10-03.doc DEC 0 2 2003 2.5 2.6 2.7 The provisions of Division 3.3 of the LDC, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division. Site development plan approval shall be obtained prior to the issuance of any buildin permits. Do Utility, road, public, and private easements shall be established as required during the SDP and/or plat approval process. Appropriate instruments will be provided at the. time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. MODEL CENTER / SALES & CONSTRUCTION OFFICES A temporary model/sales center, construction office, and other uses and structures related to construction administration, promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses in the Coconilla PUD, subject to the requirements of Section 2.6.33.4 and other applicable sections of the LDC. A sales center may be permitted prior to final plat approval or as part of a separate SDP, as provided in said Section 2.6.33.4. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5. of the LDC. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by a master property owners' association. The association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the master association, the applicant may create a property owners' association(s) or condominium association(s), whose functions shall include provision for the perpetual maintenance of such common facilities and open spaces. The master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and reserves serving the Coconilla PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers and South Florida Water Management District. 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development (PUD) District is intended to encourage ingenuity, innovation, and imagination in the planning, design and development of land under unified ownership or control, as set forth in the Section 2.2.20.2.3 of the LDC. The subject site will be developed in harmony with surrounding land uses and shall be compatible, in terms of architecture and land use with existing and proposed surrounding land designed with a common architectural theme including enhanced ~ architecture components, water features, landscape design, and entryway 2.3 G:~Cur~nt~Reischl~OUD~C.x~onilla~oconilla PUD 11-10-03.doc uses.~dUll~alll~a~all ~d /~lS, egrated ~uildir eatures~- <~ DEC 0 2 2003. 2.9 Building heights shall be limited to create a massing transition and incremental increase from the lower rise existing, adjacent residential development to the southwest to the high_rise approved but yet unbuilt residential development to the north. Increased setbacks are provided from Vanderbilt Drive in order to allow for innovative landscape buffers, and a pleasurable streetscape. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Coconilla PUD. General permitted uses are those uses that generally serve the developer_and residents and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1. of the LDC. 2. Water management facilities and related structures. o Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. Recreational facilities such as pools, fitness and community centers, tennis courts, and similar structures. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants including necessary access ways, parking areas, and related uses, subject to Section 2.6.33 of the LDC. o Landscape features including, but not limited to, landscape buffers, berms, fences, water features, and walls which shall be in accordance with the LDC in effect at the time of final plat approval or site development plan approval_unless otherwise specified herein. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures associated with General Permitted Uses: 1. Setback from Vanderbilt Drive - Fifty feet (50'), except for: a) Guardhouses/gatehouses, access control structures supporting water features, detention areas, or lakes such which shall have no required setback; and 2.4 G:~urrent~ReischI~pLrD~oconilla~Coconilla PUD 11-10-03.doc nd s['[ri ltures ! ts bthl ead ;pr ls,: DEC 0 2 2003 b) Temporary construction offices and sales facilities which shall be set back a minimum of thirty feet (30') from Vanderbilt Drive. Setback from other exterior property lines - Twenty feet (20'). Minimum distance between structures - Ten feet (10'). 4. Minimum floor area - None required. Sidewalks and/or bikepaths may be placed within County required buffers., The width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cart path. The interconnecting sidewalk from the project to the Cocohatchee River Park is specifically excluded from this provision to increase the landscape buffer based on infringement into the landscape buffer set forth in Section 2.4.7.3.(4)b of the LDC. o Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the applicable LDC provisions in effect at the time of final plat or SDP approval. 2.10 OPEN SPACES REQUIREMENTS The Coconilla PUD shall be required to provide a minimum of sixty (60) percent open space as required by Section 2.6.32 of the LDC. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS The site is developed and is void of native vegetation. Native vegetation landscape areas shall be provided in accordance with LDC requirements. 2.12 LANDSCAPING REQUIREMENTS In addition to the applicable requirements of Division 2.4 of the LDC, the following shall apply: 1. A perimeter berm along the Vanderbilt Drive frontage shall_be constructed in conformance with Section 2.4.4 of the LDC. 2. A Type "D" landscape buffer with a minimum width of fifteen (15) feet shall be developed along the Vanderbilt Drive frontage. The landscape buffer shall include development features that provide for an attractive vista along the Vanderbilt Drive corridor and may incorporate detention areas, small fountains or other similar water features and an architecturally designed wall. Such features shall be located ay least fifteen feet from the property line, maintaining a minimum fifteen-foot wide planting area. 3. The width of required perimeter landscape buffers along the western and southern project boundaries may be reduced as follows: a) may be reduced to ten feet. This 10 foot buffer shall meet the buffering between the Cochatchee River Park (Public Use zonec PUD. The required fifteen-foot landscape buffer along the project's southern property boundary i'"}C' re~nnlr~m~nt~ fo' pro~3~ tM. G:\Ctment~-qschl~PUl~Coconilla~Coconilla PUD I l-lO-03.doc 2.5 DEC 0 2 2003 b) The required landscape buffer along the portion of the property's western boundary (marina basin) shall be reduced frOm the required ten feet (10') to zero feet (0'), a deviation from Section 2.4.7 of the LDC. Other than as specifically indicated in Paragraph 3 of Subsection 2.12 above, all other landscape buffers shall comply with the provisions of the Collier County LDC at the time of site development plan approval. G:'~12un'eat~Rei.qchl~P~o~onilla~Coconilla PUD 11-10-03,doc 2.6 DEC 0 2 2003 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL "R" DEVELOPMENT TRACT PURPOSE The purpose of this Section is to establish land use regulations and dev,elopment standards for the residential development tract designated on Exhibit "A," the PUD Master Plan, as "R". MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 95. GENERAL DESCRIPTION The area designated as "R" on the PUD Master Plan is designed to accommodate high-rise multifarnily residential and multi-family town home dwelling units, recreational facilities, essential services, and other customary accessory uses. The approximate acreage is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.2 and Division 3.3 of the LDC. The Residential Tract "R" is designed to accommodate internal roadways, open spaces and amenity areas, lakes, detention areas, and other water management facilities respectively. USES PERMITTED A. Principal Uses 1. Multiple-family dwellings. Off-site hauling of excess excavated fill materials during construction, subject to the issuance of a commercial excavation permit if required, consistent with the Division 3.5 of the LDC. Bo Accessory_ Uses 1. Uses and structures customarily associated with principal uses. 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools, or similar recreational uses. 3. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. GACurrent\ReischhPUD~oconilla\Coconilla PUD 11-10-03.doc 3.1 DEC 0 2 2003 238 3.5 DEVELOPMENT STANDARDS Ao Table II sets forth the development standards for land uses within the "R" Residential Tracts. Bo Standards for parking, landscaping, signs and other land uses, where such standards are not specified within Table II or within the Coconilla PUD, shall be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. COCONILLA DEVELOPMENTSTANDARDSF-OI~ TABLE H DEVELOPMENT STANDARDS Multi- Family Dwellings Minimum Lot Area N/A Minimum Lot Width N/A Setback for Principal Structures From 2 Exterior PUD Boundary Setbacks for Accessory Structure Setback from Exterior PUD Boundar~ 2 From Water Maximum Building Height (BH) Distance Between Principal Structures Floor Area Minimum (Square Footage) Fifty percent (50%) of BH with a minimum of thirty-five feet (35') for town homes, pavilion, and parking structure(s), except adjacent to Vanderbilt Drive where the setback is seventy-five percent (75%) of building height. For generally permitted structures see Section 2.9 B. Ten feet (10') or equal to the amount required by the LDC or this PUD for the landscape buffer if greater than ten feet (10'). Residential structures, towers and parking structure - 20 feet Marina related structures - None For ~enerally permitted structures see Section 2.9B. Tower building: Building heights shall transition from a maximum of 15 stores over parking, not to exceed 170 feet, for the southern tier of the tower building, to a maximum of 18 stories over parking, not to exceed 200 feet, for the middle tier, to a maximum of 21 stories over parking, not to exceed 225 feet, for the northern tier, as identified on the PUD Master Plan. All other structures: 50 feet. 0.25 SBH for residential towers, ten feet between town homes, and twenty feet (20') between town homes and parking deck and/or I residential towers. 1800 SF SBH: (Building Height): Building height is defined as set forth in Article 6 of the LDC. (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. 1 2 Buildings shall be designed with a common architectural theme, including building architecture, landscape design, signage, and entryway features. Building separation requirement shall not apply to parking decks. Yards shall be measured as follows: A. Where adjacent to Vanderbilt Drive, setback is measured from edge of right-of-way line. B. Water front yards shall be measured from the seawall or bulkhead. C. All other setbacks shall be measured from the exterior PUD boundary. G:'~Current'~i.qchl~PUD~oconillaV2ocordlla PUD 11-10-03.doc 3.2 DEC 0,2 2003 ,?3 SECTION IV PUBLIC USE "P" TRACT 4.1 4.2 4.3 4.4 PURPOSE The purpose of this Section is to identify permitted uses for the public ,use areas within the Coconilla PUD. GENERAL DESCRIPTION The Public Use Area occupies +/- 0.80 acres and provides for a publicly accessible marine fueling facility, ship's store, a ship chandler's office, associated parking for the ship chandler and parking areas for activities associated with the adjacent Cocohatchee River Park. USES PERMITTED No building or structure or part thereof shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 2. 3. 3. 5. Marina fueling facility Ship's store and chandler's office Parking facilities Water management facilities Off-site hauling of excess excavated fill materials, subject to approval of a commercial excavation permit consistent with Division 3.5 of the LDC. Accessory Uses 1. Customary accessory uses in support of the uses permitted above. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses as determined by the Board of Zoning Appeals. DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3.of the LDC. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). Eo Minimum setbacks: 1. From Cocohatchee Bay: None for both principal and accessor 4.1 G:\Current~Reisch/WUD~oconilla\Coconilla PUD 11-10-03.doc structures. DEC 0 2 2003 Fo From non-waterfront PUD or tract boundaries: 10 feet for both principal and accessory structures. Standards for parking, landscaping, signs, and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. G:K~urrentXRoiaehhPUD\Coconillag2oconilla PUD 11-10-03.doc 4.2 A(:~=~A I'lTm~ DEC 0 2 2003 / SECTION V MARINA BASIN "M" TRACT 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify permitted uses for the marina basin areas within the Coconilla PUD. GENERAL DESCRIPTION The Marina Basin Area occupies +/- 4.0 acres and provides for up to 52 wet slips. USES PERMITTED No building or structure or part thereof shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Boat docks. 2. Off-site hauling of excess excavated fill materials, subject to approval of a commercial excavation permit consistent with the provisions of the LDC. B. Accessory Uses 1. Customary accessory uses in support of uses permitted above. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of the LDC. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). Eo Minimum setbacks for marina related structures: 1. From Cocohatchee Bay: None for both principal and accessory structures 2. From non-waterfront PUD or tract boundaries: 10 feet for both principal and accessory structures Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County LDC in effect at the time of site development plan approval. Unless otherwise indic heights, and floor area standards apply to principal structures. 5.1 G:g2ur0~'~.eischhPl. lDhCoconilla\Coconilla PUD 11-10-03.doc DEC 0 2 2003 _ SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicabic: PUD. Except where specifically noted or stated otherwise, the standards and specifications ,:;: Division 3.2 of the LDC, shall apply to this project even if the land within the PUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer, its_successor, or assignee in title, is bound by the commitments within this Document. 6.3 PUD MASTER PLAN Ao Exhibit "A," the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot, or land use boundaries, shall not be construed to be specific, and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5. of the LDC, PUD amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of 'all service utilities and all common areas in the project. Co The following shall be considered minor changes and refinements, subject to the limitations set forth herein: Minor reconfiguration of water features, lakes, ponds, marina basin boundaries, and water retention or detention facilities, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Minor reconfiguration of residential building areas. G:~Current~Reiacld~PUDM2oconilla~Coconilla PUD I 1-10-03.doc 6.1 DEC 0 2 2003 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Coconilla PUD is contemplated in calendar year 2003 with completion anticipated to occur in calendar year 2006. Bo Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an 'affidavit stating that representations contained therein are true and correct. The Coconilla PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the LDC. 6.5 6.6 POLLING PLACES Pursuant to Section 2.6.30. 'of the LDC, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place, should the Supervisor of Elections request such use. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, providing that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. TRANSPORTATION A gatehouse/limited access facility shall be permitted within the project's main entrance area, but shall not be located so as to impede traffic flow (minimum 100 foot distance from edge of pavement to stop-bar, and/or gate) on Vanderbilt Drive, nor shall such facilities be located within the Vanderbilt Drive right-of-way. All traffic control devices and design criteria used shall be in accordance with the Minimum Standards as amended and as adopted by the Florida Department of Transportation (FDOT) as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). Do External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. E. Road impact fees will be paid in accordance with Ordinance 01-13. G:~2urrent,Op, cq~hl~PUD~oconilla\Coconilla PUD 11- I 0-03.doc 6.2 DEC 02 2003. Fo All median openings and driveway locations shall be in accordance with the LDC, and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Staff to have an adverse effect relevant to operational circulation, safety conditions, or concerns. A median opening shall be preserved for emergency vehicle access to the emergency vehicle entrance. Nothing in any development order will vest the right of access over and above a right in/fight out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), itssuccessor(s) in title, or assignee(s). Ho The developer'shall be responsible for the cost of a traffic signal system at any development entrance(s), if a traffic signal system is determined to be warranted and approved by the County. If warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of said traffic signal, the signal will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. The development shall be designed to promote the safe travel of all roadway users including bicyclists, and shall provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices as determined by Collier County Transportation Staff. All accesses and roadways not located within a County right-of-way shall be privately maintained by an entity created by the developer, its successors in title, or assigns. The developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access to the project (this includes previously referenced turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County Vanderbilt Drive four-lane expansion project, the developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the Vanderbilt Drive four-lane expansion project, the developer shall pay all design and construction costs related to access for the PUD. The developer shall provide for a point of egress from the adjacent Cocohatchee River Park through the Public Use Tract to the main point of egress for the property and the intersection improvements provided for in Paragraph H above, prior to issuance of the first CO. L. All work within Collier County right-of-way shall meet the ret County Right-of-Way Ordinance Number 03-37. 6.3 G:Xl2un'ent~ieischl~PUD~onill~K2oconilla PUD 11 - 10-03.doc [uirements of Collier DEC 0 2 2003 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: go Water distribution, sewage collection, and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be 'billed by the County in accordance with the County's established rates. Co The on-site water distribution system serving the Project shall be connected to the District's water main and extended throughout the project. This system shall be consistent with the main sizing requirements specified in the County's Water Master Plan. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Eo Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the developer during the design phase of the Project. A water distribution system shall be constructed throughout the development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. Fo A sewer distribution system shall be constructed throughout the development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, its assigns or successors. All construction plans and technical specifications and proposed ~ the proposed sewer system shall be reviewed and approved prior construction. 6.4 G:\Curren0ReischI~PUD~Coconilla~oconilla PUD i 1 - 10-03.doc tats, iYa~&'[~l~e, f, to cl~nm--enc~'t ot DEC 0 2 2003 Pt. 6.9 ENVIRONMENTAL The development of this PUD shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval bY Environmental Services Staff. Bo An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. Co The developer Shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected wildlife species. Where protected species are observed onsite, a Habitat Management Plan for those protected species shall be submitted to Environmental Services Section staff for review and approval prior to final site plan/construction plan approval. This PUD shall be consistent with the Environmental Sections of the Collier County GMP Conservation and Coastal Management Element and the Collier County LDC at the time of f~nal site plan/construction plan approval. Eo Pursuant to Policy 10.1.6.d of the Conservation and Coastal Management Element of the GMP, the developer shall prepare hurricane plans, which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment. This plan shall be reviewed and approved by County staff prior to final site plan/construction plan approval. Fo Signage shall be posted at the marina to inform the residents that the dredging of the Wiggins Pass system is based on a 3-foot draft design. All approved agency (South Florida Water Management District [SFWMD], United States Army Corps of Engineers [ACOE], and FWC) permits shall be submitted to Environmental Services Staff prior to SDP approval. Ho Construction within the bald eagle secondary protection zone shall be limited to a maximum height, not to exceed the height of eagle nest CO-019. However, any construction greater than the height of the nest shall require written approval from the USFWS and that shall become the maximum building height allowed. The Coconilla PUD Bald Eagle Management Plan shall become a part of this PUD Document. Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Council, or any successor body. G:~urnent'aReischl~PUD~2oconilla~Coconilla PUD 11 - 10-03.doc 6.5 DEC 0 2 2003. 6.10 ENGINEERING mo Bo Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and unfi approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services Department. Design and construction of all improvements shall be subject t6 compliance with all applicable provisions of the Collier County LDC. Co The developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site including site development plans and any other application that will result in the issuance of a final ov local development order. 6.11 WATER MANAGEMENT An excavation permit shall be required for the proposed marina basin pursuant to Division 3.5 of the LDC and SFWMD Rules. The developer shall provide surface water management for Public Use Tract within the surface water management system. 6.12 HISTORICAL AND ARCHAEOLOGICAL ho Pursuant to Section 2.2.25.8.1. of the LDC, if, during the course of site clearing, excavation, or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Resumption of construction activities shall be commenced immediately upon approval of Collier County Code Enforcement Department, which shall provide for an expedited review of issues surrounding said artifact. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities, and the like may be erected and utilized during the period of project development and marketing subject to Section 2.6.33 of the LDC. Such temporary buildings shall be removed upon completion of the marketing or construction activity. 6.14 LANDSCAPING FOR OFF-STREET PARKING AREAS G:~C urrentXReischl~PUlY~oco nilla~Coconilla PUD 11 - 10-03.doc All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County LDC in effect at the time of building permit apl [ication. 6.6 DEC 0 2 2003 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities, the marina basin, or other water bodies is hereby permitted subject to applicable sections of the LDC. If it is demonstrated that fill activities on the project site are such that there is a surplus of earthen material, then its off-site disposal' shall be permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the LDC whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2. All other provisions of Division 3.5 of the LDC are applicable. 6.17 PROVISIONS FOR ENHANCING PUBLIC BEACH ACCESS, WATER ACCESS FOR BOATERS, AND ENHANCED FACILITES AT COCOHATCHEE PARK a. The Developer will provide to the County a use-easement over the 0.8 "Public Use" portion of the PUD identified on the Master Plan as Tract "P", to allow for: a. The construction of publicly accessible vehicle parking spaces; b. The redesign of the park parking and traffic flow patterns to increase publicly accessible boat trailer parking; c. Egress from the park to the traffic signal at the intersection of Wiggins Pass Road and Vanderbilt Drive; and d. Access by the public to the proposed ship's store. A conceptual design for this "P" Public Use Tract is provided for on the Master Plan. Final design will occur during site development plan review and may deviate from the PUD Master Plan as necessary to address public health, welfare and safety concerns identified by reviewing staff. The Developer shall bear the cost of permitting and constructing the improvements identified above, as they may be approved on the site development plan. Bo The Developer, or its designee, shall operate the marine fueling business, but shall provide Collier County Parks and Recreation Department with all net profits from the fuel operation. Net profits are defined as revenues left over after all expenses have been paid, including but not limited to fuel purchase costs, and operational and overhead costs, related to fueling operations. Co In order to increase public beach access, the Developer shall construct a docking facility in the Lely Barefoot Beach Preserve, to be utilized as a landing facility for the public transported via ferry to the Preserve. The total cost of the developer's contribution shall G:'82unent'uReischl',PUDXCoconilla~Coconilla PUD 1 I- 10-03.doc 6.7 DEC 0 2 2003 not exceed $1,000,000. The County shall bear the responsibility of obtaining all necessary local, state, and federal permits and government approvals required for such construction. D. In order to enhance public boating access to the Gulf of Mexico, the Developer shall donat, $1,000,000, to the County, to be utilized by the Collier County Parks and Recreation Department, to purchase, or purchase and construct, land to be utilized to enhance public access to the water, in the area bounded on the north by Bonita Beach Road, south by Vanderbilt Beach Road, east by US 41, and west by the Gulf of M~xico. G:\Curr~6ReischhPUD~oconillaXl2oconilla PUD 11-10-03.doc 6.7 A(~I~A ITI~...M DEC 0 2 2003 Exhibit "B" COCONILLA LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST IA OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00°26'00'' E . 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89016' 10" W 530.00. FEET; THENCE LEAVING SAID NORTH LINE N 00026'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST % OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST % N 89°16'10'' E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE % OF THE SE % OF THE NE % OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE lA OF THE SE % OF THE NE lA, THENCE S 00o27'30" E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35'' A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05'' W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE % OF SE IA OF NE %; THENCE N 89003, 18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS. G:\Current~,eischl~PUD~ocorfilla~Coconilla PUD 11-10-03.doc EXECUTIVE SUMMARY PETITION: PUDZ-03-AR-4008, C. LAURENCE KEESEY, OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A. REPRESENTING WATERSIDE SHOPS AT PELICAN BAY TRUST AND WCI COMMUNITIES, INC, REQUESTING A REZONE FROM "PUD" TO "PUD" (PLANNED UNIT DEVELOPMENT) FOR THE PURPOSE OF REVISING THE PUD DOCUMENT TO RELOCATE 170,343 SQUARE FEET OF APPROVED, BUT NOT YET CONSTRUCTED AND UNCOMMITTED COMMERCIAL USE FROM THE NORTH COMMERCIAL AREA TO THE SOUTH COMMERCIAL AREA, REDUCE THE APPROVED MAXIMUM NUMBER RESIDENTIAL DWELLINGS BY 800 UNITS TO A NEW MAXIMUM OF 7,800 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL (US-41) AND SEAGATE DRIVE IN SECTIONS 32 AND 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTIONS 4, 5, 8, AND 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. COMPANION ITEM: DOA-03-AR-4777 OBJECTIVE: This petition seeks to amend the Pelican Bay Planned Unit Development (PUD) as noted above to better utilize unallocated commercial floor area due to "evolving market conditions" and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development for the purpose of revising the Pelican Bay PUD document to reallocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additiofial retail use within the Waterside Shops. This relocated use will increase the approved uses by 134,343 square feet of retail and 36,000 square feet of office space within the South Commercial Area. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. PUDZ-03-AR-4008, Pelican Bay PUD ^otto^ rrr~ DEC O 2 2003 FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market commercial market that would allow for the expansion of the Waterside Shops. Comparisons of the approved development versus the proposed land uses for this petition are as follows for the South Commercial Area: LAST REVISED AMOUNT OF INCREASE DEV. ORDER NOPC OR DECREASE TOTAL ACRES: SOUTH RETAIL: SOUTH OFFICE: NORTH RETAIL: NORTH OFFICE: RESIDENTIAL UNITS 2,104-Acres 2,104-Acres 0 285,000 S.F. 419,343 S.F. +134,343 S.F. 355,400 S.F. 391,400 S.F. +36,000 S.F. 150,000 S.F. 141,602 S.F. -8,398 S.F. 304,600 S.F. 142,655 S.F. -161,945 S.F. 8,600 7,800 -800 UNITS Based on the above referenced changes, this amendment by and of itself will have no fiscal impact on the County because there is no net increase in intensity overall for the Pelican Bay PUD. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated "Urban/Mixed Use" on the countywide Future Land Use Map, and is currently zoned PUD and is also an approved DRI. This Sub-district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and is intended to accommodate a variety of residential and non-residential uses, including commercial and mixed-use developments such as Planned Unit Developments. The Density Rating System indicates that this project is within a Traffic Congestion Area resulting in a reduction of 1 dwelling unit per acre from the base density. Therefore, the density of 3.89 dwelling units per acre is deemed not consistent with the FLUE. However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties consistent by Policy as noted above. Some of the commercial portions of this PUD do not comply with criteria in the FLUE and therefore are not consistent with the Future Land Use Designation Description Section. However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the GMP and designated on the Future Land Use Map series as properties consistent by Policy. The proposed shifting of the commercial square footage within the Activity Center boundaries is consistent with the FLUE. PUDZ-03-AR-4008, Pelican Bay PUD 2 DEC 0 2 2003 In addition, no expansion of the Activity Center is proposed with this petition. The Comprehensive Planning Section has determined that zoning changes will be permitted to the Pelican Bay properties, and to other properties deemed consistent with the Future Land Use Element via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district are not increased, except as allowed in Policy 5.11. Based upon the above analysis, Staff concludes the proposed petition can be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: Staff has reviewed the petition and notes the following: The subject petition does not impact any preserve areas that were previously approved in the PUD, no new EIS is required. Therefore, the Environmental Services Department has recommended approval of the petition as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAC} RECOMMENDATION: Because no EIS was required, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): Due to the continuance of this petition from the November 6, 2003 meeting to the November 20th meeting, this petition had to be rescheduled to the December 2, 2003 BCC agenda in order to allow the applicant to meet required advertising timelines. As a result, the recommendations and findings from the November 20, 2003 Collier County Planning Commission (CCPC) could not be incorporated into this executive summary. The CCPC recommendations will be presented verbally to the BCC during their public hearing on this item. Therefore, this petition could not be placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-03-AR-4008 subject to staff stipulations that have been incorporated into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. PUDZ-03-AR-4008, Pelican Bay PUD DEC 0 2 2003 PREPARED BY: RAYMOND BELLOWS, CHIEF P~'~LANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSA4~ MURRAY, AICP, INTERIM DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW c~~Hu~iTY DEV. AND ENVIRONMENTAL SVCS. PUDZ-03-AR-4008, Pelican Bay PUD DEC 0 2 2003 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 31, 2003 PETITION NO: PUDA-03-AR-4008, PELICAN BAY PUD COMPANION ITEM: DOA-03-AR-4777 AGENT/APPLICANT: Agent: C. Laurence Keesey Young, van Assenderp, Varnadoe and Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34104 Owner: W.C.I. Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134 Mr. Glen Harrell Waterside Shops at Pelican Bay Trust 5415 Tamiami Trail North Naples, FL 34108 REQUESTED ACTION: The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the Pelican Bay PUD for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. This relocated use will increase the approved uses by 134,343 square feet of retail and 36,000 square feet of office space within the South Commercial Area. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. GEOGRAPHIC LOCATION: The subject PUD is located in the northwest quadrant of the intersection of Tamiami Trail (US-41) and Seagate Drive in Sections 32 and 33. Townshio 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Ran[lel 25~loLa~~f~ County, Florida. (See illustration on following page) I DEC 0 2 2003. PUDA-03-AR-4008, Pelican Bay PUD 1 I i DEC 0 2 2003 S3AO~Iq~IH £00E/8I/1~ :~LL¥(I 0£00E0~00E# £D2I£Ox'-I& I II- x~-'ll iii iii i iiiii i1111 III III I I II1'~"111 IIII I I1111 III IIF~ DEC 0 2 2003 PURPOSE/DESCRIPTION OF PROJECT: The Pelican Bay DRI/PUD was originally approved by Collier County in 1977 (D.O. 77-1; PUD Ordinance Number 89-35). A substantial deviation was approved to the project in 1989 (D.O. 89-77A). As currently approved, Pelican Bay is authorized to contain a maximum of 8,600 residential dwelling units and up to 1,095,000 gross square feet of commercial uses, including both retail and office uses. The North Commercial Area permits a total of 454,600 square feet of floor area while the South Commercial Area permits 640,400 gross square feet. There is a total of 170,343 square feet of approved but uncommitted commercial space in the North, while the South Commercial Area has less than 50,000 square feet of approved but un-built retail space. Because of changing market conditions, the existing Waterside Shops parcel (Photo #1) requires additional space in order to meet the market demand at this location. As depicted on the attached Master Expansion Plan for the Waterside Shops, the increase in commercial use is proposed to be accomplished by relocating the un-built commercial square footage from the north Commercial Area thereby allowing the additional office and retail floor space including a second story to the two major-tenant retail stores currently located on the 28.3-acre parcel. SURROUNDING LAND USE AND ZONING: Subject Parcel: The affected areas within the Pelican Bay PUD are located within the two commercial designated areas (Photo #2). These areas currently contain existing commercial and general office uses. Surrounding- North: East: South: West: Philharmonic Center and existing office uses within Pelican Bay. A bowling alley and convenience store on the east side of U.S. 41. This property is zoned C-4. Seagate Drive and commercial uses located in the City of Naples. Existing residential uses within the Pelican PUD. Photograph # 1 PUDA-03-AR-4008, Pelican Bay PUD Photograph//2 DEC 0 2 2003 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban - (Mixed Use District, Urban Residential Sub- district, and the North and South commercial areas are located in an Activity Center Sub- district), as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element: The Urban Residential Sub-district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and is intended to accommodate a variety of residential and non-residential uses, including mixed- use developments such as Planned Unit Developments. In addition, the Mixed Use Activity Center Sub-district permits a full array of commercial uses, residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code. The Density Rating System indicates that this project is within a Traffic Congestion Area resulting in a reduction of 1 dwelling unit per acre from the base density of 4 dwelling units per acre. Therefore, the density of 3.89 dwelling units per acre is deemed not consistent with the Future Land Use Element. However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Furore Land Use Map series as properties consistent by Policy as noted above. Some of the commercial portions of this PUD do not comply with criteria in the FLUE and therefore are not consistent with the Future Land Use Designation Description Section. However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties consistent by Policy. The proposed shifting of the commercial square footage within the Activity Center boundaries is consistent with the FLUE. In addition, no expansion of the Activity Center is proposed with this petition. (The hotel sites are not consistent with the commercial locational criteria, however the PUD amendment is not proposing any changes to the commercial component of the PUD not consistent with the locational criteria and therefore does not constitute an increase in intensity and is consistent by Policy.) The Comprehensive Planning Section has determined that zoning changes will be permitted to the Pelican Bay properties, and to other properties deemed consistent with the Future Land Use Element via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district are not increased, except as allowed in Policy 5.11. Based upon the above analysis, Staff concludes the proposed petition can be deemed consistent with the Future Land Use Element. Transportation Element: The applicant provided a Traffic Impact Statement compiled by David Plummer & Associates to address the DRI Notice of Proposed Change (NOPC) request. The TIS indicates that the proposed relocation of square footage and reduction in the total number of dwelling units will result in a one percent decrease in daily external trips. The analysis indicates that the resulting trips of the proposed amendment are below the DRI substantial deviation presumption threshold. DEC O 2 2003 PUDA-03-AR-4008, Pelican Bay PUD 3 In addition, the TIS studied the impact of increased commercial floor area on the traffic circulation in the South Commercial Area. The TIS indicates that the shifting of square footage to the Waterside Shops will significantly impact the intersection of US 41 and Pine Ridge Road/Seagate Drive when compared to what was already approved for the DRI. The northbound left mm lanes from US 41 to Seagate Drive will not function at an acceptable level of service upon completion of this project. The developer will be required to provide an additional northbound left mm lane and to make any necessary adjustments to the median and to the existing pavement to accommodate the added left turn lane. No Certificates of Occupancy or Certificates of Compliance shall be issued until the necessary improvements are in place and accepted by the County. In addition, the costs associated with this turn lane improvement shall be borne solely by the developer and shall be in addition to any road impact fees that may be associated with this project. As a result of this improvement, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code and required staff evaluation and comment (See Exhibits "A" and "B"). The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs 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 land use plan, and whether or not an amendment to the PUD would be consistent with the Collier County GMP in all of its related elements. Environmental Review: Because the subject petition does not impact any preserve areas that were previously approved in the PUD, no new EIS is required. Therefore, the Environmental Services Department has recommended approval of the petition as submitted. Transportation Department Review: The reallocation of commercial space from the North Commercial Area to the South Commercial Area will result in additional vehicular trips to and from the South Commercial Area. Although the proposed change will not lower the level of service standards on the arterial road network, the developer shall provide an additional northbound left mm lane and to make any necessary adjustments to the median and to the existing pavement to accommodate the added left mm lane. No Certificates of Occupancy or Certificates of Compliance shall be issued until the necessary improvements are in place and accepted by the County. In addition, the costs associated with this turn lane improvement shall be borne solely by the developer and shall be in addition to any road impact fees that may be associated with this project. to the South Commercial Area. Based on a modeling analysis conducted by Department, the connection is predicted to reduce traffic on US-41 a~ circulation in the South Commercial Area. The interconnection on this roadw. The Transportation Department is also recommending that the applicant connect Crayton Road to Seagate Drive to help mitigate the traffic impact of this reallocation of commercial floor area --im~~'~°{t'~c PUDA-03-AR-4008, Pelican Bay PUD DEC O 2 2003 consistent with the Transportation Element Policy 9.3 of the Growth Management Plan. Conversely, the model does not take into account the population and driving characteristics of the resident population surrounding the South Commercial Area. Traffic problems on residential streets like Crayton Road can take a variety of forms, ranging from site-specific hazards such as poor visibility, excessive track traffic, and speeding to broader problems caused by excessive traffic volumes, non-resident and tourist traffic and a high percentage of elderly drivers. It should be noted that many local residents have expressed concern that the interconnection of Crayton Road to Seagate Drive increase traffic problems on Crayton Road resulting from increased non-resident and tourist traffic and speeding that the high percentage of elderly drivers in the area are ill equipped to handle. Therefore, the BCC will have to make a determination that the benefits associated with reduction of traffic on US-41 and improved traffic circulation in the South Commercial Area is offset by the increased impacts to residents along Crayton Road. Utilities Review: The Utilities Department has indicated that the proposed reallocation of commercial floor area from the North Commercial Area to the South Commercial Area will have no adverse impact on water or sewer service in this area. Therefore, they have recommended approval. Current Planning: Staff is of the opinion that the proposed reallocation of commercial floor area to the Waterside Shops is compatible with the adjacent land uses due to the fact that the additional retail space will be contained within the existing Waterside Shops property. As depicted on the attached Master Expansion Plan, the additional floor space will be adjacent to existing retail structures and will allow for a second story for the primary anchor stores. In addition, the petitioner is proposing to construct two parking garages along with providing additional landscaping surrounding the center. A review of the previous amendments to the Pelican Bay PUD revealed the following changes: On Sept. 29, 1987, Collier County approved Resolution # 87-220, which amended the Pelican Bay DRI Development Order to designate a 6.5-acre parcel located within the South Commercial Area for an "Attraction/Recreation" use, pursuant to the DRI law (Ch. 380, Fla. Stat.) The Philharmonic Center is considered an "Attraction or Recreation Facility" pursuant to Section 380.0651 Fla. Stat. and it is not considered either retail or office. The Philharmonic Center, therefore, does not count against, nor does it use up the approved retail or office square footage approved in the Pelican Bay DRI and PUD. They are considered completely different types of uses. In 1989, a substantial deviation from the Pelican Bay DRI/PUD was approved with the adoption of Resolution 89-77A granting the 1,095,000 square feet of commercial use, including the square footage of both retail and office uses. Although the approved but as yet uncommitted office and retail uses in the North Commercial pod (often referred to as "the Marketplace") in Pelican Bay are being eliminated from the Marketplace and shifted to the Waterside Shops (South Commercial pod), the same 1,095,000 square feet of commercial use will remain approved after this current Pelican Bay DRI/PUD amendment. The proposed changes (including the reduction of residential units)are officially considered by the Southwest Florida Regi<~nal Manning I PUDA-03-AR-4008, Pelican Bay PUD 5 DEC 2 2003 I n. /! Council to be a "non-substantial deviation" to the DRI. Therefore, staff is of the opinion that the proposed amendment will be compatible with the existing land uses and the existing interchange activity center sub-district. Lastly, the proposed amendment will have no affect upon the open space requirements of the PUD because the relocated commercial space will be primarily used as a second floor addition. Public Information Meeting: The petitioner held a Public Information Meeting on May 14, 2003, that was attended by approximately 71 individuals. Of those persons that spoke, most expressed support for the project. Others expressed concern over parking structures, landscaping, and that the relocated commercial floor area could worsen the traffic congestion in the area. The petitioner indicated that the traffic study indicated that the proposed change would not significantly change the traffic circulation for Pelican Bay. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-03-AR-4008 that repeals Ordinance Number 77-18 as described by the Ordinance of Adoption and exhibits thereto, The Pelican Bay PUD regulatory document. PUDA-03-AR-4008, Pelican Bay PUD DEC O 2 2003 PREPARED BY: kAY I~4~Lows, CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: .8~A-N-MuRRAY, AICP, INTERIM'DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW ! APPRO //'~ ,~OSEPH K. SCHMITT ADMINISTRATOR ~--~T-t~ F -COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Staff Report for the November 20, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUDA-03-AR-4008, Pelican Bay PUD 7 DEC 0 2 2003 REZONE FINDINGS PETITION PUD-03-AR-4008 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within the Pelican Bay PUD is consistent with the FLUE contained in the Growth Management Plan by Policy 5.1 that provides that property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the GMP and designated on the Future Land Use Map series. Therefore these properties are Consistent by Policy. 2. The existing land use pattern. North: East: South: West: Philharmonic Center and existing office uses within Pelican Bay. A bowling alley and convenience store on the east side of U.S. 41. Commercial uses located in Naples and south of Seagate Drive. Existing residential uses within the Pelican Bay PUD. w The possible creation of an isolated district unrelated to adjacent and nearby districts. The Pelican Bay PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing Pelican Bay PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries PUDA-03-AR-4008, Pelican Bay PUD Whether changed or changing conditions make the passage of the proposed amendment necessary. EXHIBIT "A" DEE 0 2 2003 8 e The proposed PUD Amendment is appropriate since the approved land uses will not change while the overall PUD project intensity will be reduced. In addition, this petition is still compatible with the surrounding lands. Furthermore, the subject PUD has a positive relationship to the GMP. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the Pelican Bay PUD. The proposed change will affect portions of the project that have already been designated for commercial use. The proposed change will have no significant impact upon the residential components of the PUD. This petition will generate additional vehicular trips from the South Commercial area, but these additional trips will not have a significant impact. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent subject to mitigation. The proposed change will result in an overall decrease in daily trips within the Pelican Bay PUD, as determined by the Traffic Impact Statement. However, due to the reallocation of commercial square footage to the south, the vehicular traffic to and from the South Commercial area will increase and exacerbating congestion. As a result, the Transportation Department has recommended both an added turn lane and the connection of Crayton Road to Seagate Drive. These changes are substantial in that they are indicated in the TIS and subsequent model runs as having a significant effect toward reducing congestion. 8. Whether the proposed change will create a drainage problem. PUDA-03-AR-4008, Pelican Bay PUD The Land Development Code specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required tc m~et Coun~ standards as a condition of approval. ^c, ra~A DEC 0 2 2003 9 pg., Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the Pelican Bay PUD will not be affected by the requested change. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties within the Pelican Bay PUD will not be affected by the requested change. The reallocation of commercial square footage is only to the existing commercial centers that will not increase in size. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing zoning. The proposed amendment is a shift in the amount allowed commercial office space and does not seek to alter the current uses or development standards. 14. Whether the change suggested is out of scale with the needs of the m or the County; PUDA-03-AR-4008, Pelican Bay PUD 10 ,od DEC 0 2 2003 n. /¢ 15. The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all County codes. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The area within the Pelican Bay PUD affected by the proposed change is currently structured to receive such development. The change is a reallocation of specific commercial floor area that is designed for this use. 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. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDA-03-AR-4008, Pelican Bay PUD 11 DEC 0 2 2003 ,,. it7 FINDINGS FOR PUD PUD-03-AR-4008 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 Plan's 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Pelican Bay PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. e PUDA-03-AR-4008, Pelican Bay PUD 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. - AC,~NOA ~TE~4 ~ DEC O 2 2003 EXHIBIT "B" The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external relationships. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Relative to this amendment, the reallocation of commercial floor area within the Pelican Bay PUD will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The change is simply a shift in the amount of commercial use. PUDA-03-AR4008, Pelican Bay PUD 13 AG~:NOA ITEM ~ DEC 0 2 2003 Petition No.: Date Received: APPLICATION FOR PUBLIC HEARING FOR: UD REZONE UD TO PUD REZONE Planner Assigned: Commission District: General Information: Name of Applicant(s) Applicant's Mailing Address City Bonita Springs Applicant's Telephone # ABOVE TO BE COMPLETED BY STAFF W.C.I. Communities, Inc. 24301 Walden Center Drive State Florida Zip (239) 498-8525 Name of Applicant(s) Applicant's Mailing Address City Naples Applicant's Telephone # 34134 Fax # (239) 949-0233 Waterside Shops at Pelican Bay Trust, (Glen Harrell) 5415 Tamiami Trail North Ste. 320 State Florida Zip 34108 (239) 598-1605 Fax # (239) 598-1773 Name of Agent George L. Vamadoe and C. Laurence Keesey Firm Young, van Assenderp, Vamadoe and Anderson, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300, P. O. Box 7907, 34101-7907 City Naples State Florida Zip 34108 Agent's Telephone # (239) 597-2814 Fax # (239) 597-1060 Agent's E-Mail Address: lkeese¥(-C_~YVVALAW.COM 4/9/2003 Application For Public Hearing For PUD Rezone I AGeNdA ITEIvl/,~ DEC 0 2 2003 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Pelican Bay Property Owners Association PBPOA Mailing Address 801 Laurel Oaks Blvd. Suite 600 City Naples State FL Zip34108 Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Pelican Bay of Naples Foundation, Inc. Mailing Address 6251 Pelican Bay Blvd. City Naples. State Florida Zip 34108 Name of Civic Association: Mailing Address 2. City State Zip Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership 4/9/2003 Application For Public Hearing For PUD Rezone No.AC'~A~TITEM DEC 0 2 2003 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office WCI Communities, Inc. is owner of the unbuilt residential and commercial Development Rights within Pelican Bay PUD/DRI Property Percentage of Stock WCI is a publicly traded Company listed on the New York Stock Exchange (NYSE). Co Address: 24301 Walden Center Drive Bonita Springs, FL 34134 Officers: See Exhibit "A" for a listing of Officers as of March 20, 2003. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Waterside Shops at Pelican Bay Trust owns 100% of the 28.3 acres comprising the Waterside Shops in the South Commercial Area of Pelican Bay, and of any unbuilt development rights located therein. The beneficiary (100%) of the Waterside Shops at Pelican Bay Trust is Propertv Florida SCJLW 1 Corp. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Percentage of Ownership 4/91200~ Application For Public Hearing For PUD Rezone Date of Contract: 3 DEC 0 2 2003 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address o g. Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of oWnership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the 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. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. *See Exhibit "B": Legal Description of the Waterside Shops Parcel Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Size of properS: ft. X ft. = Total Sq. Ft. Waterside Shops is located on 28.3 Acres. Pelican Bay is 2,104 Acres. Acres 4/9/2003 Application For Public Hearing For PUD Rezone DEC 0 2 2003 5. Address/general location of subject property: General Location: land is in Pelican Bay DRI/PUD west of U.S. 41, north of Seagate Drive and south of Vanderbilt Beach Road, bordered on the west by the Gulf of Mexico. The Waterside Shops Parcel is in the northwest quadrant of the intersection of U.S. 41 and Seagate Dr. o o PUD District (LDC 2.2.20.4): Adiacent zoning and land use: Zoning N PUD [--] Residential [---1 Community Facilities [--] Commercial ~] Industrial Land use Philharmonic Center and Pelican Bay DRI. existing office uses within the S (City of Naples) Commercial Commercial uses located in City's jurisdiction, ~vhich begins south of Seagate Drive. E Commercial Bowling Alley and convenience store on east side of U.S. 41. W PUD Existing Residential uses within Pelican Bay Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Response: N.__qo Section: Lot: Plat Book Metes & Bounds Description: Township: Range: Block: Subdivision: Page #:__ Property I.D.#: 4/9/2003 Application For Public Hearing For PUl) Rezone AC.~A ITE. M~"~ No. DEC 0 2 2003 8. Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the PUD_ zoning district(s). Present Use of the Property: ~mmercial Recreation in Pelican Ba PUD/DRI an existing Planned Communitv~ retail and office uses within the Waterside Shops parcel. Proposed Use (or range of uses) of the property: Same, with increase in retail and office use within the Waterside Shops portion of South Commercial Area and decreases in these uses within the North Commercial Area. Reduction of 800 units (to 7,800 units) in the number of approved units within Pelican Bay, Original PUD Name: Pelican Bay PUD. Ordinance No.: (77-18~ Evaluation Criteria'., Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. See Exhibit "C", PUD Regone Considerations (LDC Section 2. 7.3.2.5) 1. 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. 2. 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 atpublic expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the ad~ uac~no~~~ improvements and facilities, both public and private. DEC 0 2 2003 6 4/9/2003 Application For Public Hearing For PUD Rezone 10. The ability of the subject property and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Response: No response required, Previous land use petitions on the subject oroperty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Response: No. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; Response: See Exhibit "D" b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; Response: A copy of approved Pelican Bay PUD/DR1 Master Plan is attached as Exhibit "E". No changes to this plan are proposed. · all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the di! ~,,l~,~l required yards, open space and preserve areas, 4/9/2003 Application For Public Hearing For PUD Rezone · An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section Development Code (LDC), or a request for waiver if appropriate. Response: proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, Site is developed. EIS waived at preapplication meeting, 3.8. of the Land go Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Response: See aerial photo attached as Exhibit "F". Statement of utility provisions (with all required attachments and sketches); Response: Existing utilities on site will serve additional commercial A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; ho Response: See Exhibit "G" attached... A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); Response: Site is developed. Survey waived at oreapplication. meeting, Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. An electronic version of the PUD on a disk as part of this submittal package. Response: Provided at time of submittal to County,. 4/9/2003 Application For Public Hearing For PUD Rezon~e 8 AC.~J~A ITEM & DEC 0 2 2003 Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Response: Not applicable. Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. DEC 0 2 2003 4/9/2003 Application For Public Hearing For PUD Rezone 9 PS- ~ STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Prepared by WilsonMiller, Inc. m NAME OF APPLICANT: Waterside Shops Land Trust and WCI Communities, Inc. MAILING ADDRESS Waterside Shops, 5415 Tamiami Trail North, Suite 320, Naples, FL 34108 WCI Communities, Inc., 24301 Walden Center Drive, Bonita Springs, FL 34134 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE)' Naples, Florida 5555 Tamiami Trail N. LEGAL DESCRIPTION: Pelican Bay Unit 1 - Commencing at the SE Corner of Parcel B, N 17.5 ft. to Point of Beginning, S 89 Deg. W 1085.29 ft., Northwesterly 35.24 ff. along curve, N 705.19 ft. SECTION: 9 TOWNSHIP: 49 south RANGE: 25 east LOT: N/A PLAT BOOK: BLOCK: N/A PAGE #: SUBDIVISION: Pelican Bay PROPERTY I.D.#: 66270160002 METES & BOUNDS DESCRIPTION: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [~ b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME: d. PACKAGE TREATMENT PLANT: (GPD capacity): SEPTIC SYSTEM l0 J A~A ITEM/')_ DEC 0 2 2003 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME: d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 2,914 Single-Family Residential Units 4,886 Multi-Family Residential Units 534,055 s.f. of Office Space 506,945 s.f. of Retail Space PEAK AND AVERAGE DAILY DEMANDS: a. WATER-PEAK 11,061,792 GPD AVERAGE DAILY b. SEWER-PEAK 8,367,408 GPD AVERAGE DAILY 3,160,515 GPD 2,390,695 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED. NotApplicable. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal, if percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. All onsite sewage is collected by the sanitary sewer system and. transferred to the North Collier Wastewater Treatment Plant. The subject project does not contain any affluent and sludge disposal or the use of percolation ponds. DEC 0 2 2003 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Not Applicable. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Not Applicable. DEC 0 2 2003 PUD REZONE APPLICATION SUBMITTAL CHECKLIST )MPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! # OF NOT REQUIREMENTS cOeIES REQUIRED REQUIRED 1. Completed Application/PUD documents 24* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 24* X 5. Conceptual sitePlans 24* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 X Application 11. Copies of state and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Pre-Application Fee, Application Fee and Data - X Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of X the submittal packet. 15. PUBLIC PARTICIPATION MEETING: X APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 X including all Appendices and Exhibits. 17. Boundary Survey (no more than 6 months old) 5 X 18. OTHER REQUIREMENTS: * Documents required for Long-Range Planning Review * 1 copy As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary ,b,,.[ ............. result in the delay of processing this petition. ~T~ o 2 .$/0 5 3/27/2003 Application For Public Hearing For PUD Rezone )ate A FFIDA VI T We~I, being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize our/my representative in any matters regarding this Petition. to act as See attached Joint Consent and Appointment of Agent on four (4) foilowine pa_ffes. Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of who is personally known to me or has produced as identification. ,200 , by State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) 3/27/2003 Application For Public Hearing For PUD Rezone 14 DEC 0 2 2003 JOINT CONSENT AND APPOINTMENT OF AGENT March This Joint Consent and Appointment of Agent is made this 20tl~lay of Ftlflama~, 2003, by WCI Communities, Inc., a Delaware Corporation (herein referred to as "WCI") whose mailing address is 24301 Walden Center Drive, Bonitfi Springs, Florida 34134, and Waterside Shops at Pelican Bay Trust, a Florida Land Trust (herein referred to as "Waterside Shops") whose address is 5415 Tamiami Trail North, Naples, Florida 34108. WITNESSETH: WHEREAS, WCI is the successor in interest, owner, and developer of land comprising the Pelican Bay Development of Regional Impact ("DRI") and Pelican Bay Planned Unit Development ("PUD"), both of which were approved by Collier County in 1977, and the development of the Pelican Bay DRI/PUD land is controlled by Collier County's Development Order 77-1, as Amended and PUD Ordinance 77-18, as Amended; and WHEREAS, Waterside Shops owns approximately 28.3 acres of land designated for commercial development within the Area (South) Commercial District within the Pelican Bay DRI; and WHEREAS, WCI and Waterside Shops have agreed to file joint applications with Collier County to amend the Pelican Bay DRI Development Order and PUD zoning to request the conversion and relocation of certain corem ercial uses in the North Commercial District of PelicanB ay. and a reduction of the number of residential dwelling units within the Pelican Bay DILl/PUD so as to achieve the desired result of increasing the am ount of approved commercial use within the Waterside Shops; and WHEREAS, the changes to the previously approved uses within the Pelican Bay DRI and the Waterside Shops portion thereof will require applications to be filed with Collier County and to be reviewed and approved by the County, as well as other state and regional agencies; and WHEREAS, WCI and Waterside Shops have decided to appoint agents to represent them in preparing applications and obtaining any and all governmental approvals necessary to change the amounts of approved commercial and residential land uses within the Pelican Bay DRI and to specifically increase the amount of approved commercial use within the Waterside Shops in the manner intended by the Parties and to authorize such agents to act on their behalf with full authority to apply for and obtain such approvals, including rezoning of the Pelican B ay PUD and an amendment of the existing Pelican Bay DRI development order. NOW, THEREFORE, WCI and Waterside Shops in order to acknowledge their awareness of and consent to their proposed changes and amendments of the ordinance and development orders A~A ITEM 14 - A DEC 0 2 2003 governing the Pelican~Bay property and in order to appoint, authorize, and direct its agents and representatives to act on their behalf to obtain the necessary govemmental approvals for the development to be carded out within the Waterside Shops, do consent to and direct the following: APPOINTMENT OF AGENTS 1. The preceding "Whereas" clauses are true and are incorporated herein. George L. Vamadoe, C. Laurence Keesey and the law firm of Young, van Assenderp, Vamadoe, and Anderson, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida, 34108, are hereby designated and appointed the agents/representatives of WCI and Waterside ShOps with full authority to act on their behalf, to perform all legal services related to the preparation, submission, and review, and approval of any applications to obtain governmental approval of their joint applications and intentions to change the approved land uses within the Pelican Bay DRYPUD and to obtain approval of additional commercial use within the'Waterside Shops' property. George L. Varnadoe, C. Laurence Keesey, and the law firm of Young, van Assenderp, Vamadoe and Anderson, P.A. are authorized to represent and act as Agents for WCI and Waterside Shops with their full authority, before any and all governmental entities and agencies of the local, state, and federal government as may' be appropriate and reasonably related to obtaining approval of the joint applications for amendments to the Pelican Bay PUD zoning and Pelican Bay DRI Development Order. These agencies and entities may include but shall not be limited to the following: A B. C. D. E. F. The Collier County Board of County Commissioners and all departments, divisions, and sub-units of the County. The Southwest Florida Regional Planning Council. The Florida Departments of Community Affairs, Environmental Protection and Transportation. The Florida Secretary of State and all other cabinet level offices and agencies of the State of Florida. The Florida Land and Water Adjudicatory Commission. The South Florida Water Management District. To effectuate the appointment of the agents named above, and as evidence of there consent to the agents' acting on there behalf, for the purposes stated above, the authorized representative of WCI Communities, Inc. and Waterside Shops at Pelican Bay Trust have signed below. 14-B DEC .0 2 2O03 35 Dated: ~tj[~ aD ,~-0D~) wci Communities, Inc., a Delaware corporation By: Vivien Hastings, i~sr~;e ~sident Dated: Waterside Shops at Pelican Bay Trust, a Florida land trust By: Michael O'Brien, Trustee Waterside Shops at Pelican Bay Trust STATE OF. FLORIDA COUNTY OF LEE The foregoing Joint Consent and Appointment of Agent was. acknowledged before me this 1512 20th day of M,arch , 2003, by Vivien Hastings, as ~ice President of the WCI Communities, Inc., on behalf of said corporation, Wholis personally known to me, and has presented as identification. (SEA ) Notary Public Melanie Sctre Typed/Primed Name My Commission No. My Commission Expires: 14-C DEC 0 2 2003 STATE OF NEW,YORK . ~_TJae foregoin~g Joint Consent and Appointment of Agent was acknowledged before me this ~4~ay of c,xT~d¥.~-~ ,2003, by, Michael O'Brien, Trustee, Waterside Shops at P.elican~Bay Trust, on behalf of said land trust, who is personally known to me, and has presented /,/,~2~ ~z~/.~,~t.~- as identification. Typed3~PdntedName My Commission No. F:\~sers\CarolXWP9\WCIUoiatConsentandAppointmcntAgont. WCIWatersido.wpd 14-D DEC 0 2 2003 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: (at build-out) Trip Assignment: Within Existing Traffic: Annual Average Daily Traffic Peak Hour (AADT) ' Peak Season Daily Traffic Peak Hour (PSDT) Radius of Development Influence (RDI) Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). Any proposed improvements (to the site or the external fight-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development 4/9/2003 Application For Public Hearing For PUD Rezone 15 AGENDA ITEM ~" DEC 0 2 2003 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: e Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles DEC 0 2 2003 In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intersection Analysis:.. An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 4/9/2003 Application For Public Hearing For PUD Rezone 16 10. 11. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary_ information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) Word\Waterside\WatersideRezoneMaster0409.doc 4/9/2003 Application For Public Hearing For PUD Rezone 17 DEC 0 2 2003 WCI COMMUNITIES, March 20, 2003 'Current Officers Executive Officers: Don E. Ackerman, Chairman of the Board/Executive Vice President Alfred Hoffman, Jr., Chief Executive Officer Jerry L. Starkey, President IL Michael Curtin, Senior Vice President Paul D. Appolonla, Senior Vice President James P. Dietz, Senior Vice President/CFO David L. Fry, Senior Vice President Michael 1L Greenberg, Senior Vice President Albert F. Moscato, Jr., Senior Vice President George 1L Page, Senior Vice President Steven C. Adelman, Senior Vice President/Treasurer Vivien N. Hastings, Senior Vice President/Secretary Charles E. Brasington, Senior Vice President Armaado I. Goenaga, Senior Vice President Vice Presidents: Robert C. Beyer, Jr., Vice President lacqueline Buckler, Vice President John F. Coolahan, Vice President Joseph P. Corelli, Vice President Wands Z. Cross, Vice President Edward D'Alessandro, Vice President Steve Danco, Vice President Paul B. Drummond, Vice President Alfred P. Dougherty, ~ Vice President Karen L. Endersbee, Vice President ~ohn 3. Ferry 117, Vice President Kenneth Y. Gordon, Vice President F_Award IL Griffith, Vice President DOnald K. Gunn~ Vice President - Christopher J. Hanlon, Vice President Rob~-t Hanna, Vice President David A. Hart, Vice President Roger A. Herman, Vice President 8tefan O. Johansson, Vice President Laura Johnston, Vice President Candace B. Jorritsma, Vice President Charles IL Maffett, Ir., Vice President Rick Mercer, Vice Prezident Michaol D. Millard, Vice Prezident · Gary Nek~n, Vice .P~ident Richard O. Newman, Vice President T/mothy Oak, Vice Pre, id. ent Randy Park, Vice President EXHIBIT Page 1 of 2 AOENDA DEC 0 2 2003 EXHIBIT "A" Page 2 of 2 Vice Presidents, Continued Scott A. Perry, Vice President (Chief Accounting Officer) Kenneth P. Plonski, Vice President James T. Riley, Vice President Kerry W. Rudolph Marco A. Ruiz, Vice President Edward Sauabria, Vice President G. Patrick Settles, Vice President Barry A. Siren, Vice President Mark Smietana, Vice President Robert Swails, Vice President Pamela IC Talton, Vice President Ken Tuma, Vice President Diana L. Walker, Vice President Vice President/Assistant Secretaries: Paul Angelo, Vice President/Assistant Secretary James D. Cullen, Vice President / Assistant Secretary David IL Dyess, Vice President / Assistant Secretary Patricia Z. Hitchcock, Vice President / Assistant Secretary Stephen C. Pierce, Vice President / Assistant Secretary Eleanor W. Taft, Vic6 President / Assistant Secretary Assistant Secretaries: Sylvia Keith, Assistant Secretary Patricia A. Kelsey, Assistant Secretary Mary_ann Blance, Assistant Secretary Laurel Y. Sitterly, Assistant Secretary Patricia Tonger, Assistant Secretary DEC 0 2 2OO3 EXHIBIT "B" LBGAL DESCRIPTIO~ All that part of Parcel 'B' of PBLICAN BAY UNIT ONE, according to the plat thereof as recorded in Plat Book 12, Pages 47-52, Gollier Gounty Public Records, Collier Goun~y, F16rida and being particularly descn'bed as foll, ows: Commencing at the Southeast corner of said Parcel 'B*; thence along the East line of said Parcel 'B', N. O° 39' '32~ W., 'I'?.50 f~ot 'to-~h~-POINT OF BEGINNING of the parcel herein described; thence along a line which lies 17.5 feet North of and parallel with (as measured at right angle to) the platted South line of said Parcel "B' S.89° 30' 11' W., 1085.29 Feet to a point, on a curve and the West line of said Parcel "B'; thence along said West line Northwesterly 35.24 feet along the arc of a non-tangential circular curve concave to the Northeasr, having a radius of 50.00 feet, through a central angle of 40° 22' 47' and being subtended by a chord which bears N. 20° 50' 56' W., 34.51 feet; thence continue along said West line N. 0° 39' 32' W., 705.19 feet; thence continue along said West line Northwesterly 472.66 feet along the arc of a circular curve concave to the Southwest, having a radius of 2050.00 feet, through a central angel of 13° 12' 38" and being subtended by a chord which bears N. 07° 15' 51' W., 471.62 feet to a point on said curve; _thence N. 76° 40' 18'. E., 75.10 feet; thence Northeasterly 204.g4 feet along the arc of a circular curve concave to the Southeast, having a radius of 926.37 feet, through a central angle of 12° 40' and being subtended by a chord which bears bi. 83° 00' 23' E., 204.43 feet; · thence bt. 89° 20' 28:E.,.88.06 feet to a point on a curve; thence Southeasterly 138.70 feet along the arc of a non-tangential circular curve concave to the blortheast, having a radius of 125.00 feet, through a central angle of 63° 34' 27' and being subtended by a chord which bears S. 58° 52' 19" .E., 131.69 feet; thence bi. 89° 20' 28* E., 25.00 feet; thence Northeasterly 259.18 feet along the arc of a circular curve concave to the Northwest, having a radius of 450.00 feet, through a central angle of 33° 00' 00' and being subtended by a chord which bears N. 72° 50' 28' E., 255.61 feet to a point on said curve; thence S. 32° 27' 12' E., 564.55 feet; thence N. 89° 30' ll' E., 107.47 feet to the East line of said Parcel 'B' thence along said East line S. 0° 39' 32' E., Beginning of the parcel herein described. 771.25 feet to e Poiqt of PEg 0 2 20O3 n: '-',/3 Exhibit "C" Page t of 5 EXHIBIT "C" Response to Question #9.: Evaluation Criteria Project History_ The Pelican Bay DRI/PUD, a planned community, was originally approved by Collier County in 1977 (D.O. 77-1; PUD ORD. #77-18) and a substantial deviation to the project was approved in 1989 (D.O. 89-77A; PUD ORD. #89-35). As currently approved, Pelican Bay is authorized to contain a maximum of 8600 residential dwelling units and up to 1,095,000 gross square feet ("GSF") of commercial uses, including both retail and office. The project's construction began soon after its approval, and Pelican Bay is nearing completion. Proposed Changes. The proposed changes to Pelican Bay do not affect the currently approved Master Plan, which will remain in effect without modification. The only construction, or additional physical development that will occur as a result of these changes will occur on the existing Waterside Shops site. The proposed changes include reduction of the number of approved residential dwelling units and a transfer of floor area for all unbuilt commercial use from the north commercial area to the south commercial area, as described below: (1) A reduction in the number of approved residential units by 800 units, from 8,600 dwelling units currently approved to a new total of 7,800 units. (2) A decrease of approved commercial use within the north commercial area by a total of 170,343 GSF. This amount consists of 8,398 GSF of retail use and 161,945 GSF of office space. This reduction will prevent additional commercial development within the north commercial area beyond the currently constructed amount of 284,257 GSF of., .__ . .c°mmercial which will become the new approved amount f~ use, commercial pod. IDEC 2 2003, 0 Exhibit "C" Page 2 of 5 (3) An increase of approved commercial use within the south commercial area of Pelican Bay by 170,343 G.S.F. The additional retail and office uses will be located within the 28.3 acres comprising the Waterside Shops portion of the south commercial area. The currently approved 640,400 GSF of commercial use in the south commercial area will be increased by an identical amount, 170,343 GSF, being eliminated from the north commercial area. The increased floor area within the Waterside Shops parcel will consist of an additional 36,000 sq. ft. of approved office use and an additional 134,343 GSF of approved retail use. PUD Rezone Considerations in Land Development Code Section 2.7.3.2.5. The PUD/DR/Master Plan (1989) for Pelican Bay (See Exhibit "E" to the Application) is not being changed. The existing commercial uses within the Waterside Shops portion of the south commercial area were constructed in accordance with and pursuant to the original Pelican Bay DRI/PUD approvals, as amended, issued by Collier County beginning in 1977, including the substantial deviation approved in 1989. The Waterside Shops' commercial uses are within the GMP designated Activity Center located around the intersection of U.S. 41 and Pine Ridge Road. The requested changes will reduce the number of approved but unbuilt residential units in Pelican Bay and will eliminate approval of any additional future commercial development within the north commercial area. Any approved but unbuilt retail and office uses in the north will be "transferred" to the south commercial area, converted to primarily retail use, and located within the Waterside Shops' parcel. Pelican Bay's currently approved total commercial use of 1,095,000 GSF will be maintained as the total approved amount following these changes. The existing Waterside Shops are a popular and successful up-scale commercial retail use which is, and will remain, consistent with the goals, objectives and policies of the Collier County Growth Management Plan. The existing commercial development is compatible with all surrounding land uses and meets or exceeds all Collier County requirements regarding landscaping, open space and buffering. (See aerial photo, Exhibit "F.") No new land uses are being proposed. The existing Waterside Shops location is obviously suitable for and compatible with an expansion of these same uses, as proposed in this PUD amendment. The expansion of the Waterside Shops commercial use, in conjunction with the simultaneous reduction in residential units and commercial uses in the remainder of Pelican Bay, will be accommodated by the recently completed improvements to U.S. 41, and its intersection with Pine Ridge/Seagate Road. The proposed changes will not cause a lowering of the level of service on significant roadway segment or intersection. (See Traffic Impact Study re any ~ ,ort ~Sf David DEC 0 2 2003. Exhibit "C" Page 3 of 5 Plummer and Associates, attached as Exhibit "G" to the application.) The changes will also be accommodated by, and will not exceed the capacity of drainage, sewer, water and other existing public facilities and services. A~.ENDA ITEI~ /~ DEC 0 2 2003 AC.~.NOA i' No. DEC 0 2 0 0 0 o0 0 0 DEC 0 2 2003 Exhibit "F" DEC 0 2 ~t3HIO 9NINOZ 2003 WATE. DE Who are we? We are lNG Clarion. We are Pension Fund investment advisors to our national and international clients. The property is owned by a Pension Fund and we have managed the property for almost 10 years. What are we proposing? Waterside Shops at Pelican Bay along with WCI Communities are asking for a PUD change to convert commercial development rights from the north commercial end of Pelican Bay to the south commercial area of Pelican Bay. The application proposes the relocation of 170,343 sf of approved but unbuilt commercial space (162,945 sf of office and 8,398 sf of retail) from the North Commercial Area to the South Commercial Area. As a result, there will be no additional future retail or office construction with the north commercial pod. Most of the 170,343 sf will be converted to and utilized primarily for additional retail use by Waterside Shops at Pelican Bay. The additional commercial use will increase the approved uses by 134,343 sf of retail and 36,000 sf of office. Why do you want to expand? Jacobson's vacant space is 62,000 sf and is too small for the department stores we are talking to. We do not want the department stores we want, to go to another development or somewhere else in town. We want to continue to lease to high-end tenants and bring to Pelican Bay world class shopping. If the department stores do not come here and we are face new competitiorl uecaeae)A~TE~.' ..... of the new development, we may have to change the tenant mix to pr+er~the~ asset. ! Where is the expansion planned? / DEC 0 2 2003 The rights aren't for actual tangible land but rather for the right~ t_.c. commercial square footage - in other words we aren't going OUT but rather UP. The current land occupied by Waterside Shops at Pelican Bay will not be enlarged. We are considering another level to the former Jacobson'~ ~.r~~ D 2003 Fifth Avenue stores and also some small retail square footage on the US 41 side of the existing center. When do you plan on construction? No timetable has been established. Upon successful approval of our proposed zoning request, we will be better able to determine a construction time line. Most department stores and retailers want to open at the beginning of the fourth quarter. Our plans would have to coordinate with the retailers strategy in mind. Keep in mind we do not have the luxury of closing the center in order to build garages. The construction project will more than likely be in several phases. Will this expansion affect traffic within Pelican Bay? We are also purchasing residential building rights that exist in the PUD/DRI in order to mitigate for the fncreased traffic from the new commercial. This is how the residential reduction from 8,600 to 7,800 is achieved. Our recent traffic studies that are required by Collier County indicate that "overall traffic decreased by better than one percent with this proposed change." Significantly impacted roadways remain the same, adjacent roadway levels of service remain the same and adjacent intersection levels of service remain the same. How does the Foundation and the PBPOA feel about the proposal? The project has the support of the Boards of Directors for both the Pelican Bay Foundation and Pelican Bay Property Owners Association. Why do you need parking garages? Collier County requires 4 parking spaces per 1,000 sf of retail development. Waterside Shops at Pelican Bay presently has 4.75 spaces per 1,000 sf in order to meet our customers needs, during peak times. Current plans are to locate the north of the former Jacobson's store and between Saks Fifth Avenue and Barnes & Noble. Will the expansion cause Waterside Shops at Pelican Bay to cast more Foundation votes? NO. AC, mD^ ~.M/~ DEC 0 2 2003. Page 1 of 1 bellows_r From: SchmittJoseph Sent: Tuesday, August 05, 2003 8:34 AM To: bellows_r Subject: FW: Pelican Bay PUD rezone FYI ..... Original Message ..... From: Fred Hertel [mailto:fchertel@comcast.net] Sent: Monday, August 04, 2003 9:12 PM To: joeschmitt@colliergov, net Subject: Pelican Bay PUD rezone Please forward this email to Mr. Ray Bellows Dear Mr. Bellows, We live at 815 Buttonbush Lane in Pelican Bay. In response to your letter dated Aug I to Property Owners, we are totally in favor of the proposed rezone. We believe the changes in Waterside are desireable and beneficial to Pelican Bay residents, and urge that the rezone be approved. Janet M. Hertel Frederick C. Hertel 594-0526 DEC 0 2 2003 N OV 0 5 2003 PELICAN BAY PROPERTY OWNERS ASSOCIATION, 801 Laurel Oak Drive, Suite 600 Naples, FL 34108 (239) 566-9707. FAX (239) 598-9485 e-mail: pbpropertvownersCq-)earthlink.net October 29, 2003 Dear Commissioner: I am writing this letter in support of Waterside Shops' application for a zoning variance to the Pelican Bay PUD. As you know, the Board of the Pelican Bay Property Owners (Board) must first approve any request for zoning changes to the commercial property. Our Board met with Mr. Glen Harrell, general manager of Waterside Shops, who made a detailed explanation of the proposed change to the shopping center and their need to make such change. After the presentation and a review of the pertinent documents involved, the Board unanimously agreed and approved the proposed zoning variance. The Board's approval was based on the benefit an upscale shopping center gives to the community in form of a needed amenity that adds and enhances our property values and gives our community a convenient place to shop. The application does not encroach on the surrounding residential property or threaten it in any way. Because the request for a change is minor the Board feels the benefits far outweigh any possible detrimental affect the requested change could cause. Further, we see no increased traffic problems within Pelican Bay or in the surrounding area due to such change. In addition, it should be recognized that if the application is approved it will have no affect on residential building in Pelican Bay. In fact, Pelican Bay has no further land available for residential building, with the exception of land for two high-rise residential buildings. The Board recommends that the zoning variance be approved. Sincerely, Marvin F. Peterson President PBPOA Bcc harrell AGi~A ITEM DEC 0 2 2003 815 Buttonbush Lane Naples, FL 34108-3428 October 26, 2003 RECEIVED OCT 2 9 2003 Collier County Currem Planning Section Development Services Building 2800 North Horseshoe Drive Naples, FL 34104 RE: Pelican Bay PUD My wife, Janet, and I are in favor of the proposed amendments to the Pelican Bay PUD. We consider Waterside Shops a significant amenity, and believe the proposed changes will be a very desirable enhancement to the Pelican Bay community. Sincerely, Frederick C. Hertel ~Janet M. Hertel ~'DEC 0 2 2003 Gordon and Cecilia T. Jennings 704 Tamarind Court Naples, Florida 34108-8260 RECEIVED OCT 2 9 2003 Mr. Ray Bellows, Chief Planner Collier County Government Community Development and EnvirOnmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 October 27, 2003 RF.,: PUDA-2003-AR-4008 Dear Mr. Bellows, As residents of Pelican Bay, we wish to inform you that we are in favor of the petition to relocate commercial footage from the north commercial area to the south (Waterside Shops) commercial area. However, we are appalled at and adamantly opposed to efforts by County Government to seize this opportunity to overthrow the restrictions on land donated to the county for a parking lot on Vanderbilt Beach Road and mm it into a parking garage. Acts such as this do not inspire confidence in the trustworthiness of Collier County Government. cc: Commissioner Frank Halas George L Varnadoe, Esq. C. Laurence Keesey, Esq. RECEIVED A?aE. NOA DEC 0 2 2003 ! 6075 ~~ 53~¢, '3-3¢.u~ ~.p~ 802 W~p¢.~ , .~R. 3~1108.8f71 AC. aE. NDA ITr~/~ MARY A ROBINSON 4871 WEST BOULEVARD NAPLES, FL 34103 239-261-8715 Home 239-261-6l 16 Office /' ECEIVED November 5, 2003 Mr. Ray Bellows Collier County Department of Zoning 2800 N. Horseshoe Drive Naples, FL 34104 Re: Waterside Shops'Expansion Dear Mr. Bellows: As a resident of Naples for 32 years and a resident of West Boulevard for 20 years, I am concerned about the expansion of the Waterside Shops. It is my understanding the developer wishes to use an allotment for 8,000 residential units along with commercial area that is not going to be used in north Pelican Bay and transfer that to south Pelican Bay for the expansion of Waterside. West Boulevard is a residential street in a non-commercial area, but you would never know that with the traffic. It is a fact that during the season we have 6,000 vehicles a day travel our street. I have seen elementary school children dodging cars, joggers and walkers jumping out of the way of fast moving cars, trucks and trolleys and bicyclists nearly run down. West Boulevard is a street used frequently by dog walkers, joggers, bicyclists, children on their way to the Sea Gate Elementary School and park. The traffic flow now is a danger to the well being of all. It is hard to conceive the impact the additional traffic will have if the flow from Pelican Bay continues down West Boulevard after an expansion of Waterside. Way back in the beginning, when the developers of Pelican Bay went to the City of Naples to get approval to develop the area, one of the stipulations was West Boulevard from Pelican Bay would not be open into Park Shore. The traffic from Pelican Bay would be directed east to US 41 or west on Sea Gate Drive. Before we knew what was happening, West Boulevard was open and traffic was flowing south through Park Shore. DEC 0 2 2O03 We all know the intersection of US 41 and Pine Ridge Road is a failed intersection. It is avoided at all costs. The flow from the west side of US 41 goes down West Boulevard. Sometimes in the heat of the season vehicles are backed up from the stop sign at Neapolitan way half way down West. It will be all the way if expansion is allowed without traffic being diverted from West Boulevard in Park Shore. I have personally called the City of Naples Police Department many times to complain about speed and reckless driving. Their answer is to place a traffic speed measuring device on the side of the road and post a speed trap two or three times a year. It is not helping. Several areas are protected from traffic flow, Pine Ridge from Goodlette Road North, Myrtle Terrace from US 41 hotel traffic, Gulf Shore Boulevard from Sea Gate Drive, Crayton Road from Registry traffic and Pelican Bay and most recently Palm Drive from Collier County Government Center employees. It is time for West Boulevard. The end result of increased traffic flow on West Boulevard will cause tragic accidents. Our children, pets and friends are all at risk. I am asking you require the developers of the Waterside expansion to find a way to direct traffic away from West Boulevard in Park Shore so we can get back our residential neighborhood. Finally, the issue of property values must be discussed. As more and more traffic flows onto West Boulevard, the lower our property values go. I've had several realtors mention the value of our property would be much higher if we were not located on West Boulevard, the reason, traffic. Thank you for your consideration of these very important matters. I am available for discussion at any time. Sincerely, CC: Don Scott, Transportation Director Department of Traffic Impact Study 2800 N. Horseshoe Drive Naples, FL 34104 DEC 0 2 2003. ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8532S, 8532N, 8533S, 8533N, 9504N, 9504S, 9505S, 9505N, 950809S AND 950809N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL, PROPERTY FROM "PUD" TO "PUD" PLANNED UNH' DEVELOPMENT KNOWN AS THE PELICAN BAY PUD FOR PROPERTY LOCATED 1N THE NORTHWEST QUADRANT OF THE INTERSECTION OF U.S. 41 AND SEAGATE DRIVE (C.R. 896) IN SECTIONS 32 AND 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTIONS 4, 5, 8 AND 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,104 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 77-18, AS AMENDED, THE FORMER PELICAN BAY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, C. Laurence Keesey of Young van Assenderp, Vamadoe and Anderson, P.A., representing the Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida that: SECTION ONE: The zoning classification of the herein described real property located in Sections 32 and 33, Township 48, South, Range 25 East and Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8532S, 8532N, 8533S, 8533N, 9504N, 9504S, 9505S, 9505N, 950809S and 950809N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 77-18, as amended, known as the Pelican Bay PUD adopted on April 19, 1977, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- A~E.I~A ITEM ~ DEC 0 2 2003 PASSED AND DULY ADOPTED by the Board of County Commissioners ot Collier County, Florida, this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Matjorie M. Student Assistant County Attorney P UDA-2003 -AR-~00g/RB/]o BY: TOM HENNING, CHAIRMAN -2- AGENDA ITEM _~ DEC 0 '2 2003 Planned Unit Development For PELICAN BAY PUD BY WCI Communities, Inc. (Formerly Westinghouse Communities of Naples, Inc.; Formerly Coral Ridge-Collier Properties, Inc.) Original PUD: Approval April 8, 1977 PUD Ordinance 77-18 As Amended by: Ord. 80-61 Ord. 80-109 Ord. 81-16 Ord. 81-50 Ord. 82-96 Ord. 83-4 Ord. 83-48 Ord. 86-42 Ord. 88-62 Ord. 89-35 (Sub. dev.) Ord. 90-66 Ord. 93-63 Ord. 2003 - Exhibit "A" Words in bold are additions; words struck tP. rougL are deletions. AGENOA ITEM/~ DEC 0 2 2003 .g. INDEX LIST OF EXHIBITS STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT UTILITY SERVICES RESIDENTIAL GROUP 1 RESIDENTIAL GROUP 2 RESIDENTIAL GROUP 3 RES IDENTIAL GROUP 4 GOLF COURSE COMMUNITY & AREA COMMERCIAL CONSERVATION AREA UTILITY AREA DEVELOPMENT COMMITMENTS SECTION I SECTION II SECTION HI SECTION IV SECTION VI SECTION VI SECTION VII SECTION VIII SECTION IX SECTION X SECTION XI SECTION XII PAGE ii iii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 9-1 10-1 11-1 12-1 Words in bold are additions; words struck t~:cugh are deletions. AGENDA ITEM DEC 0 2 2003, LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N Evidence of Control of Property Vicinity Map Site Map Boundary Map Topography Map Soils Map Vegetation Map Pelican Bay Improvement District Act Estimated Unit Absorption Schedule and Population Projection Internal Roadway Requirements Traffic Signal Locations Hotel Location Restrictions Height Restriction for Portions of Group 4 Agreement between Collier County Planning Commission and Westinghouse Communities of Naples, Inc. ii Words in bold are additions; words struck t~raag~ are deletions. DEC 0 2 2003 STATEMENT OF COMPLIANCE The development of approximately 2104 acres of property in Sections 32 and 33, Township 48 South, Range 25 East and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as PELICAN BAY will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan which includes th~ Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners on October 14, 1974. PELICAN BAY will meet the planning and development objectives for the following reasons: 1) This property is surrounded by developed property on three adjacent landward sides. 2) An arterial roadway is in existence along the project's eastern boundary. There are also roadways along the north and south boundaries of the proposed project. 3) The property is entirely within the boundaries of the Pelican Bay Improvement District which was created by the Florida Legislature for the purpose of providing water management, potable water and wastewater treatment facilities for the proposed development. 4) The proposed land use mix is compatible with the surrounding uses. 5) The project rates points in excess of the 31 points necessary to determine it to have existing community facilities and services for the residential density and permitted uses of the proposed plan and therefore is not leapfrog growth. 6) The project shall comply with the applicable zoning and subdivision regulations and all other County and State laws dealing with platting and subdividing of property at the time improvements and plat approvals are sought. 111 Words in bold are additions; words struck thrc. ugh are deletions. DEC 0 '2 2003, pg. 1-1 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 INTRODUCTION AND PURPOSE It is the intent of Coral Ridge-Collier Properties, Inc. (hereinafter called "applicant" or "developer") to establish and develop a planned unit development on approximately 2,104 acres of property located in Collier County, Florida, just north of the City limits of Naples. It is bordered on the west by the Gulf of Mexico and on the east by U.S. Highway 41 (Tamiami Trail). The northern boundary of the property is Vanderbilt Beach Road. The southern edge of the property is bounded by Seagate Drive. It is the purpose of this document to provide the required detail and data concerning the development of the property. 1.02 NAME The development will be known as PELICAN BAY. 1.03 LEGAL DESCRIPTION 1.04 All that fractional part of Section 32, lying South of Vanderbilt Beach Road; and all of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots 1 and 2, Section 5; all fractional part of Section 8; and all of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the South 70 feet of the Southeast 1/4, and the South 70 feet of the East 158.25 feet of the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County, Florida. TITLE TO PROPERTY The southern 500 acres of the proposed development are owned by Coral Ridge- Collier Properties, Inc. The northern 1,604 acres are under option as described in Exhibit "A", Evidence of Control of Property. Words in bold are additions; words gtr'..'ck t~roug~ are deletions. DEC 0 2 2003 1-2 1.05 GENERAL DESCRIPTION OF PROPERTY AREA The general location of PELICAN BAY, the current zoning classifications of surrounding properties, and nearby land developments are illustrated by Exhibit "B", Vicinity Map. The project site contains approximately 2,104 acres of property with approximately three miles of frontage along the Gulf of Mexico. At the time of this application the property was zoned GRC, RM-1 and RS-4. Certain portions along the western edge of the property were designated "Special Treatment (ST)" as shown on Exhibit "B", Vicinity Map. 1.06 PHYSICAL DESCRIPTION Elevations within the project site range from sea level to approximately nineteen (19) feet above sea level as shown on Exhibit "E", Topography Map. The soil types of the site are shown on Exhibit "F" Soils Map and are discussed in detail in Section 20.B.6 of the Application for Development Approval of a Development of Regional Impact. The vegetation on the site is shown on Exhibit "G", Vegetation Map and is discussed in detail in Section 20. B.2 of the Application for Development Approval of a Development of Regional Impact. Words in bold are additions; words struck through are deletions. AC-iEN~)A ITEM~.-.~ ?© DEC 0 2 2003 2-1 SECTION II 2.01 PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 2.02 2.03 GENERAL PLAN OF DEVELOPMENT The general plan of development of PELICAN BAY is for a planned residential community including a mixture of single and multi-family dwelling units with commercial areas, golf course, school sites, governmental facilities sites, neighborhood and community parks and protected beaches and wetlands. GULF-FRONT LAND The applicant recognizes the importance of the availability of Gulf-front land for the use of those persons residing within the PELICAN BAY development and for use by the general population of Collier County. The applicant also recognizes the importance of setting aside large areas which are environmentally sensitive. When the applicant receives all local, state, federal or other regulatory agency development permits, and complete development is permitted in accordance with this ordinance as adopted, the applicant shall satisfy the requirements for Gulf- front land use for the residents of PELICAN BAY and the general Collier County population in the following ways: ao The residents of PELICAN BAY: When the above condition is met, the applicant shall file covenants on approximately 530 acres of uplands, wetlands, and open water areas, which are environmentally sensitive, including approximately, one and one-quarter miles of beachfront immediately north of Clam Pass. The use of this land will be restricted by covenants for preservation, conservation and limited recreational use and this area is identified on the project development map as the area labeled "Conservation". Words in bold are additions; words struck t~ro. ug~ are deletions. AGENOA ITEM,,..% DEC 0 2 2003 _7/ 2-2 bo General Collier County population: When the above condition is met, the applicant shall convey approximately 36 acres, which includes three- quarters of a mile of beachfront immediately south of Clam Pass to Collier County. This conveyance will contain a covenant restricting its use for a public beach with related recreational activities and in the event that development or fill permits are modified or withdrawn at anytime during the development process without written consent agreement between the applicant and Collier County or in the event that Collier County violates the provisions of the covenant restricting the use of the beach for a public beach with related recreational activities, then and in either one of those events the ownership of the property shall revert to the applicant. The applicant shall reserve a minimum of two (2) acres within the southern portion of Group 4 upon which Collier County may construct a parking lot in connection with any county constructed accessway to the 36 acres of Gulf-front land. The applicant will convey the 2 acres of Group 4 properties to Collier County at the time Collier County constructs a beach accessway. Co When the above condition is met, the applicant shall develop, on approximately five (5) acres located at the northwest comer of PELICAN BAY adjacent to Vanderbilt Beach Road and the Gulf of Mexico, approximately 120 parking spaces and then convey the same to Collier County for public beach access purposes. The accomplishment of 2.03(a), (b) and (c) above being contingent upon the conditions of 2.03 being met, and the transfer of dwelling units from the ST areas and the placing of conservation zoning thereon being in contemplation of the conditions of 2.03 being met and the applicant being allowed to develop 98 acres of wetlands in the northwest comer of Group 4; it is specifically understood that, in the event said conditions are not met and the applicant is not allowed to develop the 98 acres or any part thereof, then to the extent that the applicant is not allowed to develop any part of the 98 acres heretofore described, it is the intent of the applicant to apply for a modification to this PUD document to allow the applicant to develop an equal amount of the Conservation area as Group 4 property. 2.04 SPECIAL TREATMENT (ST) REGULATIONS Words in bold are additions; words girt:ok t.~,vugh are deletions. The adoption of this document shall constitute satisfaction of the "SPECIAL REGULATIONS FOR (ST) AREAS OF ENVIRONMENTAL SENSITIVITY" and the transfer of the applicant's development rights from "ST" lands to "non- ST" lands, in compliance with the applicable sections of the Zoning Ordinance of Collier County to permit development as herein described. DEC O 2 2003 2-3 2.05 2.06 SITE PLAN APPROVAL When site plan approval is required by this document the following procedure shall be followed: ao A written report for site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood 0r to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, refuse and service areas; and required yards and other open spaces. 2) Plans showing proposed locations for utilities hook-up; 3) Plans for screening and buffering with references as to type, dimensions, and character; 4) Proposed landscaping and provisions for trees protected by County regulations; and 5) Proposed signs and lighting, including type, dimensions and character. LAND USE Table 1 is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "C", Site Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to and approved by the Director at the time of Master Plan approval of each development phase as required by the Collier County Subdivision Regulations. Words in bold are additions; words struck tSreugh are deletions. DEC 0 2 2003 2-4 2.07 FRACTIONALIZATION OF TRACTS When Coral Ridge-Collier Properties, Inc. sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, Coral Ridge- Collier Properties, Inc. shall provide to the Director for approval or denial prior to the sale, a boundary drawing showing the tract and the building parcel therein when applicable and in the case of a residential area, the number of dwelling units of each residential group assigned to the property being sold. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. bo In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.07(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial, prior to the sale of a fractional'part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. In the event a commercial tract or building parcel is sold by any subsequent owner, as identified in Section 2.07(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. do The developer of any tract or building parcel must submit at the time of application for a building permit, a detailed plot plan for this tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet loading areas, refuse and service areas, required yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among the proposed structures. Words in bold are additions; words struck tPzoug5 are deletions. DEC 0 2 2003 2-5 2.08 RESIDENTIAL The information hereinafter provided identifies each residential group; the total acreage per group and the total dwelling units per group. a) Group 1 parcels have a total of 278 acres. A maximum of 600 dwelling units will be placed on Group 1 parcels in accordance with Section 4, except as provided in Section 2.10. b) Group 2 parcels include 390 acres. A maximum of ~344 2114 dwelling units will be placed on Group 2 parcels in accordance with Section 5, except as provided in Section 2.10. c) Group 3 parcels include 116 acres. A maximum of !68~ 1286 dwelling units will be placed on Group 3 parcels in accordance with Section 6, except as provided in Section 2.10. d) Group 4 parcels include 343 acres. A maximum of 4000 3800 dwelling units will be placed on Group 4 parcels in accordance with Section 7, except as provided in Section 2.10. Words in bold are additions; words sir'ack t~.rzt:g5 are deletions. DEl; 0 2 2003 2-6 LAND USE TYPE TABLE 1 PELICAN BAY LAND USE SCHEDULE MAXIMUM APPROXIMATE SQUARE FEET ACREAGE GROSS BLDG. AREA MAXIMUM NO. OF D.U. RESIDENTIAL Group 1 278 Group 2 390 Group 3 116 Group 4 343 COMMERCIAL Area 48.7 Community 50.2 Total 98.9* *not including public roads and lakes PUBLIC FACILITIES Utility 19 Schools 45 Major Public Roads 112 Government Admin. /Community Park 20 OPEN SPACE & RECREATION Conservation Area 570 Golf Course, Tennis Club & Golf Club 171 Neighborhood Parks 20 Philharmonic Hall 6.5 600 2--344 2114 ~ ~:Q~: 1286 38oo 810,743 284,257 1,095,000 (also included in Group 2) (also included in Group 2) (also included in Residential areas) TOTAL 2,104 Acres Words in bold are additions; words struck t.~c. ugk are deletions. DEC 0 2 2003 2-7 2.09 PROJECT DENSITY The total acreage of the PELICAN BAY property is approximately 2,104 acres. The maximum .number of dwelling units to be built on the total acreage is 8599 7800. The number of dwelling units per gross acre is approximately ~.9 3.7. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land. 2.10 PERMITTED VARIATIONS OF DWELLING UNITS Each tract shall be permitted to be developed with the maximum number of dwelling units as assigned by Sections 2.06 and 2.08 provided that the applicant may increase the maximums by not more than 10%; and provided further that the total dwelling units for the entire project shall not exceed 85,,'09-, 7800. The Director shall be notified in accordance with Section 2.07 of such an increase and resulting reduction in another tract so that the dwelling units will be balanced at ~,cr~r~ 7800. 2.11 DEVELOPMENT SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 28 to 34 year time period, any projection of project development can be no more than an estimate based on current marketing studies. The estimate may of course, change depending upon future economic factors. Exhibit 'T' indicates, by year, the estimated absorption of units (by unit type) and the approximate population of the project (assuming full occupancy) for the estimated 28-34 year development period. 2.12 RECREATIONAL FACILITIES SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non- compliance with this schedule will result in withholding of additional permits until compliance is achieved. BUILDING PERMITS FOR NOT MORE: FACILITY OR SITE 400 Units 700 Units 1600 Units Golf Course Clubhouse* Canoe Launch/Canoe Dock** Boardwalk Nature Trail Neighborhood Parks** Government Administration 9 holes 9 holes X X Words in bold are additions; words ............ e.. are deletions. X X DEC 0 2 2003 2-8 Site/Community Park Site*** * Clubhouse for golf- 5,000 square feet minimum. ** Neighborhood parks to be improved, dedicated and conveyed to the Pelican Bay of Naples Foundation, Inc. pursuant to Section 12.05A below. Canoe launch/canoe dock is included as part of the neighborhood parks. *** Government administration site/community park site to be improved, dedicated and conveyed to Collier County pursuant to .. 12.04B below. 2.13 AMENDMENT OF ORDINANCE Both the County and developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 28 to 34 years, recognize that exceptions, variances, or amendments to this ordinance may be necessary in the future. Obviously, there may be changes in Planning techniques, engineering techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. 2.14 TREE REMOVAL All clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and all applicable codes. Prior to any such removal, a site clearing plan must be submitted to the Director for review and approval to insure that said removal shall be carried out under proper FORESTRY MANAGEMENT PRINCIPALS. Protected trees shall be flagged, clearly marked and/or fenced during periods of construction so as to eliminate or minimize their damage. 2.15 DEFINITIONS For the purposes of this Planned Unit Development Document: (1) "Recreational Club" means an association established to specifically provide for the conduct of leisure activities, sports activities, hobbies, or games, as well as related activities including but not limited to food service, alcoholic and non-alcoholic beverage sales, locker room and shower facilities, workshops and meeting facilities which further the enjoyment, entertainment, relaxation, and comfort of those persons which the club is intended to serve. Words in bold are additions; words struck tF~rough are deletions. DEC 0 2 2003 2-9 (2) "Hotel or Motel Unit" means a unit designed for transient occupancy and utilized for rental to transients. A hotel or motel unit may have cooking or eating ,facilities. A hotel or motel unit shall contain bathing and sanitary facilities. All other definitions shall be as contained in the Zoning Ordinance of Collier County. 2.16 In addition to signage permitted under the provisions of the Pelican Bay Planned Unit Development Document, project identification signage identifying the Pelican Bay community and certain major uses (i.e., hotels, commercial areas, public facilities, recreational facilities and areas) contained within the boundaries of the Pelican Bay planned unit Development are permitted to be located at: A. The intersection of U.S. 41 and Vanderbilt Beach Road, and B. The intersection of U.S. 41 and Seagate Drive, and Co Major roadway and street entrances to Pelican Bay from surrounding roads: 1. Along U.S. 41: at no more than three (3) major entrances; 2. Along Seagate Drive: at no more than one (1) major entrance; Along Vanderbilt Beach Road: at no more than one (1) major entrance; D. Sign Development Standards: 1. These signs replace any signage permitted by the Zoning Ordinance at these locations. The following locations are not included in the locations referenced in C. above: The southeast corner of the intersection of U.S. 41 and the southernmost part of Pelican Bay Boulevard; Laurel Oak Drive and U.S. 41; the west side of the inter-section of Seagate Drive and West Boulevard. All such signage shall be a principal permitted use in all land use categories within the boundaries of the Pelican Bay Planned Unit Development and shall not be deemed or considered signage. ~ o Words in bold are additions; words ...... v ,. ..... ~' are deletions. DEC 0 2 2003 2-10 o o o 10. Project identification signage at the intersections referenced in A. and B. above herein shall not exceed 250 square feet in .the aggregate per intersection, and project identification signage at the entrance locations referenced in C. shall not exceed 100 square feet in the aggregate per entrance. No individual sign shall have height greater than twelve (12) feet. No more than two (2) structures containing signage shall be permitted at each such location, and major uses identified in addition to the Pelican Bay community shall not exceed a total of four (4) in number at each such location. No sign shall be located greater than fifty (50) feet from any other project identification signage at said locations. Project identification signage at the locations referenced in A. and B. above shall be located within an area defined by a triangle, two sides of which shall be 100 feet along adjoining roadways. Every effort shall be made to remove as little as possible of protected plant species. All provisions of the Tree Removal Ordinance (Ordinance 75-21 and any future amendments) shall be met. Should any of the signs be requested to be placed within public right-of-way, a right-of-way permit must be applied for and approved. All signs shall be located so as not to cause sight distance problems. All signs shall require sign permits and other applicable permits prior to construction and/or erection. Words in bold are additions; words struck tP, rc'agh are deletions. A~I~)A IT~ DEC O 2 2O03 3-1 SECTION III UTILITY SERVICES TO PELICAN BAY 3.01 GENERAL The Pelican Bay Improvement District was created by action of the Florida Legislature in 1974. The specific law creating the district is Chapter 74-462 of the Florida Statutes. The district is a political subdivision of the State of Floridh charged with the specific responsibility to design, finance, build, operate, and maintain (1) sewerage system (2) potable water system (3) surface water management and control system. The law provided for a Board of Supervisors of the Pelican Bay Improvement District to carry out the duties delegated to it. The law established the original five members of the Board of Supervisors as appointed by the Collier County Commission. Those individuals will hold office until there is an election among the qualified electors of the District to determine membership on the Board of Supervisors. The Board of Supervisors, in order to carry out the duties and responsibilities assigned to it, was granted certain powers and authorities by the Legislature. Specifically, the district, through the Board of Supervisors can enter into contracts; borrow money; issue bonds; assess lands for special taxes; provide special user assessments; own and acquire interests in land; employ professionals and other necessary persons to carry out the duties; and, if necessary bring legal actions. The Legislature of the State of Florida specifically expressed that the purpose of the district was to "facilitate development" of utility services. A copy of the Pelican Bay Improvement District Act, Chapter 74-462 of the Florida Statutes, is attached hereto as Exhibit "H". a) Water Supply and Treatment Facilities The Pelican Bay Improvement District is charged with the responsibility of providing a water system for the PELICAN BAY project. b) Sewerage Treatment Facilities The Pelican Bay Improvement District is charged with the responsibility of providing a sewerage system for the PELICAN BAY project. c) Water Management Control Facilities The Pelican Bay Improvement District is charged with the r, of providing water management and control. Words in bold are additions; words g~'uck t~,rougk are deletions. ,,~ponsibility DEC 0 2 2003. 3-2 3.02 3.03 3.05 3.06 SOLID WASTE COLLECTION Solid waste collection for the PELICAN BAY project will be handled by the company holding the franchise for solid waste collection for the county. ELECTRIC POWER SERVICE Florida Power and Light Company will provide electric service to the entire project. TELEPHONE SERVICE Telephone service will be supplied to the PELICAN BAY project by United Telephone Company of Florida. TELEVISION CABLE SERVICE The PELICAN BAY project falls within the franchise areas of two television cable companies. Those companies are the South Florida Cable Television Corporation of Bonita Springs and the Radio Television Centre of Naples. EASEMENTS FOR UNDERGROUND UTILITIES On-Site utilities such as telephone, electric power, TV cable service; wastewater collection, water distribution, etc. shall be installed underground. Except that electrical feeder lines serving commercial and other high use areas, water pumping stations, lift stations, transformer banks, etc. shall be permitted above ground. Easements shall be provided for all utility purposes in areas that must be cleared for utility construction, a special effort shall be made to protect the maximum number of trees. Said easements and improvements shall be done in accordance with the subdivision regulations. Words in bold are additions; words struck t.~z.~ug~ are deletions. AC.~=.NDA I'IT=M/~ DEC 0 2 2003 4-1 SECTION IV GROUP 1 4.01 4.02 4.03 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, and Table 1 as Group 1 parcels. MAXIMUM DWELLING UNITS A maximum number of 600 dwelling units by be constructed in all of the Group 1 parcels combined except as permitted by Section 2.10. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures l) 2) 3) 4) B. Single Family detached dwellings. Attached single-family units as combinations of up to and including three (3) single-family attached units per structure. Parks, playgrounds, playfields and commonly owned open space. Water management facilities. Permitted Principal Uses and Structures Requiring Site Plan Approval 1) Non-commercial boat launching facilities, and multiple docking areas not to exceed one per dwelling unit. 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers when accessory to' the church or school. ACtA DEC 0 2 2003 PI~. Words in bold are additions; words strt:ck tSro~:g~ are deletions. 4-2 C. Permitted Accessory Uses and Structures 1) Private boat docks with or without boat hoists, on water front lots, not protruding more than five (5) feet into the water except if such . waterbody has a width one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however that no boat is used as a residence. 2) Customary accessory uses and structures, including private garages. 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 4.04 REGULATIONS 4.04.01 GENERAL: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries. 4.04.02 MINIMUM LOT AREA: 10,000 square feet 4.04.03 MINIMUM LOT WIDTH: mo Corner Lots - Ninety-five (95) feet as measured at the front yard setback line. B. Interior Lots - Eighty (80) feet as measured at the front yard setback line. 4.04.04 MINIMUM YARDS: A. Front yard - 30 feet B. Side yard - 7 1/2 feet one story, 10 feet for two stories. Co Rear yard - 25 feet except that for screen enclosures the rear yard may be reduced to 15 feet. Words in bold are additions; words struck t.~:cug5 are deletions. DEC 0 2 2003 4-3 4.04.05 4.04.06 4.04.07 4.04.08 All yards abutting a street shall be front yards. Four-sided comer lots shall have two front and two side yards. Five or more sided corner lots shall have two front, two sides .and remaining yards shall be rear yards, with the rear yards being those farthest from the abutting streets. REDUCTION OF MINIMUM LOT WIDTH, AREA AND YARDS: In the case of clustered buildings with common architectural theme, the requirements of Sections 4.04.02, 4.04.03 and 4.04.04 may be less provided that a site plan is approved in accordance with Section 2.05. MINIMUM FLOOR AREA: A. One story - 1,000 square feet. B. Two story - 1,200 square feet. OFF STREET PARKING REQUIREMENTS: One parking space shall be required for each dwelling unit and such space shall be located within the building setback line. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. MAXIMUM HEIGHT: Thirty (30) feet above finished grade of lot. Accessory buildings limited to twenty (20) feet above finished grade of lot. Words in bold are additions; words ...... t- ,~. ..... ~' are deletions. AGENDA ITEM/~' DEC 0 2 2003 5-1 5.01 5.02 5.03 SECTION V GROUP 2 PURPOSE The purpose of this Section is to set forth the regulations for areas designated on Exhibit "C", Site Plan, and Table 1 as Group 2 parcels. MAXIMUM DWELLING UNITS A maximum number of Zz3-14 2114 dwelling units may be constructed in all of the Group 2 parcels except as permitted by Section 2.10. USES PERMITFED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1) Single family units are permitted as individual structures or as combinations up to and including six (6) single family attached units per structure. Such unit types as single family attached, duplex, patio, cluster attached, cluster detached, villa attached, villas detached and zero lot lines are permitted. 2) Multi-family residential units including garden apartments. 3) Parks, playgrounds, playfields and commonly owned open space. 4) Water management facilities. B. Principal Uses Requiring Site Plan Approval: 1) Non-commercial boat launching facilities and multiple docking areas. 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, child care administration buildings. center, and governmental AGENDA ITEM DEC 0 2 2003 Words in bold are additions; words gtruck t,~,rc, ug~ are deletions. 5-2 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 5.02 above. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoist~, on waterfront lots,. not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses and structures, including private garages. 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years form the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 5.04 REGULATIONS 5.04.01 MINIMUM LOT AREA: A minimum area of 2600 square feet per dwelling unit shall be provided in some combination of individual lots and contiguous common open space, excluding private and public roads. 5.04.02 MINIMUM LOT WIDTH: Minimum individual lot (envelope) width for each dwelling unit related to a structure containing at least two (2), but not more than six (6) dwelling units shall not be less than twenty (20) feet measured between the side lot lines at the required front setback. Bo Minimum individual lot width for a single detached unit structure shall not be less than forty-five (45) feet measured between the side lot lines at the required front setback line. Words in bold are additions; words gtrack through are deletions. DEC 0 2 2023 5-3 5.04.03 5.04.05 MINIMUM YARDS: mo From tract boundary lines, right-of-way lines and/or the edge of the gutter of a private road, twenty-five (25) feet. B. Distance between structures: 1) Between any two principal structures there shall be a combined minimum yard of 1/2 the sum of their ,, heights but not less than twenty (20) feet. 2) Between any two accessory uses there shall be a combined minimum yard of twenty (20) feet. Co In the case of clustered buildings with a common architectural theme, these distances may be less, .provided that a site plan is approved in accordance with Section 2.05. MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Three (3) stores above the finished grade of lot. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. Bo Accessory structures shall be no higher than twenty (20) feet above the finished grade of the lot. MINIMUM FLOOR AREA: Those principal use structures which are identified in Section 5.03.A. shall be as follows: One (1) story structures shall not contain less than eight hundred (800) square feet and two (2) story structures shall not contain less than twelve hundred (1200) square feet. Words in bold are additions; words 3truck t~,rc, ug~ are deletions. A~r_J~A ~T~.I~ DEC 0 2 2003 5-4 5.04.06 5.04.07 5.04.08 OFF-STREET PARKING: Those principal use structures which are identified in Section 5:03.A. shall contain a minimum of two (2) spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. REZONED NEIGHBORHOOD COMMERCIAL Additional stipulations in regard to those Group 2 lands rezoned from Neighborhood Commercial are contained in Exhibit "N". Words in bold are additions; words str'..'ck t,groug~ are deletions. DEC 0 2 2003 6-1 6.01 6.02 6.03 SECTION VI GROUP 3 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan and Table 1 as Group 3 parcels. MAXIMUM DWELLING UNITS A maximum number of 1SSS 1286 dwelling units may be constructed in all of the Group 3 parcels combined except as permitted by Section 2.10. USES'PERMYITED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multi-family residential units including garden apartments. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) Parks, playgrounds, playfields and commonly owned open space. 4) Water management facilities. B. Principal Uses Requiring Site Plan Approval: 1) Non-commercial boat launching facilities and multiple docking areas. 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers. Words in bold are additions; words sift:cfc ~'o. ug~ are deletions. DEC 0 2 200:3 6-2 6.04 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling units in accounting for the dwelling units assigned in 6.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except is such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses and structures, including private garages. 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. REGULATIONS 6.04.01 MINIMUM LOT AREA: One (1) net acre. 6.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard setback line. 6.04.03 MINIMUM YARDS: mo From tract boundary lines, right-of-way lines and/or from the edge of the gutter of a private road, thirty-five (35) feet or one-half (1/2) the height of the structures, whichever is greater. B. Distance Between Structures Words in bold are additions; words ...... tP. rot:gk are deletions. DEC I] 2 ~003 6-3 1) Between any two principal structures - one-half (1/2) the sum of their heights but not less than thirty (30) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less then twenty (20) feet. Co In the case of clustered buildings with a common architectural theme, these distances may be less, provided that a site plan is approved in accordance with Section 2.05. 6.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: 6.04.05 Four (4) stories above the finished grade with Option of having one (1) floor of parking beneath the allowable four (4) stories. Accessory structures shall be limited to a maximum of twenty (20) feet above finished grade of the lot. MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Those principal use structures which are identified in Section 6.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. 6.04.06 OFF-STREET PARKING: Those principal use structures which are identified in Section 6.03.A shall contain a minimum 1.5 parking spaces per dwelling unit. The Director may permit a lessor number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 6.04.07 OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Ordinance of Collier County. - Words in bold are additions; words struck t~rcug5 are deletions. Zoning DEC 0 2 2~,$3 7-1 7.01 7.02 7.03 PURPOSE SECTION VII GROUP 4 The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "C", Site Plan, and Table 1 as Group 4. MAXIMUM DWELLING UNITS A maximum number of 4000 3800 dwelling units may be constructed in all of the Group 4 parcels combined except as permitted by Section 2.10. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) 2) 3) 4) 5) 6) Multi-family residential buildings. Those uses permitted in Group 2 when developed in accordance with Section 5.04. Those uses permitted in Group 3 when developed in accordance with Section 6.04. Parks, playgrounds, playfields and commonly owned open space. Water management facilities. Existing non-commercial plant nursery. B. Principal Uses Requiring Site Plan Approval: 1) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 2) Churches, schools and child care centers. 3) Civic and cultural facilities. Words in bold are additions; words struck t~,re, agh are deletions. DEC 0 2 2C-~3 7-2 4) Hotels and motels, except in those areas identified as "no hotels permitted" on Exhibit "L", maximum of 1336 units. Each hotel or motel unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. 5) Private clubs intended to serve the residents of PELICAN BAY. 6) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. Permitted Accessory Uses and Structures: 1) Private boat docks, with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Non-commercial boat launching facilities and multiple docking areas. 3) Customary accessory uses and structures, including private garages. 4) Signs as permitted by the Zoning Ordinance of Collier County. 5) Model dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. From Ordinance 90-66 6) For a one (1) year period beginning with the effective approval date of this amendment, tents shall be permitted in conjunction with hotels or motels, providing the following standards shall be met: (a) The tent shall be on the same site as motel. Words in bold are additions; words struck tF. rougk are deletions. DEC 0 2 20 3 qq 7-3 (b) Tents permitted under this section shall be used only for meetings, banquets, and similar "event type" social functions. (c) Site plan approval shall be obtained in accordance with Section 10.5 of the Zoning Ordinance: (d) Tents shall be located so that they are not visible from a public street. A landscape screen which has the effect of totally blocking the view of said tent from a public street shall be deemed acceptable. (e) Where a tent is to be erected under this section so that it could be viewed from an adjacent residential area then said view vista shall be in accordance with Section 8.37 b of the Zoning Ordinance and as a function of a Section 10.5 review and approval. (f) No tent erected under this section shall be located closer than 100 feet to any public street and 200 feet to any residentially zoned or used property. (g) No noise transmission from said tent permitted under this section shall exceed the specifications set forth in the Collier County Noise Control Ordinance 90-17, as amended. (h) Any existing tents will be removed at the owner's expense prior to the expiration of the one (1) year period defined in paragraph C(6). (i) The minimum size tent structure that may be erected under this section is 3,000 square feet. Words in bold are additions; words struck t.h. rough are deletions. DEC 0 2 2003 7-4 (j) Tent structures erected under this section shall pay all applicable impact fees as prescribed by the appropriate County ordinance at the time of an approval of a final Site Development Plans as provided by Subparagraph ( c ) above. Said impact fees are non-refundable upon the removal of the tent following the one year period of authorization, however if building permits are issued for a permanent building to replace said tent structure within one year following the removal of the tent, a credit against the impact fees and/or system development charges payable for the permanent building, up to the amount of the charges paid for the tent shall be given. (k) Tent erected from this section shall be clear-span frame structures and not traditional pole tents, designed and engineered for long-term installation. Tents shall be designed for wind loads of 70 mph wind speed, exposure B, UBC 1985. Appropriate specifications and technical information to demonstrate compliance with these standards shall be submitted with the application for site plan review. 7.04 REGULATIONS 7.04.01 MINIMUM LOT AREA: One (1) net acre. 7.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard set back line. 7.04.03 MINIMUM YARDS: mo From tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or V2 of the height, whichever is greater. Words in bold are additions; words struck t~roug~ are deletions. DEC 0 2 2003 7-5 Bo Co Distance between structures - 1) Between any principal structures - one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05. 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: mo Principal structures: Two hundred (200) feet above finished grade of the lot, except in those areas so identified on Exhibit "M", there shall be a maximum height of five (5) stories above one (1) fioor of parking. Bo Accessory structures shall be limited to a maximum of twenty-five (25) feet above finished grade of lot except for roof top recreation facilities. 7.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Those principal use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. Words in bold are additions; words struck a. ..... , ..... ~. are deletions. DEC 0 2 2003 7-6 7.04.06 7.04.07 OFF-STREET PARKING: Those principal use structures which are identified in Section 7.03.A shall contain a minimum of 1.5 parking spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicated infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. Words in bold are additions; words struck t~.roug~ are deletions. A~D4DA DEC O 2 2003 8-1 8.01 8.02 SECTION VIII GOLF COURSE PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Golf Course. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course 2) Golf Clubhouse 3) Tennis Courts 4) Tennis Clubhouses 5) Transient lodging facilities not to exceed 25 units. 6) Water management facilities. Permitted Accessory Uses and Structures 1) Pro-shop, practice driving range and other customary accessory uses of golf courses, tennis clubs or other recreational facilities. 2) Small commercial establishments, including gift shops, golf & tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or tennis club or other permitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. 3) Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4) Signs as permitted in the Zoning Ordinance of Collier County. 5) Maintenance shops and equipment storage. -- -- ~'~xe'°~rr°a~ DEC O 2 2003 Words in bold are additions; words struck t.~,r.vug~ are deletions. 8-2 6) Non-Commercial Plant Nursery. 8.03 PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. All construction shall be in accordance with the approved plans and specifications. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the set-back area shall be landscaped and maintained to act as a buffer zone. 3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare and other interference. 4) A site plan shall be provided showing pertinent structure locations and landscaping. 8.04 MAXIMUM HEIGHT Thirty-five (35) feet above the finished grade of the lot within 150 feet of any district restricted to thirty (30) feet or less in height, and forty-five (45) feet elsewhere within the district. 8.05 MINIMUM OFF-STREET PARKING As required by the Zoning Ordinance of Collier County. 8.06 OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. DEC 0 2 2003 Words in bold are additions; words struck t.~c,t:g~ are deletions. 9 -1 SECTION IX COMMUNITY AND AREA COMMERCIAL 9.01 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "C" Site Plan, as Community Commercial and Area Commercial. 9.02 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) Antique shops Appliance stores Art studios Art supply shops Automobile parts store Automobile service stations without repairs in accordance with the applicable zoning regulations. Awning shops Bakery shops Banks and financial institutions Barber and beauty shops Bath supply stores Bicycle sales and services Blueprint shops Bookbinders Book stores Business machine service Car wash Carpet sales - not including storage or installation Child care center subject to site plan approval Churches and other places of worship subject to site plan approval Clothing stores Cocktail lounges Commercial recreation uses Commercial schools Confectionery and candy stores Delicatessens Words in bold are additions; words struck tS, r,~:g,u. are deletions. DEC 0 2 2003 9 -2 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) 59) 60) 61) 62) 63) 64) 65) 66) 67) 68) 69) 70) 71) Department Stores Drug stores Dry cleaning shops Dry goods stores Electrical supply stores Florist shops Fraternal and social clubs, alcoholic beverages subject to provision of the Zoning Ordinance. Funeral Home Furniture stores Furrier shops Garden supply stores - outside display in rear General offices Gift shops Glass and mirror sales - not including installation Gourmet shop Hardware stores hat cleaning & blocking Health food stores Hobby supply stores Hospitals Hotels Ice cream stores Interior decorating showrooms and offices Jewelry stores Laboratories - film, research and testing Laundries, self-service only Leather goods Legitimate theaters Liquor stores Locksmith Market, food Market, meat Medical clinics Millinery Shops Motels Motion picture theaters not including drive-ins Museums Music stores New care dealerships - outside display permitted News stores Office supply stores Paint and wallpaper stores Pet shops Pet supply shops Photographic equipment stores Words in bold are additions; words gtr~:ck t.~,ug~ are deletions. AGENDA IT~J~I ~ DEC 0 2 2003 9 -3 72) 73) 74) 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) 86) 87) 88) 89) 90) 91) 92) 93) 94) 95) 96) 97) 98) 99) 100) 101) 102) lO3) lO4) Pottery stores Printing, publishing and mimeograph service Private club, alcoholic beverages subject to the provisions of the Zoning Ordinance Professional offices Radio and television sales and service Research and design labs Residential dwelling units in accordance with Section 7.04 and requiring Site Plan approval, provided that the total number of dwelling units within the PELICAN BAY project area does not exceed 8600 dwelling units. Rest homes and Sanatoriums Restaurants, not including drive-ins Shoe repair Shoe stores Shopping centers Souvenir stores Stationery stores Supermarkets Tailor shops Taxidermists Tile sales - ceramic tile Tobacco Shops Toy shops Tropical fish stores Variety stores Vehicle rental - automobiles only Veterinarian offices and clinics - no outside kenneling Watch and precision instrument repair shops Drapery shops Upholstery shops Bait and tackle shops Fire stations Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. Water management facilities. Parks, playgrounds, playfields and commonly owned open space. Government administration facilities such as a fire station, library, sheriffs substation, branch courthouse offices, auditorium, etc. Words in bold are additions; words arrack tkrc. ag~ are deletions. AOENDA ITEI~ DEC 0 2 9 -4 Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted by the Zoning Ordinance. 9.03 MINIMUM LOT AREA None 9.04 MINIMUM LOT WIDTH None 9.05 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of fifty (50) feet plus one (1) foot for each two (2) feet of building height above fifty (50) feet from all parcel boundaries except that buildings shall be permitted over-water in the lake areas, subject to Site Plan approval in accordance with Section 2.05. 9.06 BUILDING SEPARATION All buildings shall be separated fifty (50) feet or y2 the sum of their heights whichever is greater except that in the case of clustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.05. 9.07 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE mo 1000 square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. Bo The minimum living area of any hotel or motel unit permitted under Section 10.02 A. (47) and (61) shall be three hundred (300) square feet. There shall be no maximum square footage. 9.08 MAXIMUM HEIGHT One hundred (100) feet. Words in bold are additions; words struck tP~rm:g~ are deletions. DEC 0 2 200:t 9 -5 9.09 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS. As required by the Zoning Ordinance of Collier County. 9.10 MINIMUM LANDSCAPING As required by the Zoning Ordinance of Collier County. Also, a landscape buffer area along West Boulevard in accordance with Section 8.37 of the Zoning Ordinance will be required in order to buffer the visual impacts of the retail shopping center in the Area Commercial district. 9.11 LIMITATION ON SIGNS As permitted by the Zoning Ordinance of Collier County. Also, appropriate directional signage as permitted in the Zoning Ordinance directing traffic out of the retail shopping center in the Area Commercial District will be installed. 9.12 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited unless screened from view to a height of six (6) feet above ground level. 9.13 SITE PLAN APPROVAL Site plan approval in accordance with Section 10.5 of the Zoning Ordinance of Collier County is required for all buildings and structures. A copy of any written request for site plan approval submitted to Director in accordance with Section 10.5 shall be provided by Westinghouse Communities of Naples, Inc. to the Pelican Bay Property Owners Association, Inc. 9.14 MAXIMUM COMMERCIAL SQUARE FOOTAGE There shall be a total authorized maximum of 1,095,000 square feet of commercial gross building area, consisting of a maximum of 4-3-5x000 560,945 square feet of gross building area for retail space and a maximum of 945;000 534,055 square feet of gross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. A maximum of 640r400 810,743 square feet of commercial building area (containing a maximum of 285,000 419,343 square feet of retail and 391,400 square feet of office) shall be constructed in the Area (South) Commercial District. A maximum of 454;600 284,257 square feet of commercial gross building area (consisting of.~..ac~A.,......'<cm 142,655 square feet of office 141,602 square feet of retail) shall be constructed in the Communil Commercial District. Words in bold are additions; words struck thrcug~ are deletions. 2003 9 -6 9.15 ADDITIONAL STIPULATIONS FOR COMMUNITY COMMERCIAL Additional stipulations in regard to the Community Commercial parcel contained in Exhibit "N". are Words in bold are additions; words gtr'~:ck iF, rough are deletions. DEC 0 2 200:3 ,,,. /of,, 10-1 SECTION X CONSERVATION AREA 10.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Conservation Area. 10.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected altered, or land or water used, in whole or in part, for other than the following: A. Principal Uses Requiring Site Plan Approval: 1. Nature trails including boardwalks. 2. Boat Trails. 3. Boat docks (non-commercial boat permanent docking). launch facilities only - no Words in bold are additions; words ....... '~' ..... ~' are deletions. 2. Signs as permitted in the Zoning Ordinance. 4. Paths and bridges to provide access from the uplands to the beach for pedestrians and minor maintenance equipment. 5. Beach sun shelters. 6. A marine research laboratory. 7. Recreational clubs and other activities for recreation, conservation, and preservation when approved by the Director. 8. Water Management Facilities. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the uses permitted in this district. 10-2 10.03 CONSERVATION AREA OWNERSHIP AND MAINTENANCE Ao Approximately 36 acres of the Conservation Area lying south of Clam Pass and west of Outer Clam Bay shall be conveyed to Collier County for public beach use and maintenance in accordance with Section 2.03. The Pelican Bay Improvement District, a non-profit property owner's association or other entity will be granted the authority and responsibility for enforcing the applicable covenants, in accordance with Section 2.03 governing the approximately 129 acres of beachfront and other uplands, 277 acres of water area, and 129 acres of wetlands. This entity will be responsible for planning, control, supervision and maintenance of this area. Words in bold are additions; words struck tSrough are deletions. DEC 0 2 2003 n., 11-1 SECTION XI UTILITY AREA 11.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Utility Area. 11.02 PERMITTED USES AND STRUCTURES No Building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Potable water treatment and distribution facilities. 2. Sanitary waste water collection treatment and disposal facilities. 3. Utility services equipment, storage and maintenance. 4. Utility services offices. 5. Lawn or golf course maintenance shops and equipment storage. 6. Any other use associated with maintenance or utility services when approved by the Director. 7. Water management facilities. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted in the zoning ordinance. 11.03 MINIMUM YARD REQUIREMENTS None Words in bold are additions; words ....... ~- ..... ~ are deletions. DEC 0 2 2003. 11 -2 11.04 MAXIMUM HEIGHT None 11.05 MINIMUM FLOOR AREA None Words in bold are additions; words sir'ack tSroug~ are deletions. DEC 0 2 2003 12-1 SECTION XII DEVELOPMENT COMMITMENTS 12.01 ENVIRONMENTAL AND NATURAL RESOURCES A. Air Quality The applicant for a construction permit for the construction of any facility that qualifies for complex air source permits under Chapter 17-2 Florida Administrative Code, shall obtain all necessary complex air source permits prior to the issuance by Collier County of construction permits for such a facility. B. Natural Resources Prior to filling the approximately 98 acres of wetlands, located in the northwest section of Group 4 properties, the applicant shall: Convey approximately 36 acres (containing approximately 3A of a mile of beachfront) to Collier County, Florida, for a public beach; and set aside by filing covenants, approximately 530 acres (containing approximately 1-1/4 miles of beachfront restricting in perpetuity this property for recreation, conservation and preservation purposes; and Obtain all necessary permits from county, state and federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17-3, Florida Administrative Code. Further, Collier County and the South Florida Water Management District (SFWMD) shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest; and, Preserve the existing red mangrove fringe around all significant water bodies; and, do Words in bold are additions; words Stake the precise interface of the red manerow to commencement of construction activitieS; a~[d] struck t~.rc, ugh ~e deletions. DEC 0 2 2003 //I 12-2 Co e. Limit the filling activities to approximately 98 acres; and, Covenant the Conservation area for preservation, conservation and limited recreational uses; and, go Insure that filling activities shall not take place in significant stands of red mangroves and shall not eliminate significant existing tidal creeks; and, ho Insure that no alteration or filling shall be conducted below the two foot contour in this area before all approvals for such construction are received. o The provisions of Section 2.03, GULF-FRONT LAND, are a part of this section. Water Resources 1) Potable water supply Prior to the issuance of any construction permits by Collier County, the Pelican Bay Improvement District (PBID) shall demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the Floridan Aquifer, in this area, has sufficient capacity to meet the water supply requirements of the proposed project's ultimate propulation, and that this water withdrawal and reject water disposal will not adversely impact areawide water quanity or quality. Reject water from the reverse osmosis process shall not enter the upland surface water storage areas. Words in bold are additions; words struck t~rc,'dg~ are deletions. DEC 0 2 2003 //2 12-3 o Non-Potable Water Supply ao Prior to the issuance of construction permits by Collier County, the applicant or Pelican Bay Improvement District shall satisfactorily demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the proposed project's water withdrawal for golf course irrigation will not subject shallow aquifer resources to salt-water intrusion and will not adversely impact areawide water quantity or quality. bo Co During the wet season, June 1 to October 31, irrigation shall be permitted by withdrawal of water from lakes to a minimum level to be established by the Water Management Advisory Board. When the Coastal Ridge Aquifer is no longer over-stressed, the applicant shall be allowed to apply for a well permit for year round use of water from the shallow aquifer. The condition of the shallow aquifer shall be determined by the Big Cypress Basin Board, the South Florida Water Management District and the Water Management Advisory Board. Existing permitted wells within PELICAN BAY shall be excluded from the provisions of 13.1.C.2.(a), (b) and (c) above. Words in bold are additions; words str'acl~ t,~.rc..ag~ are deletions. DEC 0 2 2003 //3 12-4 Do Drainage Considerations 1) Upland Areas Prior to the preparation of the final plans, the Water Management Plan prepared by the Pelican Bay Improvement District shall be submitted to and approved by the Water Management Advisory Board. The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to th~ Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of construction permits by Collier County. bo Until such time as the tidal average 100-year flood elevations are established by HUD, the minimum building floor elevation shall be 10 feet above mean sea level. 2. Northwest Fill Area The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of any permits by Collier County. Further, the county and the South Florida Water Management District shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest. Words in bold are additions; words gtn:ck tP~rc, ug~ are deletions. DEC 0 2 2003 /Iq 12-5 12.02 12.03 PUBLIC FACILITIES A. Sewage Treatment Facilities The Pelican Bay Improvement District (PBID), created through a special act of the Florida Legislature in 1974, shall provide sewage treatment facilities for the proposed project. The Pelican Bay Improvement District shall provide necessary detailed plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulations (DER) for approval prior to the issuance of permits. B. Water Treatment Facilities Water treatment facilities shall be proved by the Pelican Bay Improvement District (PBID). The Pelican Bay Improvement District shall provide necessary detailed plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation for approval prior to the issuance of permits. TRANSPORTATION A. Internal The internal roadway system of the proposed project, including signals and other intersection improvements shall be constructed by the applicant as indicated on Exhibits "J" and "K". Phasing and/or bonding for the ultimate improvements shall be done in accordance with the Subdivision Regulations. B. External The applicant shall improve Seagate Drive from its current two-lane design to a four-laned roadway between U.S. 41 and the most westerly constructed intersection of the PELICAN BAY street with Seagate Drive. The responsibility of the applicant for four-laning Seagate Drive shall continue until the release of the last existing internal improvement bond for the project. The applicant shall also pay his proportionate share of the costs for the necessary intersection improvements and signalizations along Vanderbilt Beach Road, Seagate Drive and U.S. 41, in accordance with the Subdivision Regulations. Words in bold are additions; words str'.:ck tP, rc,',:gh are deletions. DEC 0 2 2003 Iio 12-6 Do Eo Fo Additional Right-of-Way Seventeen and one-half (17 V2) feet of additional right-of-way for Seagate Drive and Vanderbilt Beach Road shall be set aside within Pelican Bay. This right-of-way will be included in the buffer strip until such time as .it is required for roadway expansion. At that time, the applicant shall dedicate the additional right-of-way. Golf Cart/Road "E" Intersection A grade separation shall be provided to separate the golf cart traffic from vehicular traffic where they conflict at Roadway "E". Access to Surrounding Roads Access to the surrounding major roads shall be limited to those access points shown on Exhibit "J" except as otherwise approved by the Coastal Area Planning Commission. Connections to Seagate Rights-of-way for the extension of West Boulevard and Crayton Road into Pelican Bay shall be dedicated as part of platting. However, the construction of the Crayton Road connection shall not be authorized until a public hearing is held with due public notice to receive input from surrounding property owners. Landscaped Buffer Strip A landscaped buffer strip, a minimum of 100 feet in depth, shall be designated along the residential areas adjacent U.S. 41, Seagate Drive and Vanderbilt Beach Road. Words in bold are additions; words sir'ack th. rough are deletions. DEC 0 2 2003. [ ! Pg. 12-7 12.04 PUBLIC SERVICES A. Education Forty-five acres located in the vicinity of the community commerCial parcel near Vanderbilt Beach Road and U.S. 41 will be offered to the Collier County School Board for use as a 25 acre middle school site and a 20 acre elementary school site. The 45 acres will be sold to the School Board at 50% of the January 1977, appraised value plus 6% per year appreciation for each year after 1977. This offer will continue until January 1, 1990. After January 1, 1990, the applicant shall be permitted to develop as residential areas all parts of the 45 acres not purchased by the School Board. B. Government Administ/ation Site/Community Park Site To the extent not previously dedicated and conveyed, approximately twenty (20) acres located in the vicinity of the Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated and conveyed to Collier County immediately upon the completion of the community park improvements described below. The major portion of this area is intended to serve as a community park with the minor portion to be used for such things as fire station, library, sheriff's substation, branch courthouse offices, auditorium, etc. Non-administrative uses such as open storage equipment yards and other non-compatible government functions shall not be permitted within this site. The applicant shall be given the opportunity to review the architectural plans for any facilities planned for this area prior to their construction. Within the community park, the developer will, at its expense, provide the following improvements: Words in bold are additions; words struck tP, raugh are deletions. Eight (8) Har-Tru or hard-surface (as the County shall elect) regulation tennis courts (unlighted). One (1) regulation combination soccer/softball field (unlighted). One (1) regulation basketball court (unlighted). One (1) regulation volley ball court (unlighted). Four (4) regulation racquetball courts (unlighted). One (1) community park-sized shelter containing one (1) male restroom and one. (1) female restroom. Parking lots at County-approved access points within the park that contain approximately 57 parking spaces, which meet state and county standards for handicapped and other requirements (unlighted n~A ~x~D DEC O 2 2003 //? 12-8 12.05 For purposes of this section use of the words "as existing", "lighted" and "unlighted" is for the sole purpose of describing the capital improvement obligation of the Westinghouse Communities of Naples, Inc., and is not to be construed as a limitation on improvements for each of the capital improvements described above. The community park improvements shall be completed by June 30, 1994, unless completion is delayed because of circumstance beyond applicant's reasonable control, in which event, the community park improvements shall be completed as soon as reasonably possible thereafter. C. Fire Protection 1) To Assure Adequate Fire Flow: The applicant shall provide for the strategic placement of fire hydrants as required by the Collier County Subdivision Regulations. Automatic sprinkler systems, water pumps, storage and pressure tanks shall be provided as required by county and state laws. 2) To Assure Adequate Fire Protection Services: A site for a fire station is included within the Governmental Facilities area identified in 13.4.B above. RECREATION AEAS A. Neighborhood Parks As more particularly described below, land for neighborhood parks, together with certain neighborhood park facilities will be dedicated and conveyed to the Pelican Bay of Naples Foundation, Inc. as neighborhood parks for exclusive use by the residents of Pelican Bay on or before June 30, 1994. The applicant shall install and construct, at its expense, certain improvements within the neighborhood parks. The location and size of the neighborhood parks and description of the existing improvements and the improvements to be constructed within such parks are listed below: Words in bold are additions; words str~:ck t.~.r.~ug~ are deletions. DEC . 0 fig,2 2003 12-9 o o The Commons (9.56 acres): Administration building (as existing). Eight (8) Har-Tm tennis courts (as existing). Two (2) hard-surface tennis courts (as existing). Tram turnaround (as existing). Tennis building/shelters (as existing). Parking for 195 cars (as existing). One (1) tot lot (as existing). Two (2) regulation horseshoe pits (unlighted). Two (2) regulation shuffle board courts (unlighted). South Beach Facility and Boardwalk (3.43 acres): Two (2) restaurants (as existing). Pavilion (as existing). Parking for 130 cars (as existing). Two (2) Tram shelters (as existing). Ridgewood Park (3.73 acres): Exercise trail (as existing). Picnic facilities (unlighted). One (1) tot lot (unlighted). Parking for six (6) cars (unlighted). Oakmont Park (9.62 acres): Exercise/nature trail (as existing). Tot lot (as existing). North Station Park (4.7 acres): Tram storage/shelter building (18'x 34'). Parking for 50 cars (unlighted). Hammock Oak Park (7.97 acres): Eight (8) Har-Tm regulation tennis courts (lighted). Two (2) regulation horseshoe pits (lighted). Two (2) regulation shuffle board courts (lighted). Tennis building with office and storage space and one (1) male restroom and one (1) female restroom (approximately 20'x 30'). Parking for 24 cars (lighted). Words in bold are additions; words strt:ck t.n~ough are deletions. DEC 0 2 2003 12- 10 Co Do For purposes of this section use of the words "as existing", "lighted" and "unlighted" is for the sole purpose of describing the capital improvement obligation of the Westinghouse Communities of Naples, Inc., and is not to be construed as a limitation on improvements for each of the capital improvements described above. The neighborhood park improvements shall be completed not later than June 30, 1994, unless such completion is delayed because of circumstance beyond applicant's reasonable control, in which event, the neighborhood park improvements shall be completed as soon as reasonably possible thereafter. To the extent not previously dedicated and conveyed, the lands for the neighborhood parks shall be dedicated and conveyed to the Pelican Bay of Naples Foundation, Inc. immediately upon completion of the neighborhood park improvements. Community Parks Twenty (20) acres as described in Section 13.4.B. above is available for use as a Community Park. This property is located adjacent to the school sites so that maximum utilization can be achieved. Gulf-front Land Thirty six (36) acres of Gulf-front land plus two (2) acres for upland parking shall be made available as described in Section 2.03 for public ownership. Beach Access Approximately five (5) acres located at the northwest comer of Pelican Bay adjacent to Vanderbilt Beach Road and the Gulf of Mexico shall be developed into approximately 120 parking spaces and then conveyed to Collier County after obtaining necessary permits. Words in bold are additions; words struck th. rough are deletions. DEC 0 2 2003 Pg. /~;,~ 0 September 22, 1976 blr. Grover Erickson Coral Ridge-Collier Properties, Inc. Post Office Bo~ 2722 Naples, Florida 33940 Dear Mr. Erickson: You have requested an opinio'b'as to whether Coral Ridge- Collier Properties, Inc., has legal authority, ownership and control to apply for a zoning change in the form of a proposed planned unit development classification in Collier County, Florida, as to that portion.of land delineated and described in the zoning application. Coral Ridge-Collier Properties, Inc., does have such legal authority, ownership.and control. Coral Ridge-Collier Properties, Inc., duly authorized under Florida law and earlier known and incorporated as 48-49-25 Land Corporation, is party to that certain "Land Option Agreement" of May 10, 1972, pursuant to which, as of this date: Coral Ridge-Collier Properties, Inc., did in fact exercise its first option as optionee under the agreement and does now own those approximately $00 acres which constitute the land in option tract number 1 as set forth in ~he provisions of the contract; and Coral Ridge-Collier Proeerties, Inc., holds an irrevocably granted :xclusive option to those approximately 1 ~; acres which consti- tute land described in the remaining option tracts which are set forth in the provisions of the contract. EXHtBIT AG~qOA 1~ DEC O Z 2003 ~lr. Grover Erickson Page Two September 22, 1976 Coral Ridge-Collier Properties, Inc., pursuant to para~raFh 18 of the said Land Option Agreement, has and enjoys the pledged support of the optionors in procuring necessary zoning for the contemplated development of the lands c~vered by the agreement. Under Florida law, an exclusive optionee with the pledged support of the optionor, may proceed within the legal para- meters of the option agreement to apply for zoning changes affecting the optioned land. Since the optionors and Coral 'Ridge-Collier Properties, Inc., have already cooperated significantly in terms of both time and money, the optionors would be subject to the doctrine of equitable estoppel were the,' to challenge the zoning application on the basis of authority, control and ownership in the option~e. ~ioreover, the State of Florida, by deeds, deed confirmations and disclaimers, all documents duly executed and recorded, has divested itself of an)' interest in or to those bottom lands, such as swamp and overflowed lands, which are situate in the property described in the planned unit development application. The State would be estopped from maintaining an)' claim thereto or any other action based upon such a claim, whether in regard to ~he zoning application or an)' other transaction or application. Therefore, Coral RidgeCCollier Properties, Inc., does have and hold such ownership and control over the property as to consti- tute legal authority to apply for the needed zoning changes for the proposed planned unit development in Collier County. If you have any questions, please contact me. In the meantime, with best wishes and warm regards, I remain KvA: j s the Firm EXMIBIT "A" DEC 0 2 2003 .f VICINITy MAP EXHIBIT DEC 0 2 2003 GULF OF MEXICO N PELICAN BAY - - - SITE PLAN DEC 0 2 2003 PELICAN BAY BOUNDARY MAP DEC 0 2 ~00~ TOPOGRAPHY F..XHIBII' DEC 0 2 2003, ,,,. /,,?~, i VEGETATIK~N EXHII~!T AO4ENDA ITE~ ~ DEC 0 2 2003 C~ SOILS F.. XHISIT "K" I O~C 0 2 2003 . /,~' PELICAN BAY IM;-KOVEMENT DISTRICT AcT CHAPTER . u~- ~ 0'- a ~ o~e _ ~ ~ --- --.c. c~ ~.:_ ~,~ , ~' =~.~ . = DEC 0 2 2003 'e EXHIBIT "H" ,m I. DEC 0 2 2003 .~. /.5~) F DEC 0 2 2003 AGENDA ITEld ["~ DEC 0 2 2003 . , mBmm, I MEXICO '~ COMMUNITY COMMERCIAL DISTRICT GROUP 2 RESIDENTIAL (REZONED FROM NEIGHBORHOOD COMMERCIAL) ( to CC EXHIBIT -A- Agre~ DEC 0 2 2003. (29) ?o borrov money, l':~ue bondS, certificate~r varrents~ n0tesr or other indebtedness of th? ~JstrJct, end expend funds for the acauisltJonr fin~nc.in~r co~structJon~ oper~ionr and naintenance o{ the orc~ertv, rcs1 or ~ersonal. or an~ estate thereinr eoulcnentt franchises. public or orlvater wells, ou~olno stations. ~ioelines. severs, sp~er ~ain~,-conduits .and other facilities set forth in suhsection i261 hereof outside of the boundaries o~ the district reasonably necessary for the acoulsition and suoolv I ! i0 of vater to and se~er set;ice for the district. I1 Section 2. Section $2 of chapter ~4-4&2, Lays of 12 Florida, is a=ended to read: 11 Section ~2. Any other provision of this act to the li contrary notvithstan~in9, the ~istric: shall not orov~de !~ services beyond the boundaries of the ~istrict 17 ~evet~-t~onted-to-thc-tlstrict-bI-~hi~-oct-or-~cncro!-ta- ti Bha~-be-cno~e~e~-om~de-~hc-boan~e~ie~-ef-thc-d~fJe~. It Section 3. ~his act sb&ll take eIfect upon becoming a 2 DEC 0 2 2003 .e DEC 0 2 2003 ,,~ /.~ A " A ITEI~ .... DEC 0 2 2003 ACtA ITEI~ DEC 0 2 2003 EXHIBIT "1" DEC 0 2 2003 INTERNAL ROADWAY REQUIREMENTS Itt' EXHIBIT 'J' AGENDA ITEM/") ' ' DEC 0 2 2003 pi. /3~ See SeC.l~.~),~ re Seeq~.te .... LOCATIONS EXHIBIT K ! · AGENDA DEC 0 2 2OO3 0 NO HOTE PERMIT'I'~ ,RtVE EXHIB WCN:41' DEC 0 2 2003 ,,,. Iff/ O t S E AG A'] E.. DRIVE I MAXIMUM HE FIVE (5) STOl ABOVE ONE FLOOR OF PARKING EXHIBIT "i'~ WCN:4/18189 AGENDA ITEM/~..~ DEC 0 2 2003 ~GREEMEN~ I, Byron R. Koste and/or Charles Turner, as owner or authorized agent for Petition PDA-89-7, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on May 18, 1989. These stipulations are applicable to the Community Commercial Parcel and the middle parcel to be rezoned to Group 2 residential, as depicted onExhibit "A" attached hereto. Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at the time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. EXHIBIT "N" A~NDA]~ DEC O 2 2003 de All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. In accordance with policy 6.5.1 of the Growth Management Plan the petitioner shall utilize ,,xeriscape" principles to landscape the Group 2 residential areas on the north and south sides of Gulf Park Drive and in the Community Commercial District situated in the northeast corner of Pelican Bay. Petitioner shall conduct a gopher tortoise survey in accordance with the criteria established by the Florida Game and Freshwater Fish Commission (FGFWFC) on the Community Commercial and Neighborhood Commercial Districts. Petitioner shall comply with Policy 7.3.5 of the Conservation Element of the Grcwth Management Act and the regulations of the FGFWFC concerning the relocation and protection of any gopher tortoises found on the sites. Petitioner shall, to the maximum extent practical, avoid removal of xeric oak habitat in the following areas: a) perimeter of lakes; b) parcel boundaries; c) rights of way; d) parking lot islands; and e) other areas where the removal of existing xeric oak habitat is not necessary. Petitioner shall try, where feasible, to keep these undisturbed xeric oak habitat parcels as a contiguous area. The exact size and location of these protected xeric oak habitat areas shall be agreed to between the petitioner, the contract owner of the commercial parcels, and the environmental staff of Collier County prior to approval of any SDP in the Community Commercial District- The protected areas shall then be surveyed and designated on all site plans. Protective barriers shall be erected around the perimeter of the undisturbed xeric oak habitat areas during construction to prevent, disturbance of the xeric oak habitats. 2 DEC 0 2 2003 he Petitioner shall incorporate the remaining xeric oak habitat into the "xeriscape" landscaping plan. This shall call for transplanting the scrub oak trees from areas to be developed to suitable areas within the Community Commercial District. If feasible, petitioner shall also transplant the existing rosemary and other shrubs from the proposed development areas to the same suitable areas. Petitioner shall establish deed restrictions for the Community Commercial District that will protect the xeric oak habitat areas that are to be protected and the oak trees, and any xeric shrubs that can be transplanted, that are to be transplanted and incorporated into the landscaping plan. Storm water run-off shall be directed away from the scrub oak habitat. Petitioner shall conduct Phase II test excavation on archaeological site 8CR687 in coordination with the Florida Division of Historical Resources, as noted in the Cultural Resource Assessment Survey of the Pelican Bay development site written by Piper Archaeological Research, Inc., dated February, 1989. A determination of significance shall be maOe during the Phase II test excavation. The site shall be professionally mitigated and significant archaeological information shall be retrieved and donated to a permanent curatorial facility or museum in Collier County. Petitioner shall report to the Florida Division of Historical Resources upon completion of the Phase II test excavation and copy County Staff. No development activity shall occur on site until receipt of written approval from the Division. The report generated by the excavations shall be reviewed and approved by the Florida Division of Historical Resources. A copy of the report shall be forwarded to County Staff. Remove amended language of Section 13.3 Paragraph F of PUD document. Prohibiting the connection of Crayton Road is a violation of the Collier County Subdivision Regulations Ordinance 76-6, Article XI, Section 17, Paragraphs C and H. The language shall be amended as provided in item r. of this Agreement Sheet. DEC 0 2 20 3 Petitioner shall provide evidence that master drainage system has the capacity to handle the proposed changes in land use. At the time of site development, petitioner shall submit a revised water management plan and calculations demonstrating that the master system is adequate. Adequacy of sewage treatment, disposal capacity, water supply and fire flow capacity must be documented at the time of building permit approval development. site development and/or to service the proposed Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 1_~. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. m. Platting is required in accordance with Collier County Subdivision Regulations; if any lots, tracts, or parcels are to be sold. The Florida Department of Transportation cannot support the commercial connection shown to U.S. 41 just south of Vanderbilt Beach Road.; approvals of access points, ~ even conceptually, can only be given following site plan review. o. -Amend Exhibit C Master Plan to delete the access point for the proposed Group 2 parcel - shown as approved by CAPC on 11-1-84. p. -Amend Section 12.03 Transportation F. connections to Seagate shall be amended to read: However, the construction of the Crayton Road connection shall not be authorized until a public hearing is held with due public notice to receive input from surrounding property owners. 4 A~iENDA I'rE.~ DEC 0 2 2003 REPRESENTATIVE FOR CCPC OF SWORN TO AND SUBSCRIBED BEFORE ME THIS 25th May , 1989 · NO-~ARY - '~ '~ DAY SEAL MY E~PIRES: COMMISSION PDA-89-7 AGREEMENT SHEET md 5 AGENDA I~ ~ DEC 0 2 2003 .,. /,-./7' GULf O~r MEXICO CLAM PASS OUTER CLAM BAY PELICAN BAY .... SITE PLAN COMMUNITY COMMERCIAL DISTRICT EGROUP 2 RESIDENTIAL (REZONED FROM NEIGHBORHOOD COMMERCIAL) AGENOA DEC 0 ~ 2003. ~,. leg., (to EXECUTIVE SUMMARY PETITION: DOA-03-AR-4777, C. LAURENCE KEESEY, OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A. REPRESENTING WATERSIDE SHOPS AT PELICAN BAY TRUST AND WCI COMMUNITIES, INC, REQUESTING AN AMENDMENT TO THE PELICAN BAY DEVELOPMENT OF REGIONAL IMPACT (DRI), TO RELOCATE 170,343 SQUARE FEET OF APPROVED, BUT NOT YET CONSTRUCTED AND UNCOMMITTED COMMERCIAL USE FROM THE NORTH COMMERCIAL AREA TO THE SOIJTH COMMERCIAL AREA, REDUCE THE APPROVED MAXIMUM NUMBER RESIDENTIAL DWELLINGS BY 800 UNITS TO A NEW MAXIMUM OF 7,800 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL (US-41) AND SEAGATE DRIVE IN SECTIONS 32 AND 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTIONS 4, 5, 8, AND 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUDZ-03-AR-4008 OBJECTIVE: This petition seeks to amend the Pelican Bay Development of Regional Impact (DRI) Development Order in order to allow the reallocation of 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. This relocated use will increase the approved uses by 134,343 square feet of retail and 36,000 square feet of office space within the South Commercial Area. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. CONSIDERATIONS: The Pelican Bay PUD/DRI is a mixed-use planned community that was originally approved by the Board of County Commissioners in 1977 (DO-77-1; PUD Ordinance #77-18). The PUD Document has been amended many times in the past for minor or "fine tuning" changes to the development standards, the Pelican Bay DRI Development Order. Other changes included amendments to the Development Order and are as follows: In 1987, the DRI DO was amended to allow the location of an "attraction/recreation" use, which is now the Naples' Philharmonic Center for the Performing Arts. A substantial deviation to the project was approved in 1989 (DO- 89-77A; PUD Ordinance/t89-35). This change was approved to increase the amount of commercial use and to reduce the maximum number of residential units by 1000 units resulting in a total of 8,600 residential dwelling units and a total of 1,095,000 square feet of commercial uses, including 454,600 square feet in the North Commercial Area and 640,400 square feet in the South Commercial Area. DOA-03-AR-4777, Pelican Bay DRI 1 DEC 0 2 2003 Although the South Commercial Area is presently developed with nearly its maximum floor area allowed by the Pelican Bay DRI Development Order, the developer (WCI Communities, Inc.) owns the remaining uncommitted, un-built development rights within the North Commercial Area totaling 170,343 square feet and up to 1,625 residential dwelling units. Due to changing market conditions, the Waterside Shops commercial center located in the South Commercial Area needs additional space to expand in order to attract new tenants that require the additional floor area. GROWTH MANAGEMENT IMPACT: The subject property is designated "Urban/Mixed Use" on the countywide Future Land Use Map, and is currently zoned PUD and is also an approved DRI. This Sub-district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and is intended to accommodate a variety of residential and non-residential uses, including commercial retail uses. The Density Rating System indicates that this project is within a Traffic Congestion Area resulting in a reduction of 1 dwelling unit per acre from the base density. Therefore, the density of 3.89 dwelling units per acre is deemed not consistent with the FLUE. However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties consistent by Policy as noted above. Some of the commercial portions of this PUD do not comply with criteria in the FLUE and therefore are not consistent with the Future Land Use Designation Description Section. However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the GMP and designated on the Future Land Use Map series as properties consistent by Policy. The proposed shifting of the commercial square footage within the Activity Center boundaries is consistent with the FLUE. FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market demand for commercial floor space in the Pelican Bay PUD. Comparisons of the approved development versus the proposed land uses for this petition are as foll6ws: TOTAL ACRES: LAST REVISED DEV. ORDER NOPC AMOUNT OF INCREASE OR DECREASE SOUTH RETAIL: SOUTH OFFICE: NORTH RETAIL: NORTH OFFICE: RESIDENTIAL UNITS: 2,104-Acres 2,104-Acres 0 285,000 S.F. 419,343 S.F. +134,343 S.F. 355,400 S.F. 391,400 S.F. +36,000 S.F. 150,000 S.F. 141,602 S.F. -8,398 S.F. 304,600 S.F. 142,655 S.F. -161,945 S.F. 8,600 7,800 -800 UNITS Based on the above referenced changes, this amendment by and of itself'will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. DOA-03-AR-4777, Pelican Bay DRI 2 AG~DI:)A I'I'~EM DEC 0 2 2003 In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because no EIS was required, this petition was not required to go to the EAC. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The Pelican Bay Notice of proposed change (NOPC) was submitted to the Regional staff on April 10, 2003 and submitted copies with the required PUD Amendment application to Collier County. The Development Order amendment provides for a development strategy that permits the reallocation of 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. On May 15, 2003, the Southwest Florida Regional Planning Council (SWFRPC) heard the Notice of a Proposed Change to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Regional Planning Council adopted the staff assessment for the Pelican Bay NOPC with changes. The changes were to recommendation #1 as noted below: Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant of the SWFRPC's finding that the changes will not trigger a substantial deviation. This finding does not constitute a recommendation for approval of the project as proposed. Council concerns regarding the transfer of commercial uses at the northern portion of the project to the south portion and the impacts to the US-41 and Pine Ridge Road intersection should be addressed by the applicant and Collier County. RPC Staff participation at the local public hearing may be necessary if requested by the County for technical assistance. Request Collier County provide a copy of the proposed Development Order and any related materials to the Southwest Florida Regional Planning Council to assure that the Development Order is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPC) for the Pelican Bay Development of Regional Impact (DRI). The purpose of this petition is to amend the Pelican Bay PUD/DRI as noted above. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the proposed changes are not presumed to create a substantial deviation from the approved DO. This petition will not create additional regional im pursuant to Section 380.06(19)(f) 4., F.S., the Department has not objected to this NO[ DOA-03-ARo4777, Pelican Bay DRI 3 DEC.O 2 2003 COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: Due to the continuance of this petition from the November 6, 2003 meeting to the November 20th meeting, this petition had to be rescheduled to the December 2, 2003 BCC agenda in order to allow the applicant to meet required advertising timelines. As a result, the recommendations and findings from the November 20, 2003 Collier County Planning Commission (CCPC) could not be incorporated into this executive summary. The CCPC recommendations will be presented verbally to the BCC during their public hearing on this item. Therefore, this petition could not be placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition DOA-03-AR-4777 as otherwise described by the amending DRI Development Order resolution included in this Executive Summary. DOA-03-AR-4777, Pelican Bay DRI PREPARED BY: RAY~DND BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED B~ J~HPH K.~~S H~MITT, ADMINISTRATOR /OMMUNITY DEV. AND ENVIRONMENTAL SVCS. DOA-03-AR-4777, Pelican Bay DRI DEC 0 2 2003 FROM: DATE: RE: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 31, 2003 PETITION NO: DOA-03-AR-4777, PELICAN BAY DRI COMPANION ITEM: PUDA-03-AR-4008 AGENT/APPLICANT: Agent: C. Laurence Keesey Young, van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34104 Owner: W.C.I. Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134 Waterside Shops at Pelican Bay Trust 5415 Tamiami Trail North Naples, FL 34108 REOUESTED ACTION: This petition seeks to amend the Pelican Bay Development of Regional Impact (DRI) Development Order in order to allow the reallocation of 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be convened to and utilized for additional retail use within the Waterside Shops. This relocated use will increase the approved uses by 134,343 square feet of retail and 36,000 square feet of office space within the South Commercial Area. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. GEOGRAPHIC LOCATION. The Pelican Bay PUD is located in the northwest quadrant of the intersection of Tamiami Trail CUS-41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Town-bin aO South, Range 25 East Collier County, Florida. (See illustration l on following pageJ DOA-03-AR-4777, Pelican Bay DRI I / DEC 0 2 2003 ~~ j:~ DEC 2 0 2003 PURPOSE/DESCRIPTION OF PROJECT: The Pelican Bay PUD/DRI is a mixed-use planned community that was originally approved by the Board of County Commissioners in 1977 (DO-77-1; PUD Ordinance #77-18). The PUD Document has been amended many times in the past for minor or "fine tuning" changes to the development standards while the Pelican Bay DRI Development Order has been amended twice since 1977. These changes include an amendment in 1987 to allow the location of an "attraction/recreation" use, which is now the Naples' Philharmonic Center for the Performing Arts. A substantial deviation to the project was also approved in 1989 (DO- 89-77A; PUD Ordinance #89-35). This change was approved to increase the amount of commercial use and to reduce the maximum number of residential units by 1000 units resulting in a total of 8,600 residential dwelling units and a total of 1,095,000 square feet of commercial uses, including 454,600 square feet in the North Commercial Area and 640,400 square feet in the South Commercial Area. Although the South Commercial Area is presently developed with nearly its maximum floor area allowed by the Pelican Bay DRI Development Order, the developer (WCI Communities, Inc.) owns the remaining uncommitted, un-built development rights within the North Commercial Area totaling 170,343 square feet and up to 1,625 residential dwelling units. Due to changing market conditions, the Waterside Shops commercial center located in the South Commercial Area needs additional space to expand in order to attract new tenants that require the additional floor area. The petitioner is now requesting an amendment to the Pelican Bay PUD and DRI to allow the following changes: Reallocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area. ca Reduce the approved number of residential dwelling units by 800 units a maximum of 8,600 units to a new maximum of 7,800 units. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The Pelican Bay Notice of Proposed Change (NOPC) was submitted to the Regional staff on April 10, 2003 and copies were also submitted to Collier County with the required PUD Amendment application. The Development Order amendment provides for a development strategy that permits the reallocation of 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retai ,,~' ,~ith;, the Waterside Shops. DOA-03-AR-4777, Pelican Bay DR/ DEC 0 2 2003. On May 15, 2003, the Southwest Florida Regional Planning Council (SWFRPC) heard the Notice of a Proposed Change to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Regional Planning Council adopted the staff assessment for the Pelican Bay NOPC with changes. The changes were to recommendation # 1 as noted below: Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant of the SWFRPC's finding that the changes will not trigger a substantial deviation. This finding does not constitute a recommendation for approval of the project as proposed. Council concerns regarding the transfer of commercial uses at the northern portion of the project to the south portion and the impacts to the US-41 and Pine Ridge Road intersection should be addressed by the applicant and Collier County. RPC Staff participation at the local public hearing may be necessary if requested by the County for technical assistance. Request Collier County provide a copy of the proposed Development Order and any related materials to the Southwest Florida Regional Planning Council to assure that the Development Order is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPC) for the Pelican Bay Development of Regional Impact (DRI). The purpose of this petition is to amend the Pelican Bay PUD/DRI as noted above. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the proposed changes are not presumed to create a substantial deviation from the approved DO. This petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(0 4., F.S., the Department has not objected to this NOPC. ANALYSIS: Development approvals contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations 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 submitted as part of the NOPC. It is that information which upon review by SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. DOA-03-AR-4777, Pelican Bay DRI DEC 0 2 2003. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs has not objected to the proposed changes and indicates that the changes were of an insubstantial value. Comparisons of approved development to the proposed land uses for portions of the Pelican Bay DRI are as follows: LAST REVISED DEV. ORDER NOPC AMOUNT OF INCREASE OR DECREASE TOTAL ACRES: SOUTH RETAIL: SOUTH OFFICE: NORTH RETAIL: NORTH OFFICE: RESIDENTIAL UNITS: 2,104-Acres 2,104-Acres 0 285,000 S.F. 419,343 S.F. +134,343 S.F. 355,400 S.F. 391,400 S.F. +36,000 S.F. 150,000 S.F. 141,602 S.F. -8,398 S.F. 304,600 S.F. 142,655 S.F. -161,945 S.F. 8,600 7,800 -800 UNITS The proposed changes to the Pelican Bay PUD/DRI do not require any changes to the currently approved Master Plan. The only additional physical development resulting from this amendment will occur on the existing 28-acre Waterside Shops site. No additional land will be added to this commercial site as a result of this petition. The expansion of the commercial area is proposed to be accomplished primarily by adding a second story to the two major-tenant retail stores currently located on the site. The reduction of 800 units from the maximum total does not affect, limit or change any existing residential units or contracts the developer previously entered into which convey development rights. If this Development Order Amendment is approved, WCI will retain development rights for no more than 825 units within the Pelican Bay DRI. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition DOA-03-AR-4777 as described by the amending Pelican Bay DRI Development Order resolution included in this Staff Report. DOA-03-AR-4777, Pelican Bay DRI DEC 0 2 2003. /0 PREPARED BY: RAY B/~LOWS, CHIEF PLANNER DATE DEPAI~TMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW ,~OSEPH K. SCHMITT ADMINISTRATOR DATE 'COMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES Staff Report for the November 20, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DOA-03-AR-4777, Pelican Bay DRI DEC 0 2 2003. ,~._ Il - APPLICATION FOR PUBLIC HEARING FOR DRI AMENDMENT - DO AMENDMENT DOA-2003-AR-4777 PROJECT #2003020030 DATE: 9/25/03 RAY BELLOWS PETITION NAME: Notice of Proposed Change 0NOPC) to Development Order for Pelican Bay Development of Regional Impact COORDINATING PLANNER: Raymond Bellows DATE: September 23, 2003 1. Name of Applicant (s) ~-~ Waterside Shops at Pelican Bay Trust Applicant's Mailing Address Attn: Mr. Glen Harrell 5415 Tamiami Trail North STE 320 City Naples State FL, Zip 34108 Applicant's E-Mail Address: glen.harrell~,ingclarion.com Applicant's Telephone Number:Res: Fax#: 239 598-1773 Bus.: 239 598-1605 Is the applicant the owner of the subject property? ~ Yes [] No ~ (a) [] [] (c) 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 below. [] (d) [] (e) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. [] (0 If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. The beneficiaries (100%) of the Waterside Shops at Pelican Bay Trust is PropertF Florida SCJL W 1 Corp. (If space is inadequate, attach on separate page.) ~loint Applican~ WCI Communities Inc. DEC 0 2 2003 n. Attn: Vivien Hastings, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 TeL #239 498-8525 Fax. #239-949-0233 Name of Agent Firm Agents Mailing Address 801 Laurel Oak Dr.; Suite 300 City Napl.es State F__L_L Zip 34108 Agent's E-Mail Address: Ikeesey~yvvalaw. com Telephone Numbers: Res.: Fax: (239) 597-1060 George L. Varnadoe and C. Laurence Keesey, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. Bus. (239) 597-2814 The Pelican Bay DRIfPUD, a planned community, PUD ORDINANCE NAME AND NUMBER: was originally approved by Collier County in 1977 (D.O. 77-1; PUD ORD. #77-18) and a substantial deviation to the project was approved in 1989 (D.O. 89-77A; PUD ORD. #89-35) DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd- shaped, submit five (5) copies of the survey (1' to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DES~TION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION TOWNSHIP RANGE LEGAL DESCRIPTION Pelican Bay: All the fractional part of Section 32, lying South of Vanderbilt Beach Road; and all of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots I and 2, Section 5; aH fractional part of Section 8; and all of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the South 70 feet of the Southeast 1/4, and the South 70 feet of the East 158.25 feet of the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County, Florida. Waterside Shops: (See legal description for Waterside Shops parcel, located within South Commercia! Bay, attached as Exhibit" A".) AOi~hlDA I~ DEC 0 2 2003 .g. /5 5. Address or location of subject property General Location: Land is in Pelican Bay DRI/PUD west of U.S. 41, north of Seagate Drive and south of Vanderbilt Beach Road, bordered on the west by the Gulf of Mexico. The Waterside Shops Parcel is in the northwest quadrant of the intersection of U.S. 41 and Seagate Drive. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: ~ A. PUD Document Language Amendment [-] B. PUD Master Plan Amendment ~ C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: 10. ~!]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: HAS ANY PORTION OF THE PUD BEEN ~] SOLD and/or ~ DEVELOPED? ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? ~]Yes [--]No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). See discussion of Project History and Proposed Changes to Pelican Bay DRI below. Project History The Pelican Bay DRI/PUD, a planned community, was originally approved by Collier County in 1977 (D.O. 77-1; PUD ORD. #77-18) and a substantial deviation to the project was approved in 1989 (D.O. 89-77A; PUD ORD. #89-35). As currently approved, Pelican Bay is authorized to contain a maximum of 8,600 residential dwelling units and up to 1,095,000 gross square feet ("GSF") of commercial uses, including both retail and office. The project's construction began soon after its approval, and Pelican Bay is nearing completion. WCI Communities, Inc. ("WCI") is the developer of Pelican Bay and owns the remaining uncommitted, unbuilt development rights approved in the existing DRI Development Order and PUD Document. Since the County's initial approval of the Pelican Bay DRI/PUD in 1977, WCI has sold virtually all land within Pelican Bay to other developers or landowners, along with most of the residential and commercial development rights approved within Pelican Bay. WCI Communities, Inc. currently owns the remaining uncommitted development rights within Pelican Bay, including rights to construct 170,3z I aa,,a,~ r,~, ~r commercial use in the North Commercial Area and up to 1625 residential d~ elli'n~g~.~l~___~ DEC 0 2 2003 Waterside Shops is the owner of a 28.3 acre parcel within the South Commercial Area of Pelican Bay and is proposing to purchase the remaining 170,343 sq. ft. of commercial use allowed-within Pelican Bay's North Commercial Area and to relocate it to the South, for expansion of the Waterside Shops. Waterside Shops is the only owner of property within Pelican Bay whose land or development rights will be affected or changed by this proposed amendment to the Pelican Bay DRI Development Order (D.O. 77-1, as amended). The current Pelican Bay DRI (and PUD) approval assigns all of the commercial uses to either the North Commercial Area (approved for up to 454,600 gross square feet) or the South Commercial Area (approved to contain up to 640,400 GSF). As of the date Waterside Shops at Pelican Bay Trust ("Waterside Shops") and WCI Communities, Inc. ("WCI") t'ded their joint applications for PUD and DRI amendments, a total of 6975 residential dwelling units have been constructed, or are under contract. WCI owns development rights for the 1625 remaining uncommitted and unbuilt residential units. Within Pelican Bay's North Commercial Area, a total of 284,257 GSF of commercial space has been committed or constructed, including 142,655 GSF of office use and 141,602 GSF of retail use. This leaves a remainder of 170,343 GSF of approved, but uncommitted, commercial space that is allocated to the North Commercial Area by the Development. The South Commercial Area is currently approved to contain up to 355,400 GSF of office space and 285,000 GSF of retail use. The Waterside Shops portion of the South Commercial Area contains 255,096 GSF of retail space, and a 10,000 square foot office building, located within a 28.3 acre parcel owned by the Applicant. Proposed Chan~es The property affected by this Notice of Proposed Change to the Pelican Bay DRI Development Order is limited to the following: (a.) The parcel of land owned by the Waterside Shops at Pelican Bay Trust, coasisting of approximately 28.3 acres; and (b.) The remaining uncommitted Pelican Bay DRI development rights owned and controlled by WCI Communities, Inc., as such development rights are specified in the Pelican Bay DRI development order, and excluding any and all Pelican Bay DRI development rights which have been sold, conveyed, developed or placed under contract by WCI prior to the filing of this NOPC application. The proposed changes to Pelican Bay do not require any changes to the currently approved Master Plan, which will remain in effect without modification (see Exhibit "B'). The only construction, or additional physical development that will occur as a result of these changes will occur on the existing Waterside Shops site. The proposed changes include reduction of the number of approved residential dwelling units and a transfer of floor area for ali uncommitted commercial use from the North Commercial Area to the South Commercial Area, as described below: DEC 0 2 2003 (1.) Waterside Shops parcel (283 acres) is the only land affected by the proposed change. WCI Communities' remaining residential and commercial uncommitted development fights are the only additional "property" or development rights affected by the proposed changes. Other current Pelican Bay property owners, purchasers and owners of commercial and residential land, owners of residential units, and any other owner of development rights within the Pelican Bay DRI are not parties to, and are not affected by the assignment of WCI's development rights to Waterside Shops that is the subject of this application. (2.) A reduction in the number of WCI's remaining approved residential development rights by 800 units, from 8,600 dwelling units currently approved to a new total of 7,800 units. This reduction of 800 units does not affect, limit or change any existing residential units or any existing contracts WCI may have previously entered into which convey development rights or land. This reduction of 800 units does not affect any existing residential units in Pelican Bay, nor any iandowner's or developer's rights, (pursuant to any contract with WCI) to develop residential units within Pelican Bay, other than the reduction of WCI's development rights described above. If this NOPC is approved, WCI will retain development rights for no more than 825 residential units within Pelican Bay DRI. (3 .) A decrease of approved but uncommitted commercial use within the North Commercial Area by a total of 170,343 GSF. This amount consists of 8,398 GSF of retail use and 161,945 GSF of office space. This reduction will prevent additional commercial development within the North Commercial Area beyond the currently committed or constructed amount of 284,257 GSF of commercial use, which will become the new maximum approved amount within the North Commercial Pod. (4.) An increase of approved commercial use within the South Commercial Area of Pelican Bay by 170,343 G.S.F. The additional retail and office uses will be located within the 28.3 acres comprising the Waterside Shops portion of the South Commercial Area. The currently approved 640,400 GSF of commercial u~e in the South Commercial Area will be increased by the identical amount, 170,343 GSF, being transferred from the North Commercial Area. The increased floor area within the South Commercial Area will consist of an additional 36,000 sq. ft. of approved office use and an additional 134,343 GSF of approved retail use. The increase in retail and office commercial use within the Waterside Shops will not require any additional land beyond the existing 28.3 acre Waterside Shops parcel. The expansion of the Waterside Shops will be accomplished in large part by adding a second story to the two major-tenant retail stores currently located on the site. The table on the following page depicts a matrix of the amounts of "approved", "constructed" and "proposed" commercial and residential uses within the Pelican Bay DRI/PUD and Waterside Shops parcel. Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board Commissioners. Based on the Board's final action on this item, please hearing advertising sign (s) immediately ~_ DEC 0 2 AFFIDAVIT We, being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. See attached Joint Consent and ~4ppointment o. f Agent on the four (4) followin£ pa£es. SIGNATURE OF OWNER State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this ~-~)-~)~_r .,200E', by 2' has produced Day of LCtu~' en~-C ~ ~ S e~l--, who is~ personall~me or who as identification and who did (did not) take an oath. ~Si~ature of N~ot~ublic) NOTARY PUBLIC PUD/DO Application 4/2003 DEC 0 2 2003 n. I JOINT CONSENT AND APPOINTMENT OF AGENT Hatch This Joint Consent and Appointment of Agent is madethis 20thday of Rlllllllt~, 2003, by WCI Communities, Inc., a Delaware Corporation (herein referred to as "WCI") whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, and Waterside Shops at Pelican Bay Trust, a Florida Land Trust (herein referred to as "Waterside Shops") whose address is 5415 Tamiami Trail North, Naples, Florida 34108. WlTNESSETH: WHEREAS, WCI is the successor in interest, owner, and developer of land comprising the Pelican Bay Development of Regional Impact ("DRI") and Pelican Bay Planned Unit Development ("PUD"), both of which were approved by Collier County in 1977, and the development of the Pelican Bay DRI/PUD land is controlled by Collier County's Development Order 77-1, as Amended and PUD Ordinance 77-18, as Amended; and WHEREAS, Waterside Shops owns approximately 28.3 acres of land designated for commercial development within the Area (South) Commercial District within the Pelican Bay DRI; and WHEREAS, WCI and Waterside Shops have agreed to file joint applications with Collier County to amend the Pelican Bay DRI Development Order and PUD zoning to request the conversion and relocation of certain commercial uses in the North Corem ercial District of Pelican B ay. and a reduction of the number of residential dwelling units within the Pelican Bay DPd/PUD so as to achieve the desired result of increasing the mount of approved corem ercial use within the Waterside Shops; and WItEEP~AS, the changes to the previously approved uses within the Pelican Bay DRI and the Waterside Shops portion thereof will require applications to be filed with Collier County and to be reviewed and approved by the County, as well as other state sad regional agencies; and WHEREAS, WCI and Waterside Shops .have decided to appoint agents to represent them ia preparing applications and obtaining any and all governmental approvals aecessary to change the mounts of approved commercial and residential land uses within the Pelican Bay DRI aud to specifically increase the amount of approved commercial use within the Watorldde Shops in the manner intended by the Parties and to authorize such agents to act on their behalf with full authority t6 apply for and obtain such approvals, including rezoning ofthe Pelican B ay PUD and an amenam eat of the existing Pelican Bay DRI development order. NOW, THEII~O~ WCI and Waterside Shops in order to acknowledge their awareness of and consent to their proposed changes and amendments of the ordinance and development orders 14 - A DEC 0 2 2003 LEGAL DE8CRIP~ON All that part of Parcel 'B' of PELICAN BAY UNIT ONE, according to the plat thereof as recorded in Plat Book 12, Pages 47-52, Collier County Public l~cord$, Collier County, Florida and being particularly described as follows: Commencing at the Southeast corner of said Parcel 'B'; thence along the East line of said Parcel 'B', bi. O° 39' '~2' ~'., 'I~'.50 f~t 'to-the ~ OF BEGINNING of the parcel herein descried; thence along a line which lies 17.5 feet North of and parallel with (as measured at fight angle to] the platted South line of said Parcel 'B' S.89° 30' 11' W., 1085.29 Feet to a point, on a curve and the West line of said Parcel 'B'; thence along said West line Northwesterly 35.24 feet along the arc of a non-tangential circular curve, concave to tl{e Northeast, having a radius of 50.00 feet, through a central angle of 40° 22' 47' and.being subtended by a chord which bears N. 20° 50' 56' W., 34.51 feet; thence continue along said West line N. 0° 39' 32' W., 705.19 feet; thence continue along said West line Northwesterly 472.66 feet along the arc of a circular curve concave to the Southwest, having a radius of 2050.00 feet, through a central angel of 13° 12' 38' and being subtended by a chord which bears N. 07° 15' 51' W., .471.62 feet to a point on said curve; thence. N. 76° 40' 18'. E., 75.10 feet; thence Northeasterly 204.84 feet along the arc of a circular curve concave to the Southeast, having a radius of 926.37 feet, through a central angle of 12° 40' 10' and being .subtended by a chord which bears N. 83° 00' 23' E., 204.43 feet; thence N. 89° 20' 28:E.,..88.06 feet to a point on a curve; thence Southeasterly 138.70 feet along the a{c of a non4angential circular curve concave to the Northeast, having a radius of 125.00 feet, thwugh a central angle of 63° 34' 27' and being subtended by a chord Which bears S. 58° 52' 19'.E., 131.69 feet; thence'N. 89° 20' 28' E., 25.00 feet; thence Northeasterly 259.18 feet along the arc of a circular curve concave to the Northwest, having a radius of 450.00 feet, through a central angle of 33° 00' 00' and bein~ subtended by a chord which bears N. 72° 50' 28' E., 255.61 feet to a point on said curve; thence $. 32~ 27' 12' E., 564.55 feet; thence N. 89° 30' 11' E., 107.47 feet to the East line of said Parcel 'B' thence along said East line S. 0~ 39' 32' E., 771.25 feet to the Point of Beginning of the l~arcel here. in described. DEC 0 2 20O3. Pl. ~ DOA-2003-AR-4777 PROJECT #2003020030 DATE: 9/25/03 RAY BELLOWS NOTIFICATION OF PROPOSED CHANGE TO THE PELICAN BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) Joint Application of: Waterside Shops at Pelican Bay Trust 5415 Tamiami Trail North Suite 320 Naples, Florida 34108 and WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 Prepared by: Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 April, 2003 DEC 0 2 2~3- YOUNG, V~ ~SSENDERP, VARNAD OE ATTORNEYS AT LAW & A~D~.aso~, R A. CLAY C. BROOKER TASHA O. BUF'ORD DAm£~ H. Cox TIMOTHY S. FRANKLIN DAVID P. HOPST£T"r~R' C. L~URE NC£ KENZA VAN RoY C. Youno 'B~D CF,.RTIFIgD Rr..~ ESTA~ I..,~w~£. 0~* COuNSg~. DAVID B. I:'Ra~VlN A.J. Jl~ Mr. Dan Trescott, DRI C~.ordinator Southwest Florida Regioffal Planning Council 4980 Bayline Drive , North Fort Myers, FL 33917 REPLY TO: Naples Aprill0,2003 ~4/.1['S HN-L ~'25 SOUTH ,^DAMS STREET POST OFF~CE BOX 1833 (ZIP 32302-1833) T~4.LAHA~SE[, FLORIDA 32301 TELEPHONE (850) TELECOPIER (850) 561-6834 SUNTRUST BtnLDING 801 LAURrC SolT[ 300 POST 0~FICE BOX 7907 (ZiP 34101-7907) NAm. ES, FLORIDA 34108 TELEPHONE (239) 597-2814 TELECOPIER (239) 597-1060 Re: NOPC Application for Pelican Bay DRI Dear Dan: As you will recall, I met with you and David Crawford on February l l, 2003, to discuss certain proposed changes to the Pelican B ay DRI located in Collier County. On behalf of the joint applicants, Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., I am submitting fifteen (15) copies of the notice of proposed change (NOPC) application for the changes we discussed with you at that time. The Pelican B. ay DRI Development Order was first approved by Collier County in 1977 (D.O. 77-1). Itwas amended in 1987 to approve the 6.5 acre Philharmonic Center for the Performing Arts site (Resolution 87-228). A Substantial Deviation was approved in 1989 (Resolution 89-77A), which was the most recent change to the Pelican Bay DRI D.O. The proposed changes to Pelican Bay afie an 800-unit reduction in the number of approved residential units and a shifting of approved, but uncommitted, commercial (office and retail) use from the North Commercial Area to the South Commercial Area within Pelican Bay. This NOPC application does not require or request any amendment to the currently approved (1989) Pelican Bay DRI Site Plan (attached as Exhibit "A"). I DEC 0 2 2003 ,43 Mr. Dan Trescott Page Two April 10, 2003 The Pelican Bay DRI's currently approved total of 1,095,000 gross square feet of commercial use will not change as a result of this NOPC application. However, the "mix" of retail and office uses, within the two commercial areas will be somewhat different, in comparison to the currently approved amounts. In summary, al1170,343 gross square feet of the remaining approved, but uncommitted commercial use will be removed from the North and transferred to the South Commercial Area. A conversion of most of the transferred office space to retail use will result in.a net increase in commercial use within the South Commercial area by 36,000 gross square feet of office use and 134,343 gross square feet of retail use. This NOPC also requests a new approved total of 7,800 residential dwelling units, which is a reduction of 800 units in comparison to the 8,600 units currently approved ia the Pelican Bay DRI Development Order. I am enclosing a check payable to the SWFRPC in the amount of $2,500 for this NOPC review. I am also simultaneously mailing copies of this application to Mr. Ray Bellows at Collier County, and Mr. Bernard Piawah at the Department of Community Affairs. If you or your staffhave any questions about the Pelican Bay DRI NOPC application, please do not hesitate to contact me. Thank you for your assistance in reviewing this NOPC application. Very truly yours, C. Laurence Keesey Raymond Bellows/Collier County Bernard Piawah/DCA Glen Harrell/Waterside Shops Michael O'Brien/Clarion Partners Vivien Hastings/WCl CLK/ca DEC 0 2 2003 ,. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL RECEIPTAND REVIEW FEE AGREEMENT FOR REVIEW OF DEVELOPMENTS OF REGIONAL IMPACT Applicant (Name, Address, Telephone) REGIONAL PLANNING COUNCIL usE ONLY Waterside Shops at Pelican Bay Trust Attn: Mr. Glen Harrell 5415 Tamiami Trail North Ste 320 Naples, FL 34108 Tel. # 239 598-1605 Fax. #239 598-1773 PROJECT IDENTIFICATION NAME: Pelican Bay. DRI (Notice of Proposed Change) WCI Communities Inc. Attn: Vivien Hastings, Esq. 24301 Walden Center Ddve Bonita Springs, FL 34134 Tel. # 239 49808525 FAX. #239-949-0233 Authorized Agent (Name, Address, Telephone) C. Laurence Keeseyl Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Tel. # 239-597-2814 FAX# 239-597-1060 NUMBER: COORDINATOR: DATE RECEIVED: Location of Project: County Collier County North of Seagate Drive. Name of Project Section(s) General Location Township Range West of U.S. 41; South of Vanderbilt Beach Rd; Pelican Bay Development of Regional .Impact A~ENDA I~'~ The Southwest Florida Regional Planning Council (SVVFRPC) and (Developer) on this day of ,2003, agree as follows: The Developer is submitting an application for development approval of a (DRI, Substantial Deviation or Development Designation for Florida Quality Development (FQD) or a Notice of Proposed Chanqe to a Previously Approved DRI (circle appropriate submittal). This application is submitted with a non-refundable/refundable (circle appropriately) deposit of $2,500.00, and an additional deposit of $ XX It is understood the' Developer is liable for 100 percent of the direct .and indirect costs for the. SVVFRPC to review this application or notice of proposed change. It is understood the Developer must notify the Department of Community Affairs (DCA) and-the SWFRPC in writing if any specific expenses which exceeds $75,000.00 and which are disputed and state why they are not reasonable and necessary within 15 days of its receipt of the notice to pay or any such dispute is waived. Within.15 days of any notice of dispute, the SWFRPC shall inform the DCA how and why the disputed expenses are reasonable and necessary. The DCA shall determine the expenses that are reasonable and necessary within 30 days. o The SWFRPC shall within 60 days, refund deposited funds which exceed its direct and indirect costs or that remain at the time the Developer withdraws the 'application .or notice of proposed change. Any direct or indirect costs of the SWFRPC in excess of the Developers deposits shall be billed to the Developer which shall be paid within 30 days. The SVVFRPC shall maintain records of all direct and indirect costs associated with the coordination of the preapplication conference, issue methodology meetings and other activities through the review of the application for development approval (ADA) or notice of proposed change to a previously approved DRI and of the final or'amended development order, its presentation to the Council and comments issued to the local government preparation for and. attendance of hearings that are reasonabli~'and necessary in respect to the regional review of the impacts of the development. 8, The Developer shall provide additional deposits from time to time as required within 15 .days after the receipt of notice from the SVVFRPC that it estimates costs will exceed the funds on deposits. Date Approval of the Applicant~or Autho(~d Agent Date Received and Signed Southwest Florida Regional Planning Count DEC 0 2 2003. NOTIFICATION OF PROPOSED CHANGE TO THE PELICAN BAY DEVELOPMENT OF REGIONAL IMPACT (Dm) Joint APplication of: Waterside Shops at Pelican Bay Trust 5415 Tamiami Trail North Suite 320 Naples, Florida 34108 and WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 Prepared by: Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 April, 2003 TABLE OF CONTENTS Joint Consent, Appointment of Agent Notice of Proposed Change, Form RPM-BSP-PropChange-1 Exhibits Currently Approved and Proposed Pelican Bay Master Plan (no changes required) "A" Proposed changes to Pelican Bay DRI Development Order (Resolution 77-1, as amended) Traffic Analysis (David Plummer & Associates) AIaEHC)A rr~ No. 8' J DEC ~0 2 2003 JOINT CONSENT AND APPOINTMENT OF AGENT This Joint Consent and Appointment of Agent is made this. 20tttlay March of lhdxma~, 2003, by WCI Communities, Inc., a Delaware Corporation (herein referred to as "WCI") whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, and Waterside Shops at Pelican Bay Trust, a Florida Land Trust (herein referred to as "Waterside Shops")whose address is 5415 Tamiami Trail North, Naples, Florida 34108. ' WITNESSETH: WHEREAS, WCI is the successor in interest, owner, and developer of land comprising the Pelican Bay Development of Regional Impact ("DRI") and Pelican Bay Planned Unit Development ("PUD"), both of which were approved by Collier County in 1977, and the development oft he PeLican Bay DR//PUD land is controlled by Collier County's Development Order 77-1, as Amended and PUD Ordinal/ce 77-18, as Amended; and WHEREAS, Waterside Shops owns approximately 28.3 acres of land designated for commercial development within the Area (South) commercial District within the PeLican Bay DR/; and WHEREAS, WCI and Waterside Shops have agreed to file joint applications with Collier County to amend the Pelican Bay DRI Development Order and PUD zoning to request the conversion and relocation of certain commercial uses in the North Commercial District of Pelican B ay. · and a reduction of the number ofresidential dwelling units within the Pelican Bay DR//PUD so asto achieve the desired result of increasing the amount of approved commercial use within the Waterside Shops; and · WHEREAS, the changes to the previously approved uses within the Pelican Bay DR/and the Waterside Shops portion thereof will require applications to be filed with Collier County and to be' . reviewed and approved by the County, as well as other state and regional agencies; and WHEREAS, WCI and Waterside Shops have decided to appoint agents to represent them in preparing applications and obtaining any and ail governmental apProvals necessary to change the amounts of approved commercial and residential land uses within the Pelican Bay DR/and to specifically increase the amount of approved commercial use within the Waterside Shops in the manner intended by the Parties and to authorize such agents to act on their behalf with full authority t° apply for and obtain such approvals, including rezoning of the Pelican B ay PUD and an amendment of the existing Pelican Bay DKI development order. NOW, THEREFORE, WCI and Waterside Shops in order to acknowledge their awareness of and consent to their proposed changes and amendments of the ordinance and development orders i (1 ot DEC 0 2 2003 governing the Pelican-Bay property and in order to appOint, authorize, and direct its agents and representatives to act on their behalf to obtain the necessary governmental approvals for the development to be carried out within the Waterside Shops,. do consent to and direct the following: APPOINTMENT OF-AGENTS 1. The preceding ~Whereas~ clauses are true and are incorporated herein. George L. Vamadoe, C. Laurence Keesey and the law firm of young, van Assenderp, Vamadoe, and Anderson, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida, 34108, are hereby designated and appointed the agents/representatives of WCI and Waterside Shops with full authority to act on the'ir behalf, to perform all leg.al services related to the preparation, submission, and review, and approval of any applications to obtain governmental approval of their joint applications and intentions to change the approved land uses within the Pelican Bay DRI/PUD and to obtain approval of additional commercial use within the Waterside Shops' property. George L. Varnadoe, C. Laurence Keesey, and the law firm of Young, van Assenderp, Vamadoe and Anderson, P.A. are authorized to represent and aa'as Agents for WCI and Waterside Shops with their full authority, before any and all governmental entities and agencies of the local, state, and federal government as may be appropriate and reasonably related to obtaining approval of the joint applications for amendments to the Pelican Bay PUD zoning and Pelican Bay DRI Development Order. These agencies and entities may include but shall not be limited to the following: A B. C. D. E. F.. The Collier County Board of County Commissioners and all departments, divisions, and sub-units of the County. The Southwest Florida Kegional Planning Council. The Florida Departments of Community Affairs,. Environmental Protection and Transportation. The Florida Secretary of State and all other cabinet level offices and agencies of the State ~fFlorida. The Florida Land and Water Adjudicatory Commission. The South Florida Water Management District. -. To effectuate the appointment of the agents named above, and as evidence of there consent to the agents' acting on there behalf, for the purposes stated above, the authorized representative of WCI Communities, Inc. and Waterside Shops at Pelican Bay Trust have signed below. i (2 of 4) DEC 0 2 2003. Dated:_ WCI Communities, Inc., a Delaware corporation. By: Vivien Hastings, i~Vice l~sident Waterside Shops at Pelican Bay Trust, a Florida land trust By: Michael O~rien, Trustee Waterside Shops at Pelican Bay Trust STATE OF. FLORIDA COUNTY OF LEE The foregoing Joint Consent and Appointment of Agent waha,.cknowledged before me this 20th day of ~4arch . ,2003, by Vivi'en Hastings, as Vice Premdent of the WC Communities, Inc., on behalf of said corporation, whoiS personally known to me, and has presented as identification. (SE d0 Notary Public Melanie Scire Typed/Printed Name My Commission No. My Commission Expires: (3 of 4) AC~NDA DEC 0 2 2003 STATE OF NE~YORK ._ (~' ,Tjae foregoi_.~ Joint Consent and Appointment of Agent'~w~ acknowledged before me this g4~.ay of o~ av~/~~ , . ,2003, b.y, Michael. O .Brien, T. mstee, W,a?sideSho. ps, at Pelican Bay Trust, on behalf of smd land trust, who Is personally known to me, ano nas presentea Mt/ag ~~ ],~~' as identification. Typet~PdutedName My Commission No. 80NIA LYDI~ F~a, NOI$ . QmgJfied In QueeM C, oun~ Oomrni$~on Exptree Ap~l 17, i (4 of 4) F:\us ~r~\C~ro[kWPg~W CIkloinlConzcni~xd Appointm entA~ent-W CIW sier~ide.wpd DEC 0 2 2003 FORM RPM-B SP-PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Sbumard Oak Boulevard Tallaha~see, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRD PURSUANT TO SUBSECTION 380.06(19), FLORIDA STATUTES (D/~e) 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, C. Laurence Keesey, the undersigned authorized representative of Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., a Delaware Corporation, 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 Bay DRI 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 Bureau of State Planning, Department of Community Affairs. DEC 0 2 2003 .33 2. Joint Applicant's (name, address, phone). Waterside Shops at Pelican Bay Trust (Glen Harrell) 5415 Tamiami Trail North Ste. 320 Naples, FL 34108 Tel. # (239) 598-1605 Fax. #(23~) 598-1773 WCI Communities Attn: Vivien Hastings, Esq. 24301 Walden Center Drive Bonita Springs, Florida 34134 Tel. 0(239) 498-8525 Fax. #(239) 949-0233 3. Authorized Agent (name, address, phone). George L. Varnadoe, Esquire C. Laurence Keesey, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Tel. #(239) 597-2814 Fax. #(239) 597-1060 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. LEGAL DESCRIPTION All the fractional part of Section 32, lying South of Vanderbilt Beach Road; and all of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41); ali fractional parts of Government Lots 1 and 2, Section 5; all fractional part of Section 8; and ali of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the South 70 feet of the Southeast 1/4,. and the South 70 feet of the East 158.25 feet of the Southwest 1/4; ali in Township 49 South, Range 25 East, Collier County, Florida. DEC 0 '2 2003. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Project History_ The Pelican Bay DRI/PUD, a planned community, was originally approved by Collier County in 1977 (D.O. 77-1; PUD ORD.//77-18) and a substantial deviation to the project waz approved in 1989 (D.O. 89-77A; PUD ORD.//89-35). As currently approved, Pelican .Bay is authorized to contain a maximum of 8,600 residential dwelling units and up to 1,095,000 gross square feet ("GSF") of commercial uses, including both retail and office. The project's construction began soon after its approval, and Pelican Bay is nearing completion. The current Pelican Bay DRI/PUD approvals assign all of the commercial uses to either the north commercial area (approved for up to 454,600 gross square fee0 or the south commercial area (approved to contain up to 640,400 GSF). As of the date Waterside Shops at Pelican Bay Trust ("Waterside Shops") and WCI Communities, Inc. ("WCI") filed their joint applications for PUD and DRI amendments, a total of 6975 residential dwelling units have been constructed, or are under contract. Within the north commercial area, a total of 284,257 GSF of commercial space has been committed or constructed, including 142,655 GSF of office use and 141,602 GSF of retail use. This leaves a remainder of 170,343 GSF of approved, but uncommitted, commercial space that is allocated to the north commercial area. The south commercial area is currently approved to contain up to 355,400 GSF of office space and 285,000 GSF of retail use. The Waterside Shops portion of the south commercial area contains 255,096 GSF of retail space, and a 10,000 square foot office building, located within a 28.3 acre parcel. Proposed Changes The proposed changes to Pelican Bay do not affect the currently approved Master Plan, which will remain in effect without modification (see Exhibit "A"). The only construction, or additional physical development that will occur as a result of these changes will occur on the existing Waterside Shops site. The proposed changes include reduction of the number of approved residential dwelling units and a transfer of floor area for all uncommitted commercial use from the north commercial area to the south commercial area, as described below: (1) A reduction in the number of approved residential units by 800 units, from 8,600 dwelling units currently approved to a new total of 7,800 units. DEC 0 2 2003 (2) A decrease of approved commercial use within the north commercial area by a total of 170,343 GSF. This amount consists of 8,398 GSF of retail use and 161,945 GSF of office space. This reduction will prevent additional commercial development within the north commercial area beyond the currently committed or constructed amount of 284,257 GSF of commercial use, which will become the new maximum approved amount within the north commercial pod. O) An increase of approved commercial use within the south commercial area of Pelican Bay by 170,343 G.S.F. The additional retail and office uses will be located within the 28.3 acres comprising the Waterside Shops portion of the south commercial area. The currently approved 640,400 GSF of commercial use in the south commercial area will be increased by the identical amount, 170,343 GSF, being transferred from the north commercial area. The increased floor area within the South Commercial area will consist of an additional 36,000 sq. ft. of approved office use and an additional 134,343 GSF of approved retail use. The increase in retail commercial use within the existing Waterside Shops parcel will be accomplished in large part by simply adding a second story to the two major-tenant retail stores currently located on the site. The table on the following page depicts a matrix of the amounts of "approved", "constructed" and "proposed" commercial and residential uses within the Pelican Bay DRI/PUD and Waterside Shops parcel. The proposed changes will result in a slight decrease in the daily and PM peak-hours external automobile trips generated by the Pelican Bay DRI. (See the traffic study (dated February 11, 2003, prepared by David Plummer and Associates, attached as Exhibit "C"). 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. Response: The current DRI Master Plan will not be changed. (See Pelican Bay Master Plan attached hereto as Exhibit "A"). · Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Response: (See Attached) Table, showing amounts of "approved", "constructed" and "proposed" commercial retail, office, and residential uses in Pelican Bay. No other approved land uses are affected. DEC 0 2 2003 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 devdopment order for the project? Response: Collier County's Pelican Bay DRI Development Order initially adopted in Resolution 77-1 has been amended by Collier County as follows: (1) (2) Resolution 87-228 adopted by Collier County on September 29, 1987 amended Section VII of Development Order 77-1 to authorize an "attraction/recreation" use within Pelican Bay and allow six and one/half (6.5) acres for such use within the area commercial (South) zone of Pelican Bay. This 6.5 acre parcel has been developed as the Philharmonic Center for the Performing Arts. Resolution 89-77 A adopted by Collier County on March 28, 1989 approved a substantial deviation that increased the amount of approved commercial use to a total 1,095,000 gross square feet of building area, and reduced the authorized number of residential dwelling units to 8,600. Pelican Bay DRI remains within the jurisdiction of Collier County. Describe any lands purchased or optioned within IA 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 V2 mile on a project master site plan or other map. Response: None Indicate " 9 changes) of any of the criteria listed in Paragraph ~80.06(! ), Florida Statute if the proposed change is less than 40% (cumulatively with other previous ['No. A~:IqDA ~ ~.v ,'IT:J~ DEC 0 2 2003 { 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 10. Does the proposed change result in a change to the buildout date or any phasing date of the project7 If so, indicate the proposed new buildout or phasing dates. Response: No changes are proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? Response: 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: 12. Response: See attached "redline" version of proposed Pelican Bay DRI Development Order, 77-1, as amended, attached as Exhibit "B". 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. Response: No changes proposed, or needed, to current (1989) master plan for requested changes. See Exhibit "A". Pursuant to Subsection 380.06(19)(0, Florida Statutes, 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: Response: See attached Exhibit "B". a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Response: No change is requested to build out, phasing or D.O. conditions. bo An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; Response: No land is being added to or deleted from the Pelican Bay DRI. A proposed amended development order deadline development of the proposed changes, if applicable; for commencing physical Response: Not applicable. DEC 0 2 2003 do A proposed amended development order termination date that reasonably reflects the time required to complete the development; Response: No change. eo A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to dom-zoning; unit density reduction, or intensity reduction, if applicable; and Response: Not applicable. 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. Response: Reports will be filed biennially as now required by law. DEC 0 2 2003 ~. ~0 Exhibit B- Page 1 Resolution and Development Order of the Board of County Commissioners of Collier County, Florida April 19, 1977 [(As Amended by: Res. 87-228 and Res. 89-77A)] DEVELOPMENT ORDER 77-1 WHEREAS, Coral Ridge-Collier Properties, Inc., has filed with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) in accordance with Section 380.06 (6)Florida Statues, and WHEREAS, the Applicant, Coral Ridge-Collier Properties, Inc. has obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) and DRI approval, and WHEREAS, the Coastal Area Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council and held a public hearing on the ADA on March 3, 1977, and held subsequent public heatings, and WHEREAS, ON THE 19t~ day of April, 1977, the Board of County Commissioners at an open public meeting in accordance with Section 380.06 (7) Florida Statues, considered the report and recommendation of the Southwest Florida Regional Planning Council, the certified record of the documentary and oral evidence presented to the Coastal Area Planning Commission, the report and recommendations of the Coastal Area Planning Commission, the application for Development of Regional Impact submitted by Coral Ridge-Collier Properties, Inc. and the comments upon the record made to this Board of County Commissioners at said meeting. After full consideration 9£the rencwte C_. Words in bold are additions; words shuck-lhro~gh are deletions. DEl2 0 2 2003- Exhibit B- Page 2 recommendations and testimony, the Board of County Commissioners hereby finds and determines: a. The application is in accordance with Section 380.06 (b) (Florida Statues). b. The development is not in an area designated an area of critical concern pursuant to the provisions of Section 380.05, Florida Statues. c. The State has not adopted a land development plan which is applicable to this area. d. The development is consistent with the land development regulations of Collier County. WHEREAS, the Board of County Corn missioners has passed Ordinance 77-18 which rezoned the subject proPerty to PUD, and WHEREAS, Coral Ridge-Collier Properties, Inc., application for development approval is also part of an overall rezoning application by the developer and the issuance of a development order pursuant to Chapter 380, Florida Statutes, does not constitute a waiver of any powers of rights regarding the issuance of other development permits by the County or State, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County} Florida, in a meeting assembled this 19~h day of April, 1977: 1. That this Order addresses all issues raised by the Southwest Florida Regional Planning Council in its report and recommendation to the Collier County Commission in September, 1976. That this Commission finds that the applicant has adequately addressed and satisfied those conditions set forth by the Southwest Florida Regional Planning Council in said Words in bold are additions; words ~huck-G/ough are deletions. DEC 0 2 2003 Exhibit B- Page 3 council's "Conditional Approval" of the ADA, or agreed to the modifications approved by the commissioners and that applicant has done so in the manner following: Southwest Florida Regional Planning Council Recommendation: I. ENVIRONMENT AND NATURAL RESOURCES A. AIR QUALITY: RECOMMENDATION Any DRI-Development Order issued by Collier County shall stipulate that the applicant must obtain all necessary complex air source permits prior to the issuance of construction permits by Collier County. This condition has been met in the following section of the PUD document: 13.1 ENVIRONMENTAL AND NATURAL RES OURCES A. Air Quality The applicant for a construction permit for the construction of any facility that qualifies for complex air source permits under Chapter 17-2 Florida Administrative Code, shall obtain all necessary complex air source permits prior to the issuance by Collier County of construction permits for such a facility. Words in bold are additions; words struck-fl,~,ugh are deletions. DEC 0 2 2003 Exhibit B- Page 4 Southwest Florida Region Planning Council Recommendation: B. Natural Resources CONDITIONS Any DKI Development Order issued by Collier County to the applicant shall provide that, prior to filling the approximately 128 acres of wetlands, the applicant shall: (a) Convey approximately 3/4 ofamile of beach-front to Collier County, Florida, for a public beach and create a non-profit property owners' association and convey to that association approximately 1-1/4 miles of beach-front restricted in perpetuity for recreation, conservation and preservation purposes; and, (b) Obtain all necessary permits from county, state and federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17-3, Florida Administrative Code. Further, the County and the C&SFFCD must be assured that negative water quality impacts TO Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 128 acres of mangrove forest; and (c) Reach mutual agreement with Collier County concerning the Special Treatment (ST) designation of the proposed fill area. Words in bold are additions; words ~h-uck4hJ-ough are deletions. DEC 0 2 2003 Exhibit B- Page 5 This condition has been met in the following sections of the PUD document: 13.1 ENVIRO~NT~ AND NATURAL RESOURCES Natural Resources Prior to filling approximately 98 acres of wetlands, located in the northwest section of Group 4 properties, the applicant shall: a. Convey approximately 36 acres (containing approximately 3/4 of a mile ofbeachfront) to Collier County, Florida, for a public beach and set aside by filing covenants, approximately 530 acres (containing approximately 1-1/4 miles ofbeachfront) restricting in perpetuity this property for recreation, conservation and preservation purposes; and, Obtain all necessary permits from county, state and federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17-3, Florida Administrative Code. Further, Collier County and the South Florida Water Management District (SWFMD) shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest; and, Preserve the existing red mangrove fringe around all significant water bodies; and, Words in bold are additions; words sh-uck-~hrough are deletions. DEC 0 2 2003 Exhibit B- Page 6 2.04 go ho Stake the precise interface of the red mangrove fringe prior to commencement of construction activities; and, Limit the filling activities to approximately 98 acres; and, Covenant the conservation area for preservation, conservation and limited recreational uses; and Insure that filling activities shall not take place in significant stands of red mangroves and shall not eliminate significant existing tidal creeks; and, Insure that no alterations or filling shall be conducted below the two foot contour in this area before all approvals for such construction are reCeived. SPECIAL TREATMENT (,ST) REGULATIONS The adoption of this document shall constitute satisfaction of the "SPECIAL REGULATIONS FOR (ST) AREAS OF ENVIRONMENTAL SENSITMTY" and the transfer of the applicant's development fights from "ST" lands to "non-ST" lands, in compliance with the applicable sections of the Zoning Ordinance of Collier County to permit development as herein described. The Board of County commissioners finds that the applicant should not be limited to using a non-profit property owners' association to regulate, supervise and maintain approximately 530 acres, which includes approximately one and one-quarter (1-1/4) miles of beach front, Words in bold are additions; words ~u u~.~x-un uubiJ are deletions. DEC 0 2 2003 Exhibit B- Page 7 restricted in perpetuity for recreation, conservation and preservation purposes. Southwest Florida Regional Planning Council Recommendation: C. Water Resources C. 1 Potable Water Supply RECOMMENDATION Prior to the issuance of any DKI- Development Order by Collier County and the adoption of the proposed project's master plan, the applicant shall demonstrate to Collier County and the C&SFFCD that the Floridan Aquifer, in this area, has sufficient capacity to meet the water supply requirements of the proposed project's ultimate population, and that this water withdrawal will not negatively impact areawide water quantity or quality. This condition has been met in the following Section of the PUD document: 13.1 ENVIRONMENTAL AND NATURAL RESOURCES C. Water Resources 1. Potable Water Supply Prior to the issuance of any construction permits by Collier County, the Pelican Bay Improvement District (PBID) shall demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Col Ii er County an d the South Fl ori d a Water M anagem ent Di stri ct (SFWMD) Words in bold are additions; words sh~,ck-through are deletions. DEC 0 2 200 ]. Exhibit B- Page that the Floridan Aquifer, in this area, has sufficient capacity to meet the project's ultimate population, and that this water withdrawal and reject water disposal will not adversely impact areawide water quantity or quality. Reject water from the reverse osmosis process shall not enter the upland surface water storage areas. Southwest Florida Regional Planning Council Recommendation: C.2 Non-Portable Water Supply RECOMMENDATION Prior to the issuance of any DRI-Development Order by Collier County, the applicant shall satisfactorily demonstrate to Collier County and the C&SFFCD that the proposed project's water withdrawal for golf course irrigation will not subject shallow aquifer resources adjacent to Pelican B ay to salt-water intmsion. This condition has been met in the following Section of the PUD document: 13.1 ENVIRONMENTAL AND NATURAL RESOURCES C. Water Resources 2. Non-Potable Water Supply a. Prior to the issuance of any construction permits by Collier County, the applicant or Pelican Bay ImprovemEnt District shall satisfactorily demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Words in bold are additions; words ~hock-thi-ough are deletions. DEC .0 2 2003 Exhibit B- Page 9 Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the proposed project's water withdrawal for golf course irrigation will not subject shallow aquifer resources to salt-water intrusion and will not adversely impact areawide water quantity or quality. During the wet season, June 1 to October 31, irrigation shall be permitted by withdrawal of water from the lakes to a minimum level to be established by the Water Management Advisory Board. When the Coastal Ridge Aquifer is no longer over-stressed, the applicant shall be allowed to apply for a well permit for year round- use of water from the shallow aquifer. The condition of the shallow aquifer shall be determined by the Big Cypress Basin Board, the South Florida Water Management District and the Water Management Advisory Board. Existing permitted wells within Pelican Bay shall be excluded from the provisions of 13.1.C.2.(a), (b) and (c) above. Words in bold are additions; words ~huck-tl.,~ugh are deletions. ~qoA Il'EM DEC-Il 2 2003 Exhibit B- Page 10 Southwest Florida Regional Planning Council Recommendation: D. Drainage Considerations D.1. Upland Areas RECOMMENDATION (1) Until such time as the tidal average 100-year flood elevations are established by HUD, the maximum building floor elevation should be 10 feet above mean sea level. (2) Minimum lake control elevations should be 4 feet above mean sea level for the first phase. Approval of lake elevation controls for subsequent phases or adjustments to first phase elevations should be withheld, pending demonstration, at the time of surface water management permit review, of satisfactory surface-ground water relationships. This condition has been met in the following Section of the PUD document: 13.1 ENVIRONMENTAL AND NATURAL RESOURCES D. Drainage Considerations 1. Upland Areas a) Prior to the preparation of the final plans, the Water Management Plan Prepared by Pelican Bay Improvement District shall be submitted to and approved by the Water Management Advisory Board. The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Words in bold are additions; words -~'- -' ...... '- ~uu~.-u, uu~, are deletions. DEC 0 2 20113 b) Exhibit B- Page 11 Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of construction permits by Collier County. Until such time as the tidal average 100-year flood elevations are established by HUD, the minimum building floor elevation shall be 10 feet above mean sea level. The Board of County Commissioners desires to retain for itself and its advisory boards final decisions regarding the minimum lake control elevations. Southwest Florida Regional Planning Council Recommendation: D.2. Northwest Fill Area RECOMMENDATION Any DR1-Development Order issued by Collier County must stipulate that the applicant provide necessary detailed plans, studies and specifications to Collier County and the C&SFFCD for approval prior to the recording of all final plats. Further, the County and the C&SFFCD must be assured that negative water qualaity impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 128 acres of mangrove forest. Words in bold are additions; words sh~ck4hi-o~gh are deletions. DEC 0 2 2003 Exhibit B- Page 12 This condition has been met in the following section of the PUD document: 13.1 ENVIRONMENTAL AND NATURa~ RESOURCES D. Drainage Considerations 2. Northwest Fill Area The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of any permits by Collier County. Further, the county and the South Florida Water Management District shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest. Southwest Florida Regional Planning Council Recommendation: E. Water Quality Implications RECOMMENDATION Any DKI-Development Order issued by Collier County shall stipulate that the applicant must amend the proposed project's drainage plan to include a slight perimeter berm on all lakes receiving runofffrom the golf course. A littoral growth zone must also be created around all lake perimeters, and lake slopes must be constructed with a 7:1 slope. Words in bold are additions; words ~huck-th~vugh are deletions. DEC 0 2 2003 Exhibit B- Page 13 The Board of County Commissioners desires to retain for itself and its advisory boards final decisions concerning berms (which will be required) on all lakes receiving runoff from the golf course, and the slope of the lakes. The Board of County Commissioners will require that littoral growth zones be created around all lake perimeters. Southwest Florida Regional Planning Council Recommendation: E.2. Northwest Fill Area RECOMMENDATION Any DRI-Development Order issued by Collier County must stipulate that the applicant provide necessary detailed plans, studies and specifications to Collier County and the C&SFFCD for approval prior to the recording of all final plats. Further, the county and the C&SFFCD must be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and the development of the are presently occupied by 128 acres of mangrove forest. This condition has been met in the ~'ollowing section of the PUD document: D. Drainage Considerations 2. Northwest Fill Area The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval pric :to tl~i~s,,~-_ce ~ DEC 0 2 2003 Words in bold are additions; words stiuck-thiough are deletions. Exhibit B- Page 14 of any permits by Collier County. Further, the county and the South Florida Water Management District shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest. Southwest Florida Regional Planning Council Recommendations: II. POPULATION AND HOUSING CHARACTERISTICS RECOMMENDATION Collier County should encourage the applicant to provide a number of dwelling units of a type and price suitable to meeting the housing needs of the future employees of Pelican Bay's commercial centers. The Board of County Commissioners finds that dwelling units of a type and price suitable to meet the housing needs of future employees of Pelican Bay's commercial centers are not appropriate for this project. Additionally, it is anticipated that this development will employ persons already residing in the are. Words in bold are additions; words ~huck-tlnough are deletions. DEC 2 200:t Exhibit B- Page 15 Southwest Florida Regional Planning Council Recommendation: IH. PUBLIC FACILITIES A. Sewage Treatment FaciliW RECOMMENDATION (0 Collier County should consider entering into a three-party agreement (County-PBID-Pelican Bay) whereby Sewer District A's new plant will provide seWage treatment within the Pelican Bay Improvement District. If adopted, the agreement and its conditions must be included within any DRI-Development Order. (2) If an agreement cannot be achieved, then the applicant must identify how the short-and long-mn sewage flows of the proposed project shall be treated and properly disposed. Prior to the issuance of any DRI-Development Order by Collier County, the applicant shall provide the county with a letter of commitment from the Pelican Bay Improvement District. This letter must indicate how the District plans to collect, treat and dispose of the proposed project's sewage in a manner conceptually acceptable to DER. The required letter, as well as any DER or county stipulations addressing the PBID's selected sewage treatment and disposal plan, must be incorporated within any conditional DRI-Development Order issued by Collier County. This condition has been met in the following section of the PUD document: 13.2 PUBLIC FACILITIES A. Sewage Treatment Facility The Pelican Bay Improvement District (PBID), created through a special act of the Florida Legislature in 1974, shall provide sewage treatment facilities for the proposed project. The Pelican Bay Improvement District shall pr, detailed plans, studies and specifications to the Environmental At Words in bold are additions; words ~tJuck-tl, uugh are deletions. ,iso~e~Cou~cit,© DEC 0 2 2003- Exhibit B- Page 16 Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation (DER) for approval prior to the issuance of permits. Attached as Exhibit A is a letter from the President of the Board of Supervisors of the Pelican Bay Improvement District. Water and sewer master plans for the Pelican Bay Improvement District were adopted by the Board of Supervisors on December 8, 1976. The letter and engineering plans referred to answer the requests of the Southwest Florida Regional Planning Council on this subject. Southwest Regional Planning Council Recommendation: B. Water Treatment Facilities RECOMMENDATION Prior to the issuance of any DKI-Development Order, the applicant shall provide to Collier County a letter of commitment from the Pelican Bay Improvement District. The required letter must identify how the District proposes to meet Pelican Bay's short- and long-term potable water requirements, and the type of' treatment facility and disposal method of brine effluent which has been selected. This letter must also provide assurances that the proposed plant's capacity will meet the ultimate needs of the residents of Pelican Bay, and that the selected brine disposal method will not result in a negative impact to areawide natural resources and/or the environment. The required letter must be incorporated into the DRI-Development Order. Words in bold are additions; words ~huck-th~,,ugh are deletions. Exhibit B- Page 17 This condition has been met in the following section of the PUD document: 13.2 PUBLIC FACILITIES B. Water Treatment Facilities Water treatment facilities shall be provided by the Pelican Bay Improvement District (PBID). The Pelican Bay Improvement District shall provide necessary detailed plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation for approval prior to the issuance of permits. Attached as Exhibit A is a letter from the President of the Board of Supervisors of the Pelican Bay Improvement District. Water and sewer plans for the Pelican Bay Improvment District were adopted by the Board of Supervisors on December 8, 1976. The letter and engineering plans referred to answer the requests of the Southwest Florida Regional Planning Council on this subject. Southwest Florida Regional Planning Council Recommendation: C. Power Supply RECOMMENDATION Any DRI-Development Order issued by Collier County should encourage the incorporation of energy-efficient architectural design, and theutilization of energy-conserving materials and appliances for all dwelling units and commercial buildings within the proposed development. Words in bold are additions; words mmck-ffam'agh are deletions. DEC 0 2 2003 Exhibit B- Page 18 The Board of County Commissioners recognizes that technology is developing in areas of energy efficient architectural design, and in the development of energy conserving materials. The applicant is encouraged to keep abreast of this developing technology and make use of it where practical. Southwest Florida Regional Planning Council Recommendation: IV. TRANSPORTATION A. Internal RECOMMENDATION Any DPd-Development Order issued by Collier County must stipulate that the internal roadway system of the proposed project shall be constructed by the applicant as indicated in the applicant's additional information submittal of August 13, 1976, and Exhibit D-1. This condition has been met in the following section of the PUD document: 13.3 TRANSPORTATION Internal The internal roadway system of the proposed project, including signals and other intersection improvements shall be constructed by the applicant as indicated on Exhibits "J" and "K". Phasing and/or bonding for the ultimate improvements shall be done in accordance with the Subdivision Regulations. Words in bold are additions; words shuck-th,u-gh are deletions. Exhibit B- Page 19 The Board of County Commissioners has determined that the phasing of the physical connections of roadways "F" and "G" to Seagate Drive shall be determined at a later date and has further determined that roadway "G" shall be a two-lane facility. Southwest Florida Regional Planning Council Recommendation: B. External RECO~ATION Any DRI- Development Order issued by Collier County must stipulate that the applicant shall improve Seagate Drive from its current two-lane design to a four-laned roadway between 1976 and 1991. The applicant shall also provide necessary intersection improvements [at access points described in the ADA along Vanderbilt Beach Road, Seagate Drive] and U.S. 41, whenever these improvements are determined necessary by the Collier County Engineering Department and/or the Florida Department of Transportation. This condition has been met in the following section of the PUD document: 13.3 TRANSPORTATION B. Extemal The applicant shall improve Seagate Drive from its current two-lane design to a four-laned roadway between U.S. 41 and the most westerly constructed intersection of the Pelican Bay street with Seagate Drive. The responsibility of the applicant for four laning Seagate Drive shall continue until the release of the last existing internal improvement bond for the project. The applicant shall also pay h s pr~.omonate DEC 0 2 2003. Words in bold are additions; words Sh~uck-Llnough are deletions. Exhibit B- Page 20 share of the costs for the necessary intersection improvements and signalizations along Vanderbilt Beach Road, Seagate Drive and U.S. 41, in accordance with the Subdivision Regulations. Southwest Florida Regional Plhiming Council Recommendation: V. PUBLIC SERVICES A. Education RECOMlVlENDATION Any DRI-Development Order issued by Collier County must stipulate that the applicant shall either (1) comply with the impact fee policy of the Collier County School Board, or (2) enter into some other agreement with the Collier County School Board to defray the cost of capital improvements resulting from the development of the proposed project. This condition has been met in the following section of the PUD document: 13.4 PUBLIC SERVICES Words in bold are additions; words ~h uck-tlnuugh are deletions. Education Forty-five acres located in the vicinity of the community commercial parcel near Vanderbilt Beach Road and U.S. 41 will be offered to the Collier County School Board for use as a 25 acre middle school site and a 20 acre elementary school site. The 45 acres will be sold to the School Board at 50% of the January 1, 1977, appraised value plus 5% per year appreciation for each year after 1977. This offer will continue until January 1,1990. After January 1,1990, the ~pli~t~s ~[~e ~_j H DEC O 2 2003. Exhibit B- Page 21 permitted to develop as residential areas all parts of the 45 acres not purchased by the School Board. As of this date, the County Commissions has not enacted into ordinance the "impact fee policy" of the Collier County School Board. Therefore, the "impact fee policy" is not mandatory nor binding on the applicant. Further, the Commission finds that the proposal of the applicant, as contained in the PIYD document, satisfies the needs for school sites for the Pelican Bay area. Adoption of this document does not exclude applicant from any lawful "impact fee" ordinance later enacted by this Board. Southwest Florida Regional Planning Council Recommendation: B. Emergency Service (Ambulance) C. Police Protection RECOMMENDATION The applicant shall meet with the appropriate officials of the Collier County Sheriffs Department to determine what assistance can be provided by the applicant to alleviate negative impacts on police service resulting from the development of proposed project. Any agreement reached between the applicant and the Collier County Sheriff's Department shall be incorporated into any DRI-Development Order issued by Collier County. Words in bold are additions; words sh~ck-ili,-oagh are deletions. DEC 0 2 2003. Exhibit B- Page 22 This condition has been met in the following section of the PUD document: 13.4 PUBLIC SERVICES B. Government Facilities Twenty acres located in the vicinity of the Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated to Collier County in increments of five acres per each 1,000 dwelling units permitted for the first 4,000 dwelling units permitted. The major portion of this area is intended to serve as a community park with the minor portion to be used for such things as fire station, library, sheriff's substation, branch courthouse offices, auditorium, etc. Non-administrative uses such as open storage equipment yards and other non-compatible government functions shall not be permitted within the site. The applicant shall be given the opportunity to review the architectural plans for any facilities planned for this area prior to their construction. Should a requirement for use of a part of this 20 acres, develop prior to the above described dedication rate, the applicant will make available at the earlier date a specific area for an immediate specific use. Words in bold are additions; words ~huck-thi-ough are deletions. DEC 0 2 2003. n. Exhibit B- Page 23 Southwest Florida Regional Planning Council Recommendation: D. Fire-Protection, . RECOMMENDATION Any DRI-Development Order issued by Collier County stipulate the following conditions: (1) To Assure Adequate Fire Flow: The applicant shall provide for the strategic placement of parking pads around the lake system to allow for fire track drafting capability; also, for the strategic placement of fire hydrants as required by the North Naples Fire District. The incorporation of automatic sprinkler systems for all under-building parking and machinery areas shall be required, as well as the installation of water pumps, storage and pressure tanks in all mid-rise and high-rise structures. shall (2) To Assure Adequate Fire Protection Services: The applicant shall provide the North Naples Fire Control District a site for a fire station within the project, to assure swift and adequate fire protection services. The applicant must also enter into an agreement with the Fire Control District to mitigate the forecasted fiscal and/or service-level problems of the Fire District. Words in bold are additions; words ~ are deletions. DEC 0 2 2003 Exhibit B- This condition has been met in the following sections of the PUD document: 12.04 PUBLIC SERVICES B. Government Facilities Words in bold are additions; words ~tiuck-tln-ough are deletions. Page 24 Twenty acres located in the vicinity of the Community commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated to Collier County in increments of five acres per each 1,000 dwelling units permitted for the first 4,000 dwelling units permitted. The major portion of this area'is intended to serve as a community park with the minor portion to beused for such things as fire station, library, sheriffs substation, branch courthouse offices, auditorium, etc. Non-administrative uses such as open storage equipment yards and other non-compatible government functions shall not be permitted within this site. The applicant shall be given the opportunity to review the architectural plans for any facilities planned for this are prior to their construction. Should a requirement for use of a part of this 20 acres develop prior to the above described dedication rate, the applicant will make available at the earlier date a specific are for an immediate specific use. Fire Protection 1) To Assure Adequate Fire Flow: The applicant shall provide for the strategic placement of fire hydrants as required by the Collier County Subdivision K,,~,~;~ ~ DEC O 2 2003 n. Exhibit B- Page 25 Automatic sprinkler systems, water pumps, storage and pressure tanks shall be provided as required by county and state laws. 2) To Assure Adequate Fire Protection Services: A site for the fire station is included within the Governmental Facilities area identified in 13.4.B. above. The fire chief of the North Naples Fire Control District did not recommend the parking pads around the lakes and therefore, the Board of County Commissioners makes no recommendation. Southwest Florida Regional Planning Council Recommendation: E. Recreation RECOMMENDATION Any DRI-Development Order issued by Collier County must stipulate that the applicant shall provide additional beach accesses in order to make available to the public an additional two and one-quarter miles of beach adjacent to the proposed proj ecr Words in bold are additions; words ~h u,.k-tl, oush are deletions. AO~OA IT'EM DEC 0 2 20O3 Exhibit B- This condition has been met in the following sections of the PUD document: 12.05 Recreation Areas Co Do Page 26 Gulf-front Land Thirty-six (36) acres of Gulf-front land plus two (2) acres for upland parking shall be made available as described in Section 2.03 for public ownership. Beach Access Approximately five (5) acres located at the northwest comer of Pelican Bay adjacent to Vanderbilt Beach Road and the Gulf of Mexico hall be developed into approximately 120 parking spaces and then conveyed to Collier County after obtaining the necessary permits. Southwest Florida Regional Planning Council Recommendation: F. Historical and Archaeological Sites RECOMMENDATION Any DRI-Development Order issued by Collier County must stipulate that the applicant shall meet with appropriate officials of Collier County and the Florida Division of Archives, History and Records Management to develop and incorporate into any DP, I-Development Order a management program to assure that any significant archaeological site (specifically the aforementioned sand hills) which may be of interest to the Division be available to it for further studies. The Board of County Commissioners finds that the applicant has recommendation in the A.D.A. document. Words in bold are additions; words shuck-tln uugh are deletions. satisfied this DEC 0 2 2003 Exhibit B- Page 27 Southwest Florida Regional Planning Council Recommendation: E. Emergency_ Evacuation RECOMMENDATION The applicant shall meet with county officials to determine the emergency evacuation requirements of the proposed project. The applicant shall assist the county in implementing the development's emergency evacuation requirements. Any. requirement which may be stipulated by the Collier County Commission must be incorporated into any DRI-Development Order issued for the proposed Pelican Bay Development. The Board of County Commissioners stipulate no additional requirements.. ECONOMIC AND FISCAL ANALYSIS (No recommendation for the Southwest Florida Regional Planning Council on this point.) VII. OTHER CONSIDERATIONS RECOMMENDATION Any DRI-Development Order issued by Collier County shall stipulate that the applicant must provide a phasing program specifying when and what portions of the project site are to be developed (the construction of high; medium and low density areas and single-family; commercial/professional office areas). A phasing program could be included by the county in its PUD document. Words in bold are additions; words shuck-d, uugh are deletions. DEC 0 2 2003, Exhibit B- Page 28 The Board of County commissioners finds that the operation of the "free Market" will dictate absorption and subsequent phasing of the development. The Board is satisfied with the estimated absorption schedule, provided as "Exhibit" I" of the PUD document, as a reasonable estimate of the rate of development of the Pelican Bay project. The phasing/construction program for the Pelican Bay Development of Regional Impact (DRI') shall begin with development in the southeast portion of the project and will proceed northward in conjunction with the expansion of the utility and water management systems, except that the northwest fill area (approximately 98 acres) will be developed within the time limits stated in the applicable permits received for this fill area. Prior to the issuance of any building/construction permits, each project phase shall be approved by the Collier County Board of County Commissioners in accordance with local subdivision regulations and in consonance with the PUD document approved by the Pelican Bay development. Approval of each phase shall indicate the dwelling units to be constructed within the high, medium, low density and single family areas, and development of the commercial/professional office areas. (Resolution 87-228) Pursuant to Chapter 380, Florida Statutes, attraction/recreation shall be authorized as a new category of use in Pelican Bay. Six and one-half(6.5) acres within the area commercial zone shall be made available for use as an attraction/recreation facility. Words in bold are additions; words mTmrk--~'twrm~ are deletions. AC~.I~A ITEM_ DEC 0 '2 2003- Exhibit B- Page 29 Subsection IX Increase in Commercial Square Footage. (RESOLUTION 89-77A) The Pelican Bay Development Order [(D.O. 77-1)] authorized 350,000 gross leasable square footage of office use and 310,000 gross leasable square footage of retail use as identified in the Application for Development Approval. The 350,000 gross leasable square footage is converted to 430,718 square feet of gross building area for office space. The retail space is converted from 310,000 gross leasable square footage to 326,316 square feet of gross building area. The total commercial square footage authorized by Development Order 77-1 is 757,034 gross building area. The Development Order is hereby amended to authorize a total of 1,095,000 square feet of commercial gross building area (subject to the Provisions of Subsection___~) consisting ora maximum of {435,00,0) [560,945] square feet of gross building area for retail space and a maximum of {945,0,0¢) [534,055] square feet of gross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. The increase of 337,966 square feet of gross building area [approved in Resolution 89-77A1 is referred to as the Substantial Deviation Project. A maximum of {640,400} [810,743] square feet of commercial gross building area (containing a maximum of' ...... ~.o.,,,~,,,~ t ~L,u,2} [419,343 square feet of retail and 391,400 square feet of office)] shall be constructed in the Area (South) Commercial District. A maximum of {454,60,0} [284,257] square feet of commercial gross building area (consisting of {304,600) [142,655] square feet of office and { 150,00,0,) [141,602] square feet of retail) shall be constructed in the Community (North) Commercial District (subject to the provisions of Section Three /bUlll-lll~Cllt U}JUII O. UUIJtIUll Ut tile Words in bold are additions; words .... ' ~uu~.~-[,t,~u~. are deletions. DEC 0 2 2003 Exhibit B- Page 30 p~[ ~f ~, 454,60G sqd~ ~%e;.} ~e phasing of ~1 commerci~ squ~e footage is addressed in Subsection X E.4. hereo[ ~enever used herein ~e tern "~oss B~lding ~ea" sh~l me~ the tot~ squ~e footage of ~e bffil~ng including all p~s ~d components ~ereo[ ~d unless o~e~se specified, ~1 squ~e footage reference ~e to gross building ~ea. Subsection X Conditions applicable to the Substantial Deviation Project. (P,,ESOLUTION 89-77A) Words in bold are additions; words............ 1-are ~u uc~-,.,,.,u~,,, deletions. Solid Waste l. The applicant and subsequent tenants of the proj oct shall investigate methods of reducing solid waste volumes at the project. 2. The applicant and subsequent tenants of the project shall identify the proper on-site handling and temporary storage procedures for any hazardous waste that may be generated on site, in accordance with local, regional, state and federal hazardous waste programs. Wastewater Management 1. If any portions of the projects are found to be hazardous wastewater generators, the applicant and subsequent tenants must provide assurance that hazardous wastewater will be segregated from everyday wastewater and handled in accordancewith Florida Department of Environmental Regulation AC,~.NO~TEM (FDER) criteria. ~ ~' O_~ DEC O 2 2003 .,. '7/ Exhibit B- Page 31 Co Water Supply 1. The applicant 'shall consider the utilization of"xeriscape" in the final landscape design for this project. This design application should help to further reduce irrigation requirements for this DRI. The applicant shall incorporate the use of water conserving devices, as required by State Law (Chapter 553.14, Florida Statutes). No irrigation on the property site after the establishment of landscaping should be permitted between 9:00 a.m. and 5:00 p.m., as a water conservation best management practice. D. Energy Existing deed restrictions contain a design review process. As to development of the substantial deviation project, said design review process shall incorporate, where appropriate in saving energy, the appropriate conservation features below, in order to mitigate the energy impacts of the proposed project. The County may, when appropriate in saving energy, impose any of the following as a building permit condition for development in the substantial deviation project. 1. Provision for a bicycle/pedestrian system connecting all land uses, to be placed along arterial and collector roads within the project. This system is to be consistent with applicable local requirements. 2. Provision of bicycle racks or storage facilities. Words in bold are additions; words sti-~ck-thro~,gh are deletions. DEC 0 2 2003 Exhibit B- Page 32 10. 11. Cooperation in the locating of bus stops, shelter and other passenger and system accommodations for a transit system to serve the project area. Use of energy-efficient features in window design (e.g., tinting and exterior shading). Use of ceiling fans. Installation of energy-efficient appliances and equipment. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation). 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. Installation of energy-efficient lighting for streets, parking areas and other interior and exterior public areas. Use of'water closets with a maximum flush of 3.5 gallons and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, Florida Statutes. Section of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. Words in bold are additions; words .......... '~ btl U~,l%-tl. ll ULI~II are deletions. AGENDA ITEM ,,~ DEC 0 2 2003- Exhibit B- Page 33 12. 13. 14. 15. 16. Planting ofnative shade trees to provide reasonable shade for all streets and parking areas. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. Orientation of structures, as possible, to reduce solare heat gain by walls and to utilize the natural cooling effects of the wind. Provision of structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively Consideration by the project architectural review committee(s) of energy conservation measures (both those noted here and others) to assit builders and commercial tenants in their efforts to achieve greater efficiency in the shall be fully responsible for site-related roadway and development. Transportation 1. The applicant Words in bold are additions; words sh~,,k-th, uu~h are deletions. intersection improvements required within the Pelican Bay Substantial Deviation Project. The applicant shall be required to pay the full cost for any intersection improvements (including, but not limited to, signalization, turn lanes, and additional through lanes) found to be necessary to maintain peak season/peak hours LOS "D" by Collier County or the Florida Department of Transportation as appropriate, for the substantial deviation project's access A~IDA ITEM/, No._ DEC 0 '2 2003 Exhibit B- Page 34 intersections throughout all phases of the development. Adequate commitments are being provided by the applicant, local and state government for the necessary standard transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain peak season/peak hour LOS "D" for the impacts of the substantial deviation project as indicated in Table B-4 of the SWFRPC assessment to the following regional and local roadways through project buildout in 2014: US 41 Bonita Beach Road (CR 865) to Collier County line (Lee County) Collier County line to Old 41 Road (South) Old 41 Road (South) to Immokolee Road Immokalee Koad to Vanderbilt Beach Road Vanderbilt Beach Road to Pine Ridge Road Pine Ridge Road to Golden Gate Parkway 5~ Avenue South to Goodlette Road Goodlette Road to East of Davis Boulevard (SK 84) Immokolee Road (CR 865) - US 41 to Airport-Pulling Road - Airport-Pulling Road to 1-75 Pine Ridge Road (CR 896) - Goodlette-Frank Road to Airport-Pulling Road - Airport-Pulling Road to 1-75 - 1-75 to Santa Barbara Boulevard Words in bold are additions; words sh uck4hrough are deletions. DEC 0 2 2003. n. 7 Exhibit B- Page 35 Aiq~ort-Pulling Road (CR 31) - Pine Ridge Road to Golden Gate Parkway - Golden Gate Parkway to Radio Road Vanderbilt Drive (CR 901) - 111t~ Avenue North to Vanderbilt Beach Road Vanderbilt Beach Road (CR 862) - US 41 to Goodlette-Frank Road - Goodlette-Frank Road to Airport-Pulling Road - Airport-Pulling Road to 1-75 Goodlette-Frank Road Immokalee Road to Vanderbilt Beach Road Vanderbilt Bearch Road to Pine Ridge Road Adequate commitments are being provided by the applicant, local or state govemment for the necessary facilities, including, but not limited to, right-of-way, cost of signalization, mm lanes, and other improvements (deemed necessary by the City of Naples, Collier County and/or the Florida Department of Transportation, as appropriate), to mitigate the impacts of the Substantial Deviation Project and to maintain level of service "D" on a peak season/peak hour basis for the intersections of the above-listed road segments with other arterials and maj or collectors shall be required through project buildout. These impacted intersections include: Words in bold are additions; words ~hu~,k-d~,ough are deletions. DEC O 2 2003 Exhibit B- Page 36 US 41 at Davis Boulevard (SR 84) US 41 at Goodlette Road US 41 at 5~ Avenue South Golden Gate Parkway at Airport Road Golden Gate Parkway at Goodlette Road US 41 at Golden Gate Parkway Pine Ridge Road at 1-75 east and west ramps Pine Ridge Road at Airport Road Pine Ridge Road at Goolette-Frank Road US 41 at Pine Ridge Road US 41 at Vanderbilt Beach Road Immokalee Road at 1-75 east ramps US 41 at Immokalee Road US 41 at Old 41 (CR 887 South) The applicant shall fully mitigate the impacts of the Substantial Deviation Project on regional transportation facilities by providing the necessary funding to increase the number of lanes from four (4) to six (6) lanes on US 41 from the Laurel Oak Drive intersection to and including the Gulf Park Drive intersection. Said mitigation funding fully meets the requirements of Department of Community Affairs' Transportation Policy Rule, 9J-2.0255, Florida Administrative Code, exempting all of the Substantial Deviation Project from the Concurrency Management System, except Phase IV as hereina~er specified. Adequate commitment for said funding shall be in place prior to commencement of Phase II as set forth below. The applicant is further mitigating the impacts of the Substantial Deviation Project on the regional transportation facilities by reducing the number of r. qiclontiM ,mite DEC 0 2 2003. ., 77 Words in bold are additions; words ah uCk-th, ut~gh are deletions. Exhibit B- Page 37 allowed in'Pelican Bay as set forth in Subsection XII hereof. The applicant shall be subject to the following phasing schedule: Phase I- The applicant may develop 478,400 square feet of commercial in the Area (South) Commercial District, containing a maximum of 123,000 square feet of retail commercial and a maximum of 227,000 square feet of office in the Community (North) Commercial District. Phase II- When an adequate commitment for funding two additional lanes of US 41 (Laurel Oak Drive to Gulf Park Drive) is made by applicant as set forth above, applicant may develop an additional 45,000 square feet of commercial, containing a maximum of 40,000 square feet of retail commercial in the Area (South) Commercial District. Phase m - When a contract is awarded for the transportation improvement specified in Phase II, applicant may develop an additional maximum of 132,000 square feet of commercial, containing a maximum of 122,000 square feet of retail commercial in the Area (South) Commercial District; provided however that there is Words in bold are additions; words ~hhck4hrough are deletions. DEC 0 2 2003 Pl. Phase IV- Exhibit B- Page 38 authorized a maximum of 640,400 square feet of combined office and retail commercial in the Area (South) Commercial District. When an adequate commitment for funding to increase the number of lanes on US 41 from Gulf Park Drive to Vanderbilt Beach Road from 4 to 6 lanes has been made by governmental or private entities, or a combination thereof, applicant will be allowed to develop ................. " ............. ' to the maximum of 1,095,000 square feet of commercial as specified in Subsection IX, above]. Adequate commitment shall mean a commitment that would satisfy the requirements of the Concurrency Management System of the County's Comprehensive Plan. Words in bold are additions; ~vords sh-~lck-hhrough are deletions. DEC 0 2 2003 Exhibit B- Page 39 General Considerations. 1. All commitments and impacts 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 approval outlined above are officially adopted as conditions for approval. 2. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06 (18), Florida Statutes. 3. If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts, are not carried out as indicated to the extent or in accordance with the timing schedule specified within the Development Order and the phasing schedule specified within the Development Order, then such occurrence shall be presumed to be a substantial deviation for the affected regional issue. 4. The development shall satisfy the requirements of any ordinance, which also requires other developments not subject to Chapter 380.06, Florida Statutes procedures to participate, to contribute its proportionate share needed to accommodate the impacts of the development; or Words in bold are additions; words ~tm~k-th~vush are deletions. DEl; 0 2 2003. Exhibit B- Page 40 o Pursuant to ChaPter 380.06 (16), the applicant may be subject to credit for contributions, construction, expansion or acquisition of public facilities, if the developer is also subject by local ordinance to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of his fair share with the exception of the voluntary contribution set forth in paragraph E.4 with regard to six laning US 41 from Laurel Oak Drive to Gulf Park Drive. This Development Order shall remain in effect for the duration of the Substantial Deviation Project. However, in the event that significant physical development has not commenced within five (5) years from the date of final approval of the Development Order or the mitigation specified in Subsection X.E.4. has not been paid for Phase ri, development approval will terminate and this amendment to Development Order 77-1 shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping, but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of county Commissioners upon request by the developer in the event that Words in bold are additions; words sti~ck-throL, gh are deletions. DEC 0 2 2003 10. 11. 12. Words in bold are additions; words sh~ck-thl-omsh are deletions. Exhibit B- Page 41 uncontrollable circumstance delay the commencement of development. 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 other applicable local, state or federal permitting procedures. The definitions contained within Chapter 380.06, Florida Statues, shall control the interpretation and construction of any terms of this development order. This order shall be binding upon the developer, its assignees or successors in interest. 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. In the event that any portion or section of this Order is determined to be invalid, illegal or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect Pursuant to Section 380.06(15)(C)(3), Florida Statutes 1988, the Substantial Deviation Project is exempt from down zoning or commercial square footage DEC O 2 20O3. Exhibit B- Page 42 intensity reduction for a period of five (5) years from the date of adoption of the amended deVelopment order, subject to the conditions and limitations of the above-referenced section of the Florida Statues., provided physical development commences in five (5) years provided in Subsection 6 hereof. Pelican Bay Development Order is hereby further amended as follows: Subsection XI Contingent Commercial Relocation. (RESOLUTION 89-77A) A. The Neighborhood Commercial District as currently identified on the P.U.D. Master Plan and consisting of approximately 21 acres is proposed to be deleted from the Pelican Bay P.U.D./Master Plan. The Community Development staffis directed to prepare and process the necessary application to rezone said Neighborhood Commercial District to Group 2 Residential without any increase in the overall number of residential units authorized. Staff is further directed to simultaneously prepare and process the necessary application to rezone to Community Commercial the area specified on Exhibit A attached hereto. This additional Community Commercial acreage is adjacent to the currently existing Community Commercial identified on the P.U.D. Master Plan, with the total proposed Community Commercial acreage to be a minimum of 47 and a maximum of 50.2 useable acres exclusive of lakes and roads. Words in bold are additions; words .... ' ..... ' ~L, m,~-u,,uu~n are deletions. DEC 0 2 2003- Exhibit B- Page 43 The rezone petitions proposed in this section are to be processed and considered by the County Planning Commission and the Board of County Commissioners at Public Hearing(s)in accordance with all applicable State Statutes and County Ordinances. B. The development of Phase IV commercial square footage in the Community Commercial Area shall be contingent upon adoption of the rezoning ordinance(s) Specified in Subsection XI A., above. C. There shall be a reduction of 164 hotel room units to be a maximum allowable number of 1336 hotel room units which reduction shall not become an obligation of the applicant unless and until the adoption of the rezoning ordinance (s) specified in Subsection XI A., above. D. The effective date of this Resolution in regard to all matters set forth in this Section Three shall be the same date as the effective date of the rezoning ordinance(s) specified in Subsection XI A., above. (RESOLUTION 89-77A) A. The maximum number of allowed residential dwelling units is hereby reduced to ~ [seven] thousand ~ [eight] hundred {(8600))[(7800)]. B. Hotels as an allowed use in the Group 3 and Group 4 Residential Districts will not be allowed in those Group 3 and Group 4 Residential areas depicted on Exhibit B attached hereto. Words in bold are additions; words ~hu~k-through are deletions. DEC 0 2 2003 Exhibit B- Page 44 Except as specifically provided in Subsection XI effective immediately upon its adoption. Certified copies of this order are to be sent immediately to the Department of Community Affairs, and Southwest Florida Regional Planning Council and Coral Ridge-Collier Properties, Inc. DONE IN OPEN SESSION TI-I/S 20t~ day of March, 1989. A maximum height of one hundred (100) feet is hereby placed on all new structures in the Community Commercial District and the Area Commercial District. above, this Resolution shall become Words in bold are additions; words ~h~,ck4hroagh are deletions. DEC 0 2 RESOLUTI .ON NO. 03- DEVELOPMENT ORDER NO. 03- A RESOLUTION AMENDING THE PELICAN BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER 77-1, AS AMENDED, BY PROVIDING FOR: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER TO REALLOCATE A PORTION OF APPROVED COMMERCIAL SQUARE FOOTAGE FROM THE NORTH COMMERCIAL AREA TO THE SOUTH COMMERCIAL AREA, AND TO REDUCE THE NUMBER OF APPROVED RESIDENTIAL DWELLING UNITS FROM 8600 TO 7,800 RESIDENTIAL DWELLING UNITS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Oevelopment Order 77-1, on April 19, 1977, which approved a Development of Regional Impact (DRI) known as Pelican Bay; and WHEREAS, since April 19, 1977, the Board of County Commissioners has approved several amendments to the Pelican Bay DILl development order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, C. Laurence Keesey of Young, van Assenderp, Varnadoe and Anderson, P.A., .'epresenting WCI Communities, Inc., the successor in interest to Westinghouse Communities of Naples, Inc., and Waterside Shops at Pelican Bay Trust, the owner of a portion of the South ~'ommercial Area within the Pelican Bay (DPd), (hereinafter referred to jointly as "Petitioner"), have ~ ointly petitioned the Board of County Commissioners of Collier County, Florida, to amend the Pelican Bay DRI Development Order 77-1, as previously amended by Resolutions 87-228, and 89- 77A; and WHEREAS, Petitioner has filed a Notice of Proposed Change ("NOPC") requesting that the previously approved, but unbuilt and uncommitted, amounts of commercial (office and retail) uses within the North Commemial Area of Pelican Bay, consisting ora total of 170,343 square feet be reallocated to thc Waterside Shops parcel so as to add a total of 170,343 gross square feet of commercial use (consisting of 36,000 square feet of office use and ! 34,343 square feet of retail use) to the South Commercial Area of Pelican Bay; and to reduce the number of approved residential 1 Words underlined are additions; words :track tF. rcug5 are deletions. ~lq~A ITEM DEC 0 2 2003 dwelling units within Pelican Bay by 800 'units to a maximum of 7,800 units; and WHEREAS, the Petitioner's NOPC to the Pelican Bay DRI does not constitute a substantial deviation from the approved Development Order pursuant to Section 380.06(19), Florida Statutes; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing to consider the Pelican Bay DRI NOPC on November 6, 2003; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on November 18, 2003; NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Subsection IX of the Pelican Bay Development Order, as amended, is hereby amended to read as follows: Subsection IX Increase in Commercial Square Footage. -n.~ Pelic~': Eay Development n.4 ...... ~.^.:~4 ~cn nnn ..... , .... ~, ........ r ....... c ~u~, ~g .... ~..:,4:_g .... e~. ~m ....... ~e retail :pace: ......... 4 ~_ ~ 19,~9 grog: le~ablc 2 Words underlined are additions; words :tr-.:ck through are deletions. DEC 0 2 2003 The Development Order is hereby arlaended to authorize a total of 1,095,000 square feet of commercial gross building area (subject to the Provisions of ~ [Subsection Xl, below)[ consisting of a maximum of 1425,0~tu3} [560,945] square feet of gross building area for retail space and a maximum of 19a. 5,000} 1534,0551 s~tuare feet of gross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. The increase of 337,966 square feet of gross building'area [approved in Resolution 89-77A! is A maximum of t ....... j [810,743] square feet of referred to as the Substantial Deviation Project. · r~n nnm commercial gross building area (containing a maximum of [2°-.5,000~} [419,343 grossl square feet of retail xt-pr [and 391,400 gross squure feet of office uses)] shall be constructed in the Area (South) r a c a ~nn~ [284,2571 square feet of commercial gross building Commercial District. A maximum of t ....... , area (consisting of~vr~na.,~..,~nn~ [142,655] square feet of office and { 150,0~ru2?, [141,6021 square feet of retail) shall be constructed in the Community (North) Commercial District (subject to the provisions of re~o.:~ 'r~.~ [Subsection XI, below)]. Contingent upon adoption of the rezoning m~,,+:^~ [Development ordinance(s) specified in [$cet~.n -ru.~..~.~j [Subsection XI] A. of this t ........... ~ Order[, all commercial square footage authorized by Development Order 77-1 for the Neighborhood Commercial District is hereby rea[located to [either the Area (South) ori the Community .ommcrcial ~ ........ , [Districts] as part of thet~4ca-- .,~,~nn~ imaximum 1,095,000] square feet. The phasing of all commercial square footage is addressed in Section Two E.4. hereof. Whenever used herein the term "Gross Building Area" shall mean the total square footage of the building including all parts and components thereof, and unless otherwise specified, all square footage reference are to gross building area. B. Subsection X, paragraph E.4. of the Pelican Bay Development Order, as amended, is hereby amended to read as follows: 4. The applicant shall fully mitigate the impacts of the Substantial Deviation Project on regional transportation facilities by providing the necessary funding to increase the number of lanes from four (4) to six (6) on US 41 from the Laurel Oak Drive intersection to and including the Gulf Park Drive intersection. Said mitigation funding fully meets the requirements of Department of Community Affairs' Transportation Policy Rule, 9J-2.0255, Florida Administrative Code, exempting all 3 Words underlined are additions; words :track thra~:gh are deletions. DEC 0 2 2003 of the Substantial Deviation. Project from the Concurrency Management System, except Phase IV as hereinafter specified. Adequate commitment for said funding shall be in place prior to commencement of Phase II as set forth below. The applicant is further mitigating the impacts of the Substantial Deviation Project on the regional transportation facilities by reducing the number of residential units al lowed in Pelican Bay as set forth in Section Four hereof. The applicant shall be subject to the following phasing schedule: Phase I - The applicant may develop 478,400 square feet of commercial District, containing a maximum of 123,000 square feet of retail commercial and a maximum of 2277000 square feet of office in the Community (North) Commercial District. Phase II - When an adequate commitment for funding two additional lanes of US 41 (Laurel Oak Drive to Gulf Park Drive) is made by applicant as set forth above, applicant my develop an additional 45,000 square feet of commercial, containing a maximum of 40,000 square feet of retail commercial in the Area (South) Commercial District. Phase llI- When a contract is awarded for the transportation improvement specified in Phase II, applicant may develop an additional maximum of 132,000 square feet of commercial, containing a maximum of 122,000 square feet of retail commercial in the Area (South) Commercial District: provided however, there is authorized a maximum of 640,400 square feet of combined office and retail commercial in the Area (South) Commercial District. Phase IV o When an adequate commitment for funding to increase the number of lanes on US 41 from Gulf Park Drive to Vanderbilt Beach Road from 4 to 6 lanes has been made by governmental or private entities, or a combination thereof, applicant will be 4 Words underlined are additions; words st:ack t?--v, ugh are deletions. DEC 0 2 2003. allowed to develop n~n a~!t~ena! 77,5~ :q'aarz feet c,f effiee ar,~ =n a~t~zna~ ~ 5~,0~ ~"~e feet zfreta~ czmmerc[a~ in maximum of 1,095,000 gross square feet of commercial use, including both office and retail uses, as specified in Subsection IX of this Development Order.[ Adequate co~i~ent shall me~ a co~i~ent that would satis~ the requirements of the Conc~ency M~agement System of the Co~W's Comp~hensive Pl~. C. Subsection ~I of the Pelican Bay Development Order, as amended, is hereby amended to state the following: Subsection XII Additional Conditions. 1. ~e m~imm number of allowed residential dwelling units is hereby reduced to ~:~..~ ...... n .:~ ~,,-~.~ ~o~nm [seven thousand eight hundred (7800)]. 2. Hotels as an allowed use in the Group 3 and Group 4 Residential Districts will not be allowed in those Group 3 and Group 4 areas depicted on Exhibit B attached hereto. 3. A maximum height of one hundred (100) feet is hereby placed on all new structures in the Community Commercial District and the Area Commercial District. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject to the amendment petition is legally described as set forth in Exhibit "A', attached hereto and by reference made a part hereof. B. The Petitioner's application is in accordance with Section 380.06(19), Florida Statutes. C. The changes proposed by this NOPC for the Pelican Bay DR1 involve a relocation of previously approved commercial (office and retail) uses from the North to the South Commercial Area of Pelican Bay and a reduction, by 800 units, of the maximum number of approved residential dwelling units within Pelican Bay DRI. D. The requested amendment to the previously approved Development Order is 5 Words underlined are additions; words :track t,~,rc, ugk are deletions. DEC 0 2 2003 n. qo consistent with the report and review of the SWFRPC. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. The development is not in an area designated as Area of Critical State Concern pursuant to the provisions of section 380.05, Florida Statues. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendation of the SWFRPC. B. The proposed amendment to the 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 to the previously approved Development Order 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. E. The proposed amendment to the Development Order is not a substantial deviation from Development Order 77-1, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE Except as amended hereby, Development Order 77-1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 03- shall be transmitted by 6 Words underlined are additions; words :tr.'-ck tF. rc~ugk are deletions. ^c, mo^rr DEC 0 2 2003 Collier County 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. BE IT FURTHER RESOLVED that this resolution be recorded in the minutes o£this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN Approved as to Form And Legal Sufficiency /T~r'~ Marjorie M. Student Assistant County Attorney 7 '~Vords underlined are additions; words struck tSreugk are deletions. DEC 0 2 2003 EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT TAX CATEGORY "A" FUNDING POLICY FOR BEACH RENOURISHMENT AND BEACH PARK FACILITIES OBJECTIVE: To preserve, protect and enhance the coastal beaches and associated beach park facilities throughout Collier County. CONSIDERATIONS: At the October 14, 2003 County Commission meeting, the Board directed staff to propose a policy that governs the expenditure of Tourist Development Tax revenues for Category "A" beach renourishment and beach park facilities projects. The goal of this proposed policy, attached as Exhibit A., is to maintain and enhance the shoreline beaches and provide visitors and residents convenient public beach access and quality beach amenities. In order to achieve this goal, the proposed policy dedicates portions of Category "A" TDC funds to the specific program areas outlined below: a. Reserves for Ma]or Beach Renourishment Proiects Beginning in fiscal year 2006, (after the completion of the major renourishment project currently in planning and permitting) one million dollars each fiscal year shall be appropriated to a reserve for the next major beach renourishment project. b. Monitoring and Permit Compliance Beginning in fiscal year 2005, the costs of annual monitoring and other permit compliance requirements associated with approved beach renourishment and shoreline protection projects shall be cost-shared (if applicable) with TDC Category "A" funds comprising the same percentage appropriation as in the original project. c. Beach Renourishment Catastrophe Reserves Reserves for emergency beach renourishment in the event of a catastrophe shall be appropriated annually and accumulated in an amount not to exceed 10 million dollars. Two million dollars will be appropriated in fiscal year 2004 and five hundred thousand dollars each fiscal year thereafter, until a maximum of 10 million dollars is established. In the event of a catastrophe requiring the expenditure of all or part of these reserves, five hundred thousand dollars will continue to be set aside each fiscal year until the reserve is replenished. d. Beach Park Facilities Two million dollars each fiscal year shall be appropriated from Category "A" TDC funds for beach park facilities (including beach access property acquisition). This funding allocation shall be adjusted annually in an' amount equal to the percentage change in TDC Category "A" revenues. The proposed policy, attached as Exhibit A, incorporates elements from individual beach renourishment policy proposals previously prepared and submitted to the Board by County staff and the Coastal Advisory Committee. The original staff policy proposal,, attached as Exhibit B, was developed to address the funding shortfall both for beach renourishment and public beach access acquisition. Staff's policy proposal essentially linked the expenditure of TDC Category "A" dollars for beach renourishment to the availability of public beach access. The staff funding proposal was based primarily on federal and State beach renourishment funding standards that outlined a public/private cost share arrangement for certain projects based on the frequency and quality of public access provided along a given section of beach. Conversely, the Coastal Advisory Committee proposal, attached as Exhibit C, placed a premium on beach renourishment over access. Eligibility for Category "A" beach renourishment funding was defined in a way that included virtually all shoreline beaches with full renourishment reserved for "high use" beaches and a lesser level of renourishment earmarked for "low use" beaches. The proposed staff policy, Exhibit A, attempts to strike an appropriate balance between the vital need to maintain and enhance the beaches with the equally vital need to provide convenient, useable public access to these same beaches. Clearly, the TDC dollars available to fund these initiatives are insufficient to fully accomplish both goals. For example, the dedicated annual appropriation proposed for beach park facilities will not provide sufficient funds to both build and improve parking facilities, restrooms, boardwalks, concession facilities, etc and also purchase enough property for additional access. In this respect, the Revenue Commission, as previously directed by the Board of County Commissioners, is in the process of reviewing potential alternative revenue sources for beach access. Conversely, the proposed funding allocations recommended in this policy will encourage additional public beach access or require project sponsorship for certain renourishment projects either by private or public interests along some segments of the shoreline beach. FISCAL IMPACT: The anticipated revenue for Tourist Development Tax Category "A" in fiscal year 2004 is $5.6 Million. The fiscal year 2004 budget, including reserves, is $19.1 Million. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to ensure that access to beaches, shores, and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." That section further states, "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project." RECOMMENDATION: Approve the proposed Tourist Development Tax Funding Policy attached as Exhibit A. Category "A" NO._ {'c~ _ 2 2003 DEC O.z -- Jac~k W'~, Tourism Director REVIEWED BY: ~ Date:[///~°/ X~n Hovell, P.E., SpeCial Projects Manager / REVIEWED BY: ~-/~ ' ~ ~ Date: J~'m Dunnuck, Public S, ervif, es~dministrator APPROVED BY: .... ~2-~r c4..,)~'~ ~ Date: ....--~"-'"Ja~.~ es W. DeLony, P.E., Pubxlj'c Utilities Administrator / BEC ~ 2 2003 TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Categor~ "A" funds. Category "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2. Source of other funds. Federal or State funds are desirable and should be diligently pursued. 3. Mandatory annual budget allocation of funds and maintenance of reserves. ao Catastrophe reserves shall be accumulated in the budget with $2M in 2004 plus $0.5M per year thereafter ($2.5M in 2005, $3M in 2006, etc. up to a maximum of $1 OM). In the event of a catastrophe requiring the expenditure of all or part of these reserves, $0.5M will continue to be set aside. bo Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project. Major renourishment reserves shall be accumulated in the budget with $1M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). Beach park facilities (including beach access property acquisition) shall be funded at $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Eligibility. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half miie from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Level of use. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. / o Ex}ib~A 9/ _ 6. Level of service. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. c. Additional Category "A" funding may be provided for eligible Iow use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach tilling, will be funded the same way as the bypassing. 8. Shore protection structures and project sponsorship. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. ExlibiPJ ¢ 0 2 2003 COLLIER COUNTY TOURIST DEVELOPMENT TAX FUNDING POLICY FOR CATEGORY 'A' PROJECTS I. Authority: Florida Statute FL Statute 125.0104(5)(a)4: "To finance beach park facilities or beach improvement, maintenance, renourishment, restoration, and erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, or inland lake or river." Purpose: Beaches and passes are primary resources for attraction of tourists. Therefore, the care and maintenance of these resources is a primary goal of tourist tax expenditure. [from -1 O-year old TDC beach funding policy] Eligible Activities: [much from the same old TDC policy] - Beach access acquisition - Beach park facilities improvement - Maintenance of public bridges and public walkovers - Beach restoration and re-nourishment, including design, permitting, etc. - Beach erosion control structure construction - Beach cleaning, raking and grooming - Beach access acquisition and improvement - Beach park improvements - Pass management, dredging and maintenance (sand placed on the beach) - Design and engineering for beach re-nourishment and pass dredging projects including all permitting functions incidental to those projects - Cost of follow-up management and monitoring studies Priorities and Funding Philosophy: Public use is paramount. Acquiring, developing and improving beach access and parks is the highest priority. Beach maintenance is the second priority and though storm and erosion protection for properties adjacent to beaches are important, they are not the focus of tourist tax funds. The various calculations and percentages that follow are to determine the tourist tax funding amount only and are not meant to impose any particular cost-sharing formula on property owners. I. BEACH ACCESS ACQUISTION The priority of beach access acquisition and access improvement will be determined by the policies, goals, and objectives established in the Beach Access and Boat Launch master plan as adopted by the Board of County Commissioners, effective per Resolution. II. EXISTING BEACH ACCESS / BEACH PARK FACILITIES Public access is the focal point &the state and federal cost-sharing programs. The Collier County Growth Management Plan Section 10.2 states "If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project". In order to leverage non-local funding, it is critical that public access development take precedent over all other eligible categories. / DEC O 2 2O03 BEACHES The beaches adjacent to the following categories of upland properties (including adjacent properties within distances addressed below) are considered the primary goal of tourist tax funding: Public beach parks and lands Hotels The more use (setting up with chairs or blankets, etc.) a particular stretch of beach receives, the more likely people will walk to find an open area. While walking along the shoreline is common, this is not the primary definition of beach use. Beach use is driven by the availability of access whether by parking, access points near residences, hotel guests, or beach residences. Accordingly, the following shoreline distances will be considered the highest priority for funding (reference to public land does not include state-owned land seaward of the Erosion Control Line but rather to property adjacent to the beach): For public beach access points with at least 100 public parking spaces as well as restroom facilities, one half mile along the shoreline in each direction from the property lines of the beach access point, including the length of public land along the shoreline [criteria from FDEP Beach Erosion Control Program] For public beach access points with less than 100 public parking spaces or without restroom facilities, 1,000 feet in each direction from the property lines of the beach access point, including the length of public land along the shoreline [FDEP Beach Erosion Control Program is based on a linear calculation with the number of parking spaces] - For public lands without adjacent parking, the length of public land along the shoreline - For hotels, the length of the hotel property along the shoreline [consistent with FDEP Beach Erosion Control Program] Beaches are typically maintained in segments rather than property by property (a segment is defined as one continuous length of beach planned for maintenance, not inlet to inlet). Beach projects will be funded using the percentages below to calculate the tourist tax share of the project costs. The remaining project costs are to be cost-shared as determined by the beach segment adjacent property owners and the Board of County Commissioners. Tourist taxes will fund all project costs for public and hotel properties. 1. Properties within the distances above (1/2 mile Or 1,000 feet): Up to* 100% of the project costs of the highest priority public properties but outside the distances above: - For multi-family residences, up to* 90% of the related project costs - For single-family residences, up to* 75% of the related project costs Properties in a beach segment with the highest priority properties and in between two .0. /o /Y.- DEC 0 2 2003 Exhibit'S. 7' - - For other properties, up to* 50% of the related project costs 3. Properties in a beach segment with the highest priority public properties but outside the distances above: - For multi-family residences, up to* 75% of the related project costs o For single-family residences, up to* 60% of the related project costs For other properties, up to* 50% of the related project costs o Properties in a beach segment without any of the highest priority public properties: For multi-family residences, up to* 30% of the related project costs For single-family residences, up to* 25% of the related project costs For other properties, up to* 20% of the related project costs * based on funding availability, percentages may be lowered proportionally (any state or federal funding participation will be treated as reimbursement to the Tourist Tax funds) PASS MANAGEMENT, DREDGING AND MAINTENANCE Dredging will only be considered for placing sand on a beach. The percentage of Tourist Tax funds will follow the same funding calculations as beaches based on where the sand xvill be placed. Dredging will be accomplished efficiently and Tourist Tax funds will not be used strictly for navigation dredging. Sand by-passing, as recommended in the inlet management plan, will be funded with Tourist Tax funds. If"out of cycle" dredging becomes necessary to support navigation, either I) requirements for sand by-passing, typically an available quantity to be dredged, will be reviewed for potentially shortening the cycle or 2) Tourist Tax funds may be used based on the unit prices of the last previous dredging event and any excess costs will be absorbed by other funding. [PROPOSED] BEACH FUNDING POLICY AS RECOMMENDED BY CAC SEPTEMBER 11, 2003 Reference is made to the Report on Funding Policy for Beaches of Collier County prepared by the Collier County Coastal Advisory Committee on August 12, 2003 and the TDC Sub- committee on August 21, 2003. 1. Use of funds. The use of Category 'A' Tourist Development Tax Funds for beach renourishment, to the extent described below, shall precede the acquisition of additional beach access, based on the voters' intent in establishing the category 'A' funding and the need for beach access being dependent on an acceptable standard of shoreline beach. 2. Source of funds. Federal or State funds are desirable and should be diligently pursued but are a supplement to, not a basis for, category 'A' funding, due to the unpredictable availability, amount and timing of such funding. 3. Eligibili~. Eligible beach areas qualify for category 'A' funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital area subject to abnormal erosion as recognized by the Coastal Advisory Committee, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 4. Level of use. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Losv use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 5. Level of service. Eligible beach areas qualify for category 'A' funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. c. Additional Category 'A' funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 6. Additional uses. The use of category 'A' funding for the acquisition and development of additional beach access with category 'A' funding is encouraged provided category' ' f'-'~ ~^ ~ .. remain after implementation of this policy. M0. Exhi'Tt C[3 E C 0 7. Grattt Application Review. The Coastal Advisory Committee, in interpreting Ordinance 2001-03, will prepare and maintain a proposed annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plan will be submitted to the BCC for their consideration and approval, via the TDC. This submission will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee ~vill review all requests for Tourist Development Tax Category "A" funds and make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. Z-03 03=[5P NaXo~ Bonnte R. NacKenz~e g4! Z]3-]O~O P.02 MAYOR BONNIE R. MACKENZIE VICE MAYOR GARY GALLEBERG CITY COUNCIL R. JOSEPH HERMS ~qL,LIAM R. MACILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN November 7, 2003 Chairman Henning: On October I4m, three members of the Collier County Board of Commissioners voted to reject a policy proposed by the Coastal Advisory Committee regarding the use of Category 'A' Tourist Development tax funds. A second motion directed the County Manager to disregard the recommendations of the Coastal Adv/sory Committee and to resubmit the county staff proposal which ranked beach maintenance secondary to beach access acquisition and limited the availability of tourist development taxes for beach maintenance projects. During our meeting of November 7% the members of the Naples City Council voted to notify you officially of our unanimous opposition to the actions of the Board of County Commissioners and to reaWu-m our support for the policy proposed by the Coastal Advisory Committee. The Naples City :Charter mandates the condition of the beach with/n the jurisdictional boundaries of the City of Naples to be the responsibility of the Naples City Council. We consider the ramifications of your actions to be unmistakable, serious and significant. We w/Il discusa-th/s.bssue again during our November 17u~ workshop and our November I9th City CoUncil ~.i~r!d have asked .the City Manager to prepare the necessary papers to reinstate the City's Beach Renouri~hment Committee. ..' ' In the interim, we strongly encourage you to reconsider your decision. Very truly yours, Mayor Copy to: Honorable Members of the Board of County Comxn/~/onera Honorable Members of the Naples City Council Honorable members of the Marco Island City Council County Manager Jim Mudd City Manager Bob Lee City Manager Bill Mo~ County Attorney David Weigel City Attorney Bob Pritt DEC - 2 2003 Pg. 735 E{ol.rrH 5'TRE~'T SOUTH · NAPLES, FLORIDA 34102-6796 'I'I~.J3PHONE (239) 213-1000 · FAX (239)213-1010 City November 13, 2003 1,10¥ 1 2OO3 Honorable Tom Henning, Chairman Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 ~ Re: Funding Policies for Beach Maintenance Dear Chairma~_o--H~ing:~ I~ .- On November 10, 2003 the Marco Island City Council discussed the actions of the Board of County Commissioners taken on October 14ato reject the recommendations of two County advisory committees regarding a funding policy for beaCh maintenance. The pOlicy recommended by the Coastal 'Advisory~ Committee and the Tourist Development Council was deemed by your appointed citizens to be a SignifiCant step forward in prioritizing beaCh funds and providing additional access with apprOpriate cost sharing. The Marco Island City Council was disappointed to learn that County Manager Mudd was directed to disregard the recommendations and' resubmit a staff proposal that ranked beach access acquisition a greater priority than beach maintenance. We believe the Board's decision is .contrary to the will of the people who authorized the establishment of Category "A" Tourist Development Tax Funds by referendum for the purpose of beach renourishment and beach .maintenance. While we recognize the cAc and TDc serve in an advisOry capacitY,. we 'are Surprised that recommended Policies that 'received sUbStantial Support 'frOm citizens who have demonstrated their technical expertise and leadership in Collier County would be outright rejected by the County Commission. We believe that the Board of County Commissioners is acting on incomplete information and flawed assumPtions .that additional .access will receive Significantly more funding from federal and state governments for 'our'beaches,. tt is .prudent to assume that our federal'and state governments, with their limited fun_din?, sources, Will 50 Ball Easle Drive, Marco lslan,l, Florizla DEC - Honorable Tom Henning, Chairman November 13, 2003 Page 2 · direct their reSources to areas with significantly greater pri°fities' We believe' the significant demand for federal and state dollars will diminish the opportunities for Collier COunty to receive grant support. Reliance on these sources of funds is not a practical approach to plan and protect the beaches of Collier County. We also believe that the Collier County electorate supported TDC tax funds for beach renourishment and maintenance, and not for the purchase of property for public beach access. While the goal to acquire additional access may be considered a worthy goal, attaining that goal at the expense of beach renourishment and maintenance is not. We respectfully ask that the Board of County Commissioners reconsider its decision. Michael F. Minozzi, Jr. Chairman, Marco'lsl.and City. coUncil MFM/bai cc: City Council Naples City Council Jim Mudd, County Manager Bob Lee, Naples City Manager DEC -~ k~J November 17, 2003 Presidents Council Greater Naples Property Owners Association P.O. Box 1894, Naples, FL 34106-1894 NOV 2 U 21~3 ACllON, County Commissioners Collier County Government Center 3301 U.S. 41 East Naples, FL 34112 Dear Commissioner: As you are probably aware, the Presidents Council of the Greater Naples Property Owners Association represents approximately 50,000 residents in Collier County. At its meeting on November 7, a motion was made and passed by a unanimous vote of the representatives present that the Association write to the Collier County Commissioners stating the Association's support of the Funding Policy for Category A Projects proposed by the Coastal Advisory Committee to the Board of County Commissioners at its October 14, 2003, meeting. Although the Presidents Council generally supports the expenditure of funds where needed for beach access, such as improving the state parks and reducing fees, we believe that the tourist development tax was not created for this purpose and was to be used for beach renourishment. We believe that any monies to be appropriated by the Commission for beach access should be done through a vote by the voters in Collier County. Your attention to this request is very much appreciated. Sincerely, Richard Laughlin, Chair c County Manager Jim Mudd ./ Coastal Advisory Committee DEC - 2 2003 RECEIVED COUNTY MANAGER OFFICE NOV Z 1 200 COLLIER COUNTY BE~.k'~BLU~ g~HRC~? COM.,~,ITTEE Nra~t~¢ C,_'ty.u~".... 735 Eighth Street, South Naples FL 34102-6796 November 18, 2003 The Honorable Tom Henning, Chairman Board of Collier County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Chairman Henning, The action taken by the Board of County Commissioners regarding a funding policy for beach maintenance is of serious concern to our coastal communities. We have formed a Beach Blue Ribbon Committee with representatives of 25 organizations and businesses from Vanderbilt Beach, Pelican Bay, Naples and Marco Island. Collectively, our committee represents over 50,000 people. The Committee strongly objects to the action of the Board of County Commissioners to divert Tourist Development tax Category "A" funds from beach maintenance to acquisition of additional public access. The Committee will vigorously oppose, politically and legally, any continued effort to divert funds for any non-beach maintenance purpose. The Committee highly recormnends the Board of County Commissioners reconsider and adopt the policy proposed by the Coastal Advisory Committee and Tourist Development Council. Very truly yours, ~lleber'~~ Vice-Mayor, ~es Chairman Xc: Collier County Commissioners Marco Island City Council Naples City Council Mr. James Mudd, County Manager Mr. Bill Moss, Marco Island City Manager Dr. Robert E. Lee, Naples City Manager Mr. Jack Wert, Tourism Director cL~ss~cFlorida MEMORANDUM DATE: November 24, 2003 TO: FROM: SUBJECT: Board of County Commissioners Collier County, Florida Jack Wert, Tourism Direct ,. TDC Request At the regularly scheduled November 24, 2003 meeting of the Collier County Tourist Development Council (TDC), a recommendation was unanimously passed concerning the proposed Category "A" Beach Funding Policy. The TDC members requested a Resolution be sent to the Board of County Commissioners (BCC) requesting that their vote on the proposed policy be postponed until the December 16, 2003 BCC meeting. The TDC members felt that their statutory responsibility includes a review and resulting recommendation on all expenditures of tour/st tax funds. The desire of the TDC is to review the proposed policy at the December 9 joint BCC/TDC work session and then make a recommendation to the BCC for further action at their December 16 BCC meeting. The TDC Resolution is attached. Convention & Visitors Bureau 3050 N. Horseshoe Drive #210, Naples, FL 34104 T (239) 403-2384 · F (239) 434-5066 E jackwert@colliergov, net· W www. classicflodda.com RESOLUTION NO. 2003 - A RESOLUTION OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL REQUESTING DEFERRAL OF BEACH POLICY. WHEREAS, the Tourist Development Council submitted a beach policy to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners reviewed the beach policy from the Tourist Development Council and asked staffto revise it; and WHEREAS, the Board of County Commissioners is scheduled to review the revised beach policy on December 2, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE TOURIST DEVELOPMENT COUNCIL, that the Tourist Development Council requests the Board of County Commissioners to defer the beach policy issue until full discussion of the Tourist Development Council and Board of County Commissioners takes place at the joint workshop scheduled for December 9, 2003. THIS RESOLUTION ADOPTED this 24t~ day of November, 2003, after a motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk TOURIST DEVELOPMENT COUNCIL Deputy Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney By: GARY GALLEBERG, Vice Chairman DEC - z 2uu3 EXECUTIVE SUMMARY REVIEW STAFF RECOMMENDATIONS FOR FURTHER ASSESSMENT OF ALTERNATIVE ADMINISTRATION OF THE COLLIER COUNTY AIRPORT AUTHORITY AND ORDINANCE REVISIONS AND PROVIDE DIRECTION OBJECTIVE: To obtain the Board of County Commissioners (Board) direction regarding proposed recommendations for further assessment of potentially viable alternatives for administration of the Collier County Airport Authority (CCAA) and proposed interim revisions to the Airport Authority Code of Laws and Ordinances and Collier County/Airport Authority Agreement for Repayment of County Advances to the Airport Authority. CONSIDERATIONS: Upon directive from the Board during regular meetings on December 12, 2002 and January 14, 2003 and Strategic Planning Session conducted on February 28, 2003, staff has worked with Commissioner Coyle in reviewing and assessing the Collier County Airport System and alternatives for administration. Based upon our evaluation of potential options for administering and operating the airport system, included in the Airport System Assessment Progress Report dated July 17, 2003 (Attachment A, page 7), recommendations were forwarded to the CCAA for their comments prior to submission to the Board. Staff' s recommendation of potentially viable alternatives (Attachment B, page 20) and the CCAA comments on each (Attachment C, page 22) as listed below are being provided for Board consideration and, if appropriate, subsequent staff direction: I. Recommendations for Further Assessment/Action by the Airport AuthoriD': Recommendation A: That the Board formally request that the Naples City Council and Naples Airport Authority (NAA) enter into discussion with the CCAA to determine if some type of merger of the two Authorities would be mutually beneficial to both entities, resulting in increased economic viability (economies of scale) and improved aeronautical activities throughout Collier County. As the Board-appointed liaison for the CCAA and Airport System Assessment, Commissioner Coyle should be asked by the Board to participate in deliberations with the Naples City Council, NAA, and CCAA. CCAA Comments A: No opposition No. I (~ ix~ _ DEC - 2 2003 Recommendation B: That the Board direct the CCAA, possibly in conjunction with the NAA, to determine the best use of the Everglades Airpark property as it relates to the overall aeronautical activities in Collier County. Such should include research into the potential of rezoning and sale of the property, with the proceeds of such first being used to repay any lease and grant award funding, if such is required. Secondly, the remaining proceeds should be utilized to make capital improvements at the Immokalee and Marco Island Airports. The Board should direct the CCAA not to expend any Federal Aviation Administration (FAA) grant funds on the Everglades Airpark, until the disposition of this item is decided. CCAA Comments B: A majority of the Authority recommends that no action be taken where: 1. Grant assurances have not been met or would be broken; 2. Where safety of aeronautical activities would be compromised, and 3. Where a "Notice to Proceed" has been awarded. A majority of Authority members state that "research" demanded by this task exceeds staff capability and comes to the position that Everglades Airpark is the best public purpose for that property. They further state that before any claim is made for this property a formal economic benefit study should be completed. Recommendation C: That the Board require the CCAA to outsource the Immokalee Regional Airport Industrial Park to a real estate firm or developer on a commission basis. This was also recommended by the Economic Development Council in their Airport Study Commission Report, Recommendations for the Collier County Airport Authority, dated May 28, 2003 (Attachment D, page 24). CCAA Comments C: Immokalee Foreign Trade Zone and the Industrial Park are evolving and, as such, have never been available for wholesale commercial real estate management. A majority of the Authority have reservations about mandating actions now or in the future without revising the ordinance. Recommendation D: That the Board direct the CCAA to advertise a Request for Proposal (RFP) for outsourcing the operations of the Immokalee Airport. CCAA Comments D: A majority of the Authority 'believes that it is prudent to review all activities for outsourcing; however, before such action is deemed appropriate it was our consensus that a review of consequences waslappro,~:~! [ No._ I i DEC - 2 2003 That said, outsourcing, as an outcome of an RFP should only be undertaken providing the Authority retains the ability to continue development of Immokalee Airport and all adjacent facilities through Federal Aviation Administration and Florida Department of Transportation grants. Paramount in any outsourcing agreement must be a stated level of service consistent with safety and security dictates. The Authority should also reserve the right to reject any or all proposals that do not serve the best interest of general aviation as determined by the County. II. Recommendations for Interim Revisions to the Airport Authority Code of Laws and Ordinances and Agreement for Repayment of County Advances: Should the Board direct action on items contained in Section I, staff recommends that, in the interim while deliberations are proceeding, the Board consider adopting the following amendments to the Ordinance and Agreement: A. Amendments to Ordinance 95-67, as amended: Clearly define that any funds recognized from the sale of durable goods purchased by the CCAA with County General Fund (001) monies are to be refunded to the County General Fund. CCAA Comment: No comment or objection 2. Final approval of grant awards must be authorized by the Board. CCAA Comment: No comment or objection Require that the CCAA schedule and conduct at least one workshop annually with the Board prior to submission of their budget request. CCAA Comment: No comment or objection 4. Long-term leases in excess of 5 years must be ratified by the Board. CCAA Comment: No comment or objection o Require annual submission of an update to the 5-year Strategic Business Plan (Master Plan) to accompany the tentative annual budget request. CCAA Comment: No comment or objection Require the CCAA to provide the Board with quarterly financial reports, including the status of grant and lease activities.. CCAA Comment: No comment or objection The Board must authorize any national search for the CCAA Executive Director position, prior to the occurrence of such. CCAA Comment: No comment or objection o The Board is to ratify the appointment of, and proposed employment agreement, of the CCAA Executive Director prior to any offer of employment. CCAA Comment: A majority of Authority members who believe that, as stated in the Authority's comments in Section I. C., mandates of this nature relegate the Authority to little more than advisors. Procedurally, it would appear more prudent to provide a notice of intent to begin a national search, attach a job description and a proposed Employment Agreement for information to the Board. The Authority should be permitted to choose the best qualified, or reject all applicants, and, before offering a position, obtain Board approval. Real property considerations, where the CCAA seeks capital sponsorship from the General Fund, should be ratified by the Board. CCAA Comment: Paragraph 9 is not clear. We assume that it could relate to II. A. 2. (Recommendation that final approval of grant awards must be authorized by the Board.) As a general practice, the budget approval process was designed to accomplish notification; however, recent indications are that this needs to be formalized and the Authority would not object to inclusion of some safeguard. Staff Response to CCAA Comment: Staff withdraws this recommendation, as it is duplicative of item II. A. 2. 10. Correct 5 scriveners errors contained in the current Code of Laws and Ordinances (Attachment E, page 25). CCAA Comment: No comment or objection B. Collier County/Airport Authority Agreement tbr Repayrnent of County Advances to the Airport Authority: Staff recommends the revision of references to "net income" status for determining when repayments are required, contained in the July 25, 1995 Collier County/Airport Authority Agreement for Repayment of County Advances to the Airport Authority (Attachment F, page 40), to wording acceptable to the Clerk of Courts. CCAA Comment: No comment or objection A listing of attached reference documents is appended to this Executive Summary. FISCAL IMPACT: There is no direct fiscal impact associated with the recommendations contained in this Executive Summary. The recommendations for further assessment and actions by the Airport Authority are for the purpose of determining if cost savings can be realized. The fiscal impact associated with the implementation of any item under further consideration will be determined at the time such action is presented to the Board. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan (GMP) associated with this item. The GMP sets no Level of Service Standards (LOSS) for airports or support facilities, and, therefore, airports and their support infrastructure are not inventoried public facilities. RECOMMENDATION: That the Board provide direction to the Airport Authority and staff as deemed appropriate. SUBMITTED BY: APPROVED BY: ~,~O1/~ ~ Date: 11. Winona Stone, Assistant to the County Manager James V. Mudd, County Manage No. i DEC - Z 20U3 BOARD OF COUNTY COMMISSIONERS DECEMBER 2, 2003, AGENDA ITEM 10B LISTING OF ATTACHED REFERENCE DOCUMENTS ATTACHMENT TITLE PAGE ti Airport System ASsessment Progress Report, July 17, A 2003 7 Letter to Collier County Airport Authority, November B 6, 2003, soliciting comments on staff 20 recommendations Memo to County Manager from Airport Authority C Chairman, November 10, 2003, providing comments 22 on staff recommendations Extract of Economic Development Council, Airport Study Commission Report, Recommendations for the D Collier County Airport Authority, May 28, 2003, 24 recommending outsourcing the development and leasing of the Immokalee Industrial Park Current Code of Laws and Ordinances, Chapter 18 E Aviation, Article II county Owned, Operated or 25 Maintained Airports Collier County/Airport Authority Agreement for F Repayment of County Advances to the Airport 40 Authority .... July 25, 1995 Collier County and Naples Airport Authorities G Property Acreage and Market Values, including GIS 44 Aerials Estimated Distribution Amounts for Collier County H Airport Authority Advances from the Board of County 49 Commissioners, Including Interest through FY 02 ATTACHMENT A Memorandum To: From: Date: Subject: Board of County Commissioners James V. Mudd, County Manager July 17, 2003 Airport System Assessment Progress Report The purpose of this memo is to provide you with progress on staff's evaluation of the options for administration of the three Collier County Airports. Any change in the way the Airports are currently administered will require, at a minimum, an amendment to Ordinance 95-67 (as amended), the Airport Authority's governing ordinance. Most options will likely require both Florida Department of Transportation (FDOT) and Federal Aviation Administration (FAA) approval. Some options would require changes to State Statutes. Approvals from other governmental and grant agencies may also be required. The May 24, 1994 lease agreement between Collier County and the Airport Authority may need to be revised or terminated. Airport Authority sublease agreements may also need revision or termination. The comments on options for alternative administration of the airports contained in this memo are based on information available tO date and staff is continuing efforts to obtain pertinent and reliable information. Requests by staff for the production of important documents and data have not always been fruitful. For example, both Airport Authority staff and FDOT staff have been unable to provide the dollar amount of grant obligations that may need to be repaid if one or more options were selected. Also, the Airport Authority has not as of this date submitted their 5- year Business Plan. Airport Authority staff is unable to provide the annual number of arriving and departing flights for each of the airports (they are not legally required to track this information). Therefore, once the Board has directed staff to further pursue one or more options, additional in-depth professional research will be needed to determine the full financial and legal implications of the selected option(s). . No. Db...,..; - ~ 2ou3 I of 6 CM drive: Collier County Airport Authority options for administration/Mudd memo .... Legal opinions, title searches, and requests for state, federal, and other governmental agency comments and approval are all likely to be required. In an effort to assess interest in operating or purchasing one or more of the airport properties, I have had discussions with the following: Ted Soliday, Naples Airport Authority Executive Director, reference memorandum. See Attachment itl. Bob Ball, SWFIA/Lee County Port Authority Executive Director, reference memorandum. See Attachment//2. Buddy Smith, Naples Realty Services, Inc., interested in purchasing Everglades Airpark property for single family housing development, reference memorandum. See Attachment//3. Conservation Collier, interested in obtaining some or all of Everglades Airpark property Parks and Recreation, interested in some or all of Everglades Airpark property to construct boat launch facility and park Bill West, Airport Authority Chairman, and Gene Schmidt, Interim Executive Director, reference memorandum. See Attachment #4. Issues, hindrances, restrictions, and potential penalties: Everglades Airpark Property: 1. The County acquired the Everglades Property on June 18, 1968, by warranty deed for $10 from Everglades City Properties, Inc. No reversionary clause is contained in this deed. 2. Although the County owns the property, it is zoned by the Everglades City Council. Current zoning is AC (Aviation Commercial), and as such is currently limited to aviation- related uses, related commercial and light-industrial uses, and a limited range of convenience commercial uses. If the property were to be used for purposes other than an airport, the City Council would have to re-zone the property. Current market value for the 31.72 acres is $755,365 under the current zoning. A rough estimate of the land value if the property were rezoned residential is $7.6 million. 3. Residents of Everglades City, as well as, current users of the airport may have different opinions as to what the County should do with this property. 4. All grant funds received for improvements of the Everglades Airpark were from the FDOT. The total amount of grant funding received through the end of FY 02 is $1,096,808.05. Any grant funds received in FY 03 would need to be added to this amount. There is a potential liability to the County for the repayment of the full amount, or some portion thereof. The amount would be determined by the FDOT; however, the maximum amount would be the total amount of grant funds received, as interest and penalties are not applicable. The FDOT has not established precedence in this area; i.e., no Florida airports that have received FDOT grant funds have been sold or ceased airport operations. CM drive: Collier County Airport Authority options for administration/Mudd memo .... 1~ ~2of6 5. All three County airports, including Everglades, are general aviation airports included in the National Plan of Integrated Airport System (NPIAS). Membership in NPIAS is required for an airport to be eligible to receive federal grants under the Airport Improvement Program (AIP). To date Everglades Airpark has not received any AIP grant funds; however, the Authority is in the process of applying for funding under this program. Based on FAA data, the Airpark barely meets the minimum standards for NPIAS classification. Given its marginal level of operations, it is likely that the Airpark could be withdrawn from the FAA's NPAIS. 6. There are currently 8 T-hangar and ramp tie-down leases that can be terminated by either party with at least 30 days advance written notice. One property sublease runs on a month-to-month basis. The only other subtenant lease expires on October 31, 2006. A legal opinion is needed to determine what penalties, if any, the County would likely incur for early termination of this agreement. The dollar amount is expected to be relatively insignificant. Marco Executive Airport Property: 1. This property was obtained by quitclaim deed in exchange for property located within the Fakahatchee Strand State Preserve. The reversionary clause included in the deed states that the property shall revert to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida if the property ceases to be used as an airport. There does not appear to be any restriction in the deed regarding the selling or leasing of the airport property as long as it would continue to operate as an airport. The deed does include that the State retains some of the mineral rights. 2. Collier County Ordinance No. 2001-345 and Memorandum of Understanding (MOU), both dated September 11,2001, delimits the development areas of the airport. The airport property outside the development area is encumbered by a perpetual conservation easement. 3. All grant funds received for improvements of the Marco Executive Airport were from the FDOT. The total amount of grant funding received through the end of FY 02 is $2,223,440.18. Any grant funds received in FY 03 would need to be added to this amount. There is a potential liability to the County for the repayment of the full amount of this grant money, or some portion thereofi The amount would be determined by the FDOT; however, the maximum amount would be the total amount of grant funds received, as interest and penalties are not applicable. As previously mentioned, the FDOT has not established precedence in this area. 4. There are currently 16 T-hangar and ramp tie-down leases that can be terminated by either party with at least 30 days advance written notice. Of the 16 other subleases, 6 are on a month-to-month basis. The remaining 10 subtenant leases expire on October 24, 2003 (1), April 14, 2004 (1), November 30, 2006 (6), September 30, 2019 (1) and February 28, 2023 (1). A legal opinion is needed to determine any penalties to the County for early termination of any or all the leases. -, 2uu3 PO- ~of6 CM drive: Collier County Airport Authority options for administration/Mudd memo .... Immokalee Airport Property: I. This property was obtained by quitclaim deed in 1960 under the Federal Surplus Property Act. It contains a clause that the property shall be used for public airport purposes for the use and benefit of the public. Except as provided in the following statement, the property may be re-transferred only with the proviso that any such subsequent transferee assumes all the obligations imposed by the deed. The property may not be used, sold, salvaged, or disposed of for other than airport purposes without the written consent of the FAA. The FAA will only grant consent if it determines that such can occur without materially or adversely affecting the development, improvement, operation or maintenance of the airport at which such property is located. Therefore, it appears the County, with FAA approval, could sell or lease the airport. Although the FAA has permitted and even encouraged some limited forms of privatization, such as contracting for airport management or allowing private companies to develop and lease terminals, it has, in the past, questioned the sale or lease of an entire airport to a private entity. A Deed of Release, dated June 9, 1965, released the County from the "national emergency use" provision contained in the 1960 quitclaim deed, thus providing the County with the ability to use certain areas of the property for industrial purposes under long-term leasing arrangements. 2. The Immokalee Airport and Industrial Park have received grant funds through the end of FY 02 totaling $6,412,129. This figure represents monies received fi-om 5 different grant agencies, including the U.S. Department of Agriculture ($690,000), U.S. Department of Commerce ($793,073), U.S. Department of Housing and Urban Development ($750,000), Florida Office of the Governor ($327,773), and FDOT ($3,851,283). Any grant funds received in FY 03 would need to be added to this amount. There is a potential liability to the County for the repayment of the full amount of this grant money, or some portion thereof. The exact amount would have to be determined by the respective agencies. 3. The airport has 30 T-hangars that are leased on a month-to-month basis. Of the 13 property subleases, 4 are on a month-to-month basis, 2 are on a year-to-year basis, and one is pending renewal. Of the remaining 6, 4 expire between July 31, 2004 and March 31, 2008, one expires in 2025 and one in 2028. A legal opinion is needed to determine any penalties to the County for early termination of any or all of these leases. Additionally, grant funds are associated with some of the building leases. Options for administration of the Collier County Airports: CM drive: Collier County Airport Authority options for administration/Mudd memo .... Retain Ordinance 95-67, as previously amended, and continue authorization for the Airport Authority to administer the 3 airports, and a. Retain the current Collier County/Airport Authority Agreement for Repayment of County Advances to the Airport Authority, dated July 25, 1995, (as of FY 02 the Authority owes the County $9,010,457, including interest), or b. Revise the Agreement's references to "net income" status, for determining when repayments are required, to wording acceptable to the Clerk of Courts, or c. Rescind the Agreement, and consider the monetary advances as equity investments rather than as loans, as recommended by the Airport Authority ,., (Memorandum dated April 21, 2003). bcd - t ;'003 [~1~. I6°f6 ' o o Revise Ordinance 95-67 to increase the Board's control over the Authority, requiring regular reporting requirements on grants, leases, etc., and a. Retain the current Collier County/Airport Authority Agreement for Repayment of County Advances to the Airport Authority (July 25, 1995), or b. Revise the Agreement's references to "net income" status, for determining when repayments are required, to wording acceptable to the Clerk of Courts, or c. Rescind the Agreement, and consider the monetary advances as equity investments rather than as loans, as recommended by the Airport Authority (Memorandum dated April 21, 2003). Consolidate operations with the Naples Airport Authority. Current state statute specifically authorizes that the Naples Airport Authority "may contract with any other public or private entity to operate any airport in Collier County." Such would require cooperative effort between the County, Naples City Council and the Naples Airport Authority, and a. The current Collier County Airport Authority could act as an advisory committee to the Naples Airport Authority. Such a change would require amending the Collier County Airport Authority Ordinance, but probably not to state statute, or b. A new Naples Airport Authority could be created with 7 or 8 members, with some combination of the 2 current authorities, which would require a change in state statute, or c. The current Collier County Airport Authority could be dissolved and the airports run by the Naples Authority. Consolidate operations with the Lee County Port Authority/Southwest Florida Regional Airport. Such would require a cooperative effort between the two counties and would require statutory amendments. Disband the current Authority and create a completely independent authority with the authority to issue bonds, etc. Selling the Marco Island and Immokalee airports does not appear to be a feasible option; however, if the Board wishes to pursue this option, further research is needed. Selling part or the entire Everglades Airpark property appears to present some potential. Interests in purchasing and/or utilizing it for purposes other than an airport have been expressed by several entities. Buddy Smith, who is interested in purchasing the property to build single-family residential homes, will provide a proposal for purchasing the property before the end of July. Both Conservation Collier and the Collier County Parks and .Recreation Department have expressed an interest in the property. A minimum of 5 to 7 acres would be needed for a boat ramp and parking, but the department has noted that the whole 32 acres could be utilized for a boat launch and park with associated activities. Emergency Medical Services (EMS) has noted that closing the runway would not have a significant impact on the helicopter landing for emergency assistance, as it can land on any road or vacant lot. The current tower could be retained as a beacon for boats as well as for bird watching. The 32 acres could be utilized in any singular option listed or some combination of the options. Another option would be to deed the property back to Everglades City. CM drive: Collier Count)' Airport Authority options for administration/Mudd memo .... 11. Disband the current Authority and contract with a private firm to manage the airports. There are several private firms that manage other public airports that would likely be interested in managing the Collier County airports. Disband the current Authority and place the airports under the management of the County Manager. As recommended by the Economic Development Council (EDC), the Immokalee Regional Airport Industrial Park could be outsourced to a real estate firm or developer on a commission basis. This would be separate from any outsource for managing airport operations. Numerous combinations of the above options could be considered. Sources of information include staff comments and documents fi.om the Airport Authority, Clerk of Courts, County Attomey, Property Appraiser, Real Property, Parks and Recreation, and FDOT. Additionally, numerous local, state and federal ordinances, statutes and other documents were reviewed. /,Arws C: Leo Ochs, Jr., Deputy County Manager CM drive: Collier County Airport Authority options for administration/Mudd memo .... MEMORANDUM Attachment #1 DATE: TO: FROM: SUBJECT: June 25, 2003 Commissioner Coyle Jim Mudd, County Manager Summary of Meeting with Ted Soliday, Naples Airport Executive Director Date: Tuesday, June 17, 2003 Attendees: Ted Soliday, Naples Airport Executive Director Jim Mudd, County Manager Winona Stone, Assistant to the County Manager Topic: Discussion on Mr. Soliday's opinion regarding the Naples Airport Authority's potential interest in operating Collier County's Airports Discussion: State statute specifically authorizes that the Naples Airport Authority "may contract with any other public or private entity to operate any airport in Collier County". Mr. Soliday noted that if the BCC and Naples Airport Authority so desire, he foresees no difficulty with his staff running one or more of the Collier County Airports, particularly the Marco Island and Immokalee airports. He believes this would provide better grant opportunities for the Collier County airports and other cost saving advantages such as reduced cost of fuel purchases. He stated that he could operate the airports without the County subsidizing the operational expenses. He would likely make some changes in the current staff assignments and decrease some expenses related to current staffing. Various options were discussed on how to best address the repayment of the $ 9 million in advances/loans the Collier County Airport Authority currently owes the general fund. of 5 members who are appointed by the Naples City Council as prescribed in Law, ch. 69-1326. This option would probably require an amendment to stat He proposed the following two options for administration: 1. The current Collier County Airport Authority could act as an advisory committee to the Naples Airport Authority 2. A new Naples Airport Authority could be created with 7 or 8 members (some combination of the 2 current authorities). Naples Airport Authority is currentl't composed :lorida It was noted that the BCC and Naples Airport Authority could enter into an operating agreement. The agreement could be non-binding in that the County could request the airports back at any time. Mr. Soliday feels strongly that Commissioner Coyle should have preliminary exploratory meetings with City Council members as well as getting the new city manager on board with the idea of the Naples Airport Authority running the Collier County airports. The County would then need to present the Council with a formal proposal/implementation plan. Mr. Soliday stated that for the Immokalee Airport to operate at optimum level, the Immokalee bypass should be built. It is likely that he would be able to obtain grant funds for the construction of the bypass. Mr. Soliday disagrees that the Immokalee airport needs a longer runway. He believes that by the time the runway extension would be completed, the planes requiring a longer runway would be obsolete. He also noted that commercial passenger carrier planes, in addition to carrying passenger luggage, currently under contractual agreement with numerous companies carry cargo in the holds. The County obtained the Immokalee Airport property by a land grant quit claim deed, that contains a reversionary clause that the airport must continue to operate as a public airport or it reverts to the federal government. Mr. Soliday stated that there is a Federal Act (1988) with environmental release, relieving some entities requesting release from reversionary clauses. Staff is researching this further. It was noted that the state licenses airports, not the federal government. Please advise should you desire additional information at this time. /wws C: Leo Ochs, Deputy County Manager b,:.,J - 7.ou) MEMORANDUM Attachment 2 DATE: TO: FROM: SUBJECT: June 27, 2003 Commissioner Coyle Jim Mudd, County Manager Summary of Meeting with Bob Ball, SWFtA Executive Director Date: Friday, June 20,2003 Attendees: Robert (Bob) Ball, Southwest Florida International Airport (SWFIA) Executive Director Jim Mudd, County Manager Winona Stone, Assistant to the County Manager Topic: Discussion on Mr. Bali's opinion regarding the SWFIA (Lee County Port Authority) potential interest in operating the Collier County Airports, particularly the Immokalee Airport Discussion: Mr. Ball noted that the Page Field airport was previously privately operated and lost about $400,000 per year. Since assuming public operation by the Lee County Port Authority, Page Field has a net profit of about $400,000 annually. He believes the major problem with the Collier County Airport Authority is a lack of communication with the BCC. The Collier County Airport Authority's Executive Director should be hired by the BCC, not by the Airport Authority. Additionally, if the current Authority members are not responsive to the BCC, then the Board should replace those members. The marketing efforts of the Collier County Airport Authority need to be improved and increased. The Authority should work closely with the EDC on a marketing campaign. It is Mr. Ball's guess that the Lee County Port Authority probably would not be interested in operating any of the Collier County Airports. However he will broach the idea with his Board. Please advise should you desire additional information at this time. /wws C: Leo Ochs, Deputy County Manager MEMORANDUM Attachment # 3 DATE: TO: FROM: SUBJECT: June 17, 2003 Commissioner Coyle Jim Mudd, County Manager Summary of Meeting with Prospective Purchaser of Everglades Airport Property Meeting Date: Monday, June 16, 2003 Attendees: Buddy Smith, Naples Realty Services, Inc., prospective purchaser Mark Lindner, business partner of Buddy Smith Jim Mudd, County Manager Winona Stone, Assistant to the County Manager Topic: Preliminary discussion on Mr. Smith's interest in purchasing the Everglades Airport property (reference correspondence of interest, Attachment # 1). Discussion: Mr. Smith gave a brief history of the Everglades airport property: The property was originally a golf course prior to the construction of the airstrip. The airstrip was constructed in 1944 with the single purpose of providing the President of the United States a location to land to dedicate the Everglades National Park. (Note: at the joint BCC Airport Authority Workshop conducted May 30, 2002, the Airport Authority provided a similar but somewhat different history. Reference Attachment #2.) Mr. Smith stated that the airport has never been the best use of this property. Everglades City could not afford to operate it and therefore sold it to the County. He believes the best use of the property would be for single-family residential elevated (stilt) homes. Such would increase both the County and City's tax base. He believes the City would support this change as the former mayor was in support of a similar idea back in 1990. It was noted that the Property Appraiser has valued the property around $790,000. The current value of the property is calculated based upon its current use as an airport. The value would increase, probably by a large amount, if the property were rezoned to residential. The County has expended grant funds and County matching funds totaling approximately $1.5 million. These funds, or a portion thereof, would likely have to be repaid if the property was no longer used as an airport. Staff is continuing to research the grant obligations. It was also noted that discontinuation of the property as an airport would have to be authorized by the FAA. The property is located within the city limits of Everglades City and as such, any rezone requirements would have to be approved by the City, not Collier County. If the County decides to close the airport and sell the land, the County might wish to retain a portion of the 31.72 acres for a boat launch facility and helicopter landing site for emergency situations. Follow-up actions: 1. Mr. Smith will provide a proposal for purchasing the property to the BCC through the County Manager before the end of July. 2. In July the County Manager will provide the BCC a progress report with a listing of options for alternative administration of the 3 County owned airports. 3. In August the County Manager will request that the BCC provide staff with direction on which options to pursue further. 4. The County Manager will provide the BCC a status report in September. Please advise should you desire additional information at this time. /WWS Attachments (2) C: Leo Ochs, Deputy County Manager MEMORANDUM Attachment # 4 DATE: TO: FROM: SUBJECT: June 27, 2003 Commissioner Coyle Jim Mudd, County Manager Summary of Meeting with Bill West, Collier County Airport Authority Chairman Date: Friday, June 20,2003 Attendees: Bill West, Collier County Airport Authority Chairman Gene Schmidt, Collier County Airport Authority Interim Executive Director Bob Titus, Collier County Airport Authority Finance Manager Jim Mudd, County Manager ;; Winona Stone, Assistant to the County Manager Topic: Meeting was requested by'Bill West to update the County Manager on the current status of the development of the 5-Year Plan and other issues Discussion: Bill West stated that the Authority is trying to break down the communication barrier between the Authority and the Board of County Commissioners. The Authority is still working on the 5-Year Plan, which is difficult-do to the turnover experienced in the Executive Director's position and the lack of a-'permanent director. Gene Schmidt, since assuming the Interiin'Executive Director position, established his top two priorities as improving employee morale and implementing cost cutting measures. He noted that some bad business decisions were made in the past and he is attempting to remedy as many as possibl& He has cancelled the localizer contract, is considering selling the airplane (maintenai~e~ costs are very high), is researching sharing fuel costs and employee training sessions with the Naples Airport Authority, and halted construction on the new Everglades tower. The Airport Authority's consultant had determined that the current Everglades tower is an obstruction. However, the FAA regulators have never sited it as such. Mr. Schmidt stopped the construction of the new tower. He is determining if it would be better to refurbish the current tower, rather than tearing it down and building a new tower at a different location. He doesn't believe the expense for the new tower is warranted. Jim Mudd asked opinions on shutting down the Everglades airport. All agreed it would likely never be an income earner. Bill West stated that in his personal opinion, not speaking on behalf of the Authority, although the Everglades airport is a community asset he is in favor of closing it down. Jim stated that the Authority should ask the BCC if they want to get rid of the Everglades airport. He noted that it would probably be at least a year before anything conclusive will be done with the airports. Bill West noted that the EDC has been studying the Immokalee airport and industrial park. It has recommended that the industrial park be operated by an entity other than the Authority. He noted that the EDC is good at marketing but would not be good at property management. A professional property management company should be contracted to operate the industrial park. Bob Titus stated that most small aviation airports don't make money. Please advise should you desire additional information at this time. /WWS C: Leo Ochs, Deputy County Manager IS,- L; - ?. 2003 COLLIER COUNTY ATTACHMENT B MANAGER'S OFFICE 330t Fast Tamiami ]-rail · Naples. Florida 34112 · 239-774-8383 · F/UX239-4010 November 6, 2003 via facsimile 394-3515 Dennis Vasey, Chairman Collier County Airport Authority 2003 Mainsail Drive Naples, FL 34114 Dear Mr. Vasey: As you are aware the Board of County Commissioners is looki.ng for ways to lessen the tax burden required to operate County government, including airport operations. Staff has been tasked with researching options for administering/operating the three Collier County airports. Previously I committed to you that prior to submitting any staff recommendations on alternative administration of the Airport Authority to the Board, I would provide you, as Chairman of the Collier County Airport Authority., those recommendations for your information and solicitation of comments fi-om the Authority. After discussion with Commissioner Coyle, and based upon the numerous alternatives for administration of the Airport Authority included in my memorandum dated July 17, 2003, I plan to recommend the following, as potentially viable alternatives, to be presented to the Board for their further direction at the December 2, 2003, regular Board meeting: That the BCC request that the Naples City Council and Naples Airport Authority (NAA) enter into discussion with the Collier County Airport Authority (CCAA) to determine if some type of merger of the two Authorities would be mutually beneficial to both entities, resulting in increased economic viability (economies of scale) and improved aeronautical activities throughout Collier County. As the BCC liaison for the CCAA alternatives study, the Board should request that Commissioner Coyle participate in the deliberations with the Naples City Council, NAA, and CCAA. That the BCC direct the CCAA, possibly in conjunction with the NAA, to determine the best use of the Everglades Airpark property as it relates to the overall aeronautical activities in Collier County. Such should include research into the potential of rezoning and sale of the property, with the proceeds of such first being used to repay any lease and grant award funding, if such is required. Secondly, the remaining proceeds should be utilized to make capital improvements at the Immokalee and Marco Island Airports. The BCC should direct the CCAA not to expend any federal grant funds on the Everglades Airpark, until the disposition of this item is decided. (-'i t, [ : (-', ,, . .......... -__" 2 UcC - © That the BCC, as recommended by the Economic Development Council (EDC), require the CCAA to outsource the Immokalee Regional Airport Industrial Park to a real estate finn or developer on a commission basis. That the BCC direct the CCAA to advertise a Request for Proposal (RFP) for outsourcing the operations of the Immokalee Airport. In the interim while the above deliberations are proceeding, staff recommends the current ordinance governing the CCAA be amended to include the tbllowing: 4. 5. 6. 7. 8. 9. 10. 11. Clearly define that any funds recognized from the sale of durable goods purchased by the CCAA with County General Fund (001) monies are to be refunded to the County General Fund. Final approval of grant awards are to be approved by the BCC. Require that the CC,%a~ schedule and conduct at least one workshop annually with the BCC, prior to submission of their budget request. Long-term leases in excess of 5 years, must be ratified by the BCC. Require annual submission of an update to the 5-year master work plan to accompany the tentative annual budget request. Require the CCAA to provide the BCC with quarterly financial reports, including the status of grant and lease activities. The BCC must authorize any national search for the CCAA Executive Director position, prior to the occurrence of such. The BCC is to ratify the appointment of and proposed employment agreement of the CCAA Executive Director pr/or to any offer of employment. Real property considerations, where the CCAA seeks capital sponsorship from the General Fund, should be ratified by the BCC. Revise the references to "net income" status for determining when repayments are required, contained in the July 25, 1995 Collier County/Airport Authority Agreement for Repayment of County Advances to the Airport Authority, to wording acceptable to the Clerk of Courts. Correct 5 scriveners errors contained in the current Code of Laws and Ordinances. Please advise of any comments the Authority would like included in my recommendation to the Board. Si'ncerely, County Manager /xvws C: Board of County Commissioners ATTACHMENT C MEMORANDUM FOR: COUNTY MANAGER Subject: Proposed Staff Recommendation on Alternative Administration of the Airport Authority 1. Reference is made to letter, Collier County Manager's Office, dated November 6, 2003--via facsimile 394-3515. 2. Reference letter was reviewed as agenda item II. C. 7. at the regularly scheduled meeting of the Collier County Airport Authority (Authority), November 10, 2003. 3. The Authority supports continuing initiatives designed to improve public access to general aviation facilities, while deriving the maximum effectiveness and efficiency, and it is in that spirit that we offer the following remarks. a. In that portion of reference letter where it begins: "After discussion with commissioner Coyle .... ' (1) Paragraph 1. No opposition. (2) Paragraph 2. A majority of the Authority recommends that no action be taken where: (a) Grant assurances have not been met or would be broken; (b) Where safety of aeronautical activities would be compromised, and (c) Where a "Notice To Proceed" has been awarded. (d) Comment: _1 A majority of Authority members states that "research" demanded by this task exceeds staff capability and comes to the position that Everglades Airpark is the best public purpose for that property. 2 They further state that before any claim is made for this property a formal economic benefit study should be completed. (3) Paragraph 3. Immokalee Foreign Trade Zone and the Industrial Park are evolving and, as such, have never been available for wholesale commercial real estate management. A majority of the Authority have reservations about mandating actions now or in the future without revising the ordinance. (4) Paragraph 4. A majority of the Authority believes that it is prudent to review all activities for outsourcing; however, before such action is deemed appropriate it was our consensus that a review of consequences was appropriate. That said, outsourcing as an outcome of an RFP should only be undertaken providing the Authority retains the ability to continue development of Immokalee Airport and all adjacent facilities through Federal Aviation Administration and Florida Department of Transportation grants. Paramount in any outsourcing agreement must be a stated level of service consistent with safety and security dictates. The Authority should also reserve the right to reject any or all proposals that do not serve the best interest of general aviation as determined by the county. b. In that portion of reference letter where it begins: "In the interim .... " (1) Paragraph i through 7 and paragraphs 10 and 11 raise no comment or objection. (2) Paragraph 8 finds a majority of Authority members who believe that, as stated in paragraph 3a(3), above, mandates of this nature relegate the Authority to little more than advisors. ~,.,~,~.~ ...... No. b.-,.., - ,:- Z.uu~ (a) Procedurally, it would appear more prudent to provide a notice of intent to begin a national search, attach a job description and a proposed Employment Agreement for information to BCC. (b) The Authority should be permitted to choose the best qualified, or reject all applicants, and, before offering a position, obtain BCC approval. (3) Paragraph 9 is not clear. We assume that it could relate to paragraph 362. As a general practice, the budget approval process was designed to accomplish notification; however, recent indications are that this needs to be formalized and the Authority would not object to inclusion of some safeguard. 4. Please contact me if there is a need for clarification at 598-4326 or Email: dennisvasey@gulfaccess, net. s/Electronically 11-10-2003 Dennis P. Vasey, Chairman Collier County Airport Authority ATTACHMENT D Recommendation III Outsource Development of the Immokalee Regional Airport Industrial Park The Immokalee Regional Airpod Industrial Park should be outsourced to a real-estate firm or a developer on a commission basis only. A developer, given some latitude to be innovative, would create mcmy more opportunities for business recruitment at the Immokalee Regional Airport, in addition to the many that already exist. The positive side to this would be that the developer would be responsible for the cost of the capital improvements and the leasing out of the facilities. There are several airpods around the country and in the state of Florida that are hiring developers or professional leasing companies to take care of the leasing, marketing arid developing of their industrial parks. (See Attachments B & C) Industrial park developers can offer to promote economic and community development through real estate investment and comprehensive development strategies, with major focus on large-scale capital projeds and industrial site devebpment. The CCAA should be ir~ the business of running airports and not developing, marketing and leasing out industrial space. The outsourcing of the developing & leasing of the Industrial Park would allow the CCAA to stay focused on what it does best, runnin~ airpod operations. To the e~ent that it is economically feasible, the CCAA could partner with the developer to expand industrial park facilities & infrastructure with the use of grant funding. Recommendation IV Collier County's Airport Investment Strategy During the establishment of the Collier County Airport Authority, the fiscal structure that was established was done so to enable the County to, at some point in time, have the ability to access funds that may have come from any profitability realized by the Airport Authority. These future potential funds could be used for a variety of community projects, such as road infrastructure and public services. Today, it is apparent that concern by the County regarding the investment in the Airports has created questions related to the initial funding structure. Focusing on the Airport Authority's priority to 'repay the loan may overshadow the original intent to maximize the potential benefits of the community as a whole. Should the County determine that the Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite !20 Ne ~les, FL 34105 Page 11 ATTACHMENT E Chapter 18 AVIATION* ~M~ticle I. In General Secs. 18-I--18-25. Reserved. Article II. Couhty Owned, Operated or l~Iaintained Airports Division 1. Generally Secs. 18-26--I8-35. Reserved. Sec. 18-36. Sec. 18-37. Sec. 18-38. Sec. 18-39. Sec. 18-40. Sec. 18-41. Sec. 18-42. Sec. !8-43. Sec. t8~44. Sec. l S-,15. Sec. i8 46. Sec. 18 47. Sec. 18--18 Secs. Division 2. Airport Authority Title and citation. Findings and p,~rpose. Defin} tions. Continuauce of authority; airport boundaries. Goverumg body; membership, appointment ~d terms of office. Compensation of members. Powers, functions and duties. ~nual bndget and annual report. Adminiszrative code. Executive director. Nominterference. Transfer of property and personnel. Merger; dissolution. 18-49-q8-60. Reserved. Sec. 18 61. Sec. 18-62. Sec. 18-63. Sec. 18-64. Sec. 18-65. Sec. 18-66. Division 3. Facility Rules and Regmlations Title ired citation. Definitions. Findings and purpose. Applicability. Adoption. Compliance with other federal/state or local codes. Division Sec. 18-67. Sec. 18-68. Sec. 18-69. Sec. 18-70. Sec. 18-71. 'Prespasses; Carry Concealed Weapons or Firearms; Penalties Adoption of rules and regulations previously adopted by the Collier County Airport Authority. Trespass: anywhere at airport; secured areas. Concealed weapons; concealed firearms. Penalties; referrals within Collier County government. Referral for investigatiou or enforcement) to outside law enforce- merit agencies. *Land development code references~:¼rport overlay district, § 2.2.23; private airports, § 2.6.29. State law reference--Aeronautics, F.S. cbs. 329--333. Supp. No. 14 CD18:i AVIATION § 18-37 ARTICLE I. IN GENERAL Secs. 18-1--18-25. Reserved. ARTICLE II. COUNTY OWNED, OPERATED OR MAINTAINED AIRPORTS DIVISION 1. GENERALLY Secs. 18-26--18-35. Reserved. DIVISION 2. AIRPORT AUTHORITY* Sec. 18-36. Title and'citation. This division shah be known and may be cited as the "Collier County Airport Authority Ordi- nance.'' (Ord. No. 95-67, § 1, 11-14-95) Sec. 18-37. Findings and purpose. it is hereby ascertained and declared that: (1) Pursuant to Section 332.08(1), Florida Stat- utes, and this division, the Collier County Airport Authority is responsible for the operation of three airports: The Immokalee Regional Airport in hnmokalee; the Marco island Executive Airport, located northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades. (2) The three county airports are valuable as- sets that bear upon a viable and diversified economy for the Collier County commmfity. (3) The board of county commissioners of Col- lier County desires to provide for enhanced development and eventual operation of the airports as enterprise operations. (4) Chapter 332, Sections 332.001 through 332.12, Florida Statutes, ("Airport Law of 1945") authorizes Collier County to ac- quire, establish, construct, enlarge, im- prove, maintain, equip, operate, and regu- late cotmty airports and other air navigation *Editor's note-Ord. No. 95-67, §§ 1--13, adopted Nov. 14, 1995, amended Div. 2, in/ts entirety, to read as herein set out in §§ 18-36~t8 48. See the Code Comparative Table. Supp. No. 3 CD18:3 facilities, and provides that the exercise of any other power specified therein granted to cotmties are public, governmental func- tions exercised for a public purpose and are matters of public necessity. (5) Section 332.08(1), Florida Statutes, autho- rizes Collier County to vest authority for the construction, enlargement, improve- ment, maintenance, equipment, operation, and regulation of airports, restricted land- ing areas, and other air navigation facili- ties, in an officer, board, or body of the county by ordinance which shall prescribe the powers and duties of such officer, board or body. (6) The three Collier County owned airports require attention, including short and long range planning, to encourage and foster the development of infrastructure and fa- cilities to be operated for the benefit of citizens and tmxpayers of the county. (17) The three airports should be developed to promote the welfare of all current and future residents of the county. (8) It is the intent of the board of county commissioners to maintain a Collier County Airport Authority in Collier County with the powers and responsibilities as provided in Section 332.08, Florida Statutes, and pursuant to the governmental powers granted to counties in Chapter 125, Florida Statutes. (9) This airport authority is consistent with and furthers the county's comprehensive plan and provides a focused approach to the provision, development and manage- ment of public infrastructure and services at the three Collier County airports, and is one available means for delivery of such facilities and services at the three airports. (10) The provisions of this division shall be liberally constructed to effectively carry out its purpose in the interest of public health, safety, welfare and convenience. This division shall be construed to be con- sistent with Chapter 189, Florida Statutes (the "Uniform Specill Dist,,r~_~c~un_ta/lcil-~4o. P~I. ~:~' § 18-37 COLLIER COUNTY CODE ity Act of 1989"), and Chapter 332, Florida Statutes, (the "Florida Airport Act of 1945"), with Chapter 286, Florida Statutes, (Florida's Government in the Sunstfine Law); and with Chapter 119, Florida Statutes, (Florida's Public Records Law), as those Statutes may be amended from time-to- time. (11) Nothing in this division shall be construed' to affect any actions previously taken by Collier County and]or the Collier County Airport Authority, or any agreements pre- viously entered into by Coll/er County and/or the airport authority. (12) It is the intent of this division to grant to the airport authority more freedom and autonomy to carry on its day-to-day activ- ities with minimal management from the board and from the clerk to the board, and ~vith intent to eventually have the author- ity become independent by passage of a special act of the Florida Legislature. (Ord. No. 95-67, § 2, t1-14-95) Sec. 18-38. Definitions. As used in this division the following words and terms shall have the tbllowing meanings unless the context clearly requires other~vise: Airports means the real property and all im- provements owned or leased by Collier County (as tenant) and/or the Collier County ,Airport Author- ity (as sub-lessor and]or tenant) for airport activ- ities in Immokalee, Everglades City, and Marco Island, including the properties and improve- ments designated for industrial development at the Immokalee Airport, and such other property and improvements that may be subsequently ac- quired by Collier County and]or the airport au- thority by lease, purchase, gift or by any other means. Airport £acilities means airport facilities of all kinds including, but not limited to, landing fields, hangars, shops, restaurants and catering facili- ties, terminals, buildings, airport industrial parks, parking facilities and all other facilities necessary and desirable for the handling, taking off, operat- ing, servicing, repairing and parking of aircraft; the accommodation, convenience and comfort of passengers, together with related transportation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, properties, rights, easements and fran- chises relatin~ thereto and deemed necessary or convenient by the authority in connection there- with. Authority means the Collier County Airport Authority created by Ordinance No. 93-36 and continued by this division. Board means the Board of County Commission- ers of Collier County, Flor/da. County meaz~s Collier County, Florida. Improvements means such replacements, re- pairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe, efficient and economic operation thereof. Member(s) means one or more of the persons xvho comnrise the gove.-ming body of the airport authority. (Ord. No. 95-67, § 3, 11-14-95) Sec. 18-39. Continuance of authority; air- port boundaries. (a) The board, on June 22, 1993, by enactment of Collier County Ordinance No. 93-36, created a seven-member body designated as the Collier County Airport Authority. (b) The authority is a "political subdivision" of Collier County as defined in Section 3a3.o1(9), Florida Statutes. The authority is also a "political subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding as valorem taxation. - ~ (c) The authority is not a "department" under Collier County/No. 84-44, as amended. Neither the authority, the authority's executive director, nor other employees of the authority are under management of the county administrator. (d) The authority shall take no action that is inconsistent with applicable general law, any ap- also the landing of mail, express and freight, and plicable special act, any applicable comilrehem~i,v,,~,-=.-' ~: -,~- Supp No. 3 CD18:4 q ,.. AVIATION § t8-40 land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the board pursuant to Chapter 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the authority with respect to the specific issue. (e) The legal description and a map of each of these three airports are attached hereto and are made a part hereof as Exhibits A, B, and C. (Ord. No. 95-67, § 4, 11-14-95) Note--Said Exhibits A--C, as referenced above in section 18-39, are not set out herein, but are an file and available for inspection in the offices of the county. Sec. 18-40. Governing body; membership, ap- pointment and terms of office. (a) The governing body of the authority shall be composed of seven members appointed by the board. Except ~vhen a member is appointed to fill the remainder of a vacated term, the members shall be appointed to serve tbur-year terms. No member shall serve more than two fbur-year terms except when that member's initial appoint- ~nent was for a term of tess than four years. A member's two full term appointment limitation may be w~ved by unanimous vote of the board and in the event this provision conflicts with any other Collier County rute, regulation or ordL nance, this proxdsi~n shall prevail. Upon the expiration of a'member's term of office, such ~nember shall maintain his or her appointment until the member is either re-appointed or a successor is appointed by the board. (b) Members of the authority may be removed with or without cause by a majority vote of membership of the board. Vacancies on the au- thority shall be titled in the same manner as the original appointment. of the authority appointed fi'om Immokalee, Marco Island, and Everglades City if a qualified candi- date xvho resides within the respective area is available for appointment to the authority. No person holding elected office at the scare, county or municipal level shall be appointed to, or be a member of, the authority. (d) Effective as of the beginning of each fiscal year (October 1) the authority shall from its ~nembers elect a chairman, vice chairman, and secretary. The secretary shall maintain the cus- tody and control of the authority's records. The authority may delegate the duties of secretary to l:he executive director of the authority or desig- nee. (e) The county's purchasing policy and the county's persmxnel rules and reg~dations will ap- ply to the authority except as provided otherxvise in the authority's administrative code, as amended from time to ii,ne. ~f'l The clerk to the board shall, to the extent required by law, se~we as clerk to the authority. The authority, at its discretion, may utilize the s;e.~wices of' the clerk over and above the services lhe clerk must perform for the authority as a matter of law. The authority shall annually bud- get and reimburse the clerk as appropriate for the cost of all services and materials supplied by the clerk to the authority. The authority shall orga- uize its own finaucial records to facilitate its day to day operations and provide financial records in such form and in such manner as required by Chapter 218, Florida Statutes, and additional requirements, if an~; specified in the authority's administrative code. To the extent allowed by law, the authority may, through its administrative code, remove itself from fiscal and other review and approval by the clerk to the board. (c) Me~nbers of the authority shall be residents of Collier County and must have business ability and experience in one or more fields which, by way of example, may include but are not limited to, general business, economic development, avi- ation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one member Supp. No. 9 CD18:5 (g) Other departments of the county, including the office of the county administrator, may assist the authority as requested by the authority. The authority shall reimburse each respective depart- ment for the cost of services and materials sup- plied by that department to the authority. (Ord. No. 95-67, § 5, 11-~4-95; Ord. No. 99-10, § 1, 2-9-99) § 18-41 COLLIER COUNTY CODE Sec. 18-41. Compensation of members. The members of the authority shall receive no compensation but each shall be reimbursed ex- penses in accordance with the provisions of gen- eral law, and in conformity with the authority's budget as approved by the board. (Ord. No. 95-67, § 6, 11-14-95) Sec. 18-42. Powers, functions and duties. (a) The authority shall be responsible fbr the construction, improvement, equipment, develop- ment, regulation, operation and maintenance of the airports and all related airport facilities. The day to day activities of the authority, of the executive director, and of authm'ity's other em- ployees shall not require prior approval fi'om the board or the county administrator. (b) The authority shall have no power to levy or collect ad valorem taxes unless provided other- wise in a special act of the Florida Le~slamre. (c) Tim authority has the following powers and duties: (1) Subject to and consistent with tile authority's budget, to make and execute contracts and other instruments neces- sary or convenient to the exercise of its po~vers. (2) The autho~Sty may adopt resolutions, rules and regulations that are necessacv to con- duct the bnsiness of the authority. {3) To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local govermnent, or any per- son for any lawful purpose; to hold, use, sell and dispose of such monies or prop- erty tbr any authority purpose in accor- dance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as conve- nient to accomplish its goals. (4) To maintain an office within the county at such place or places the authority desig- nates. Supp. No. 9 CD18:6 (5) (6) (7) Subject to prior approval of the board: to borrow money and issue revenue bonds or anticipation certificates, warrants, notes, or other evidence of indebtedness; to des- ignate an agent of record; to sell or mort- gage real or personal property. To adopt by resolution a schedule of rates, fees and other charges for the use of the smwices, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility The initial schedule cf such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this division. The authority may from time to time revise the schedule of rates, fees and other charges. Such rates, fees, m~d other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be suf- ficient at all trams to pay the expenses of operating and maintaining the airports and airport facilities (including reimburse- ments to the county), to provide a mar~n of safety over and above the total amount of such pa~nents, and to comply with covenants to bondholders..Also to provide, if applicabld, rese~wes for the principal and interest on revenue bonds as the same may become due. The authority shall charge and colIect such rates, fees, and other charges so adopted and revised. To sub-lease as sub-lessor, and to lease as less6e, to or from any person, firm, corpo- ration, association, or body, public or pri- vate, any airport facility or airport prop- erty of any nature for the use of the authority to carry out any purpose of the authority. To grant easements and use agreements at each airport, provided the term of each such grant shall not exceed .aVIATION § 18-42 the then effective term of the lease of the airport from the board to the authority. No subdease where the authority is the sub-lessor, and no grant of any such ease- ment or use agreement, shall be subject Lo approval of the board or the county ad- ministrator. No lease to the authority as tenant shall be Supp. No. 9 CD18:61 AVIATION § 18-43 subject to approval of the county adminis- trator, or ~om the board except by means of the budgetary approval process. (8) To acquire by purchase, lease, gift, dedica- tion, devise, or otherwise, real and per- sonal property or any estate therein for any lawful purpose of the authority; also to trade, sell or otherwise dispose .of surplus real or surplus personal property in accer- dance with general law. The authority may purchase equipment by an installment sales contract if budgeted and funds are avail- able to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The authority shall have no power of eminent domain except (a) in the name of the county pursuant to Chapter 74, Florida Statutes, as authorized by the board, or (b) except as authorized by special act of the le~slature. (9) To hold, control and acquire by donation or purchase any public easements, dedication to public use, platted reservation for public purposes, or reservation for any lawfial purpose of the authority, and to use such easement, dedication, or reservation for any lawful purpose of the authority. (10) To hire employees, includhng the executive director, who shall be employees of the county and shall be subject to the county's human resources policies and procedures except to the extent, if any, specifically provided otherwise in the authority's ad- ministrative code. (11) To contract for professional services includ- Lng, but not limited to, planning, engineer- Lng, legal, and/or other professional ser- vices. No person engaged to provide such ser¼ces shall be an employee of either the authority or the county. (12) At the authority's discretion, the county attonmy's office will serve as the authority's attorney. The authority may retain individ- ual attorneys at law and/or law firm(s) to serve as the authority's attorney for some or all of the authority's legal services. any duty, responsibility, goal, plan, or pur- pose of the authority as provided for in this division. (d) The authority shall have a lien upon all aircraft landing upon any airport operated by the authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when pay- ment of such charges and fees is not made imme- diately upon demand there for to the operator or owner of the aircra£~ by a duly authorized em- ployee of the authority. The lien for the full amount of the charges and fees due to the author- ity attaches to any aircraft o~med or operated by the person owing such charges and fees. Such lien may be enforced as provided by !aw for the enforcement of warehousemen's liens in Florida. It is unlaw~l for any person to remove or attempt to remove any such aircraPc from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport at~er service or posting of the notice of the lien as herein provided, and before payment of the amount due to the authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. (Ord. Ne. 95-67, § 7, ~-14-95) Sec. 18-43. Annual budget and annual re- port. (a) For each fiscal year the authority shall prepare a tentative annual budget including rev- enues and expenses for the operation of the three airports during the ensuing fiscal year. The bud- -get shall' be transmitted to the county adminis- trator for board review and adoption on or before May 1, or otherwise in accordance with the county's general budget policy or general law, whichever date is earliest. Each proposed budget shall in- chide an estimate of all planned and contingent expenditures of the authority for the ensuing fiscal year, plus an estimate of all income to the (13) To exercise all power and authority that is authority from all sources for that fiscal year. The convenient and appropriate to accomplish board shall consider the proposed budget itmn. by Supp. No. ,3 CD18:7 [ bc-d ' t. Zuu3 § 18-43 COLLIER COUNTY CODE item and may either approve the budget as pro- posed by the authority, or modify the same in part or in whole. The budget of the authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the county. The authority shall be responsible for the implementation of the budget as approved by the board. The annual budget proposed by the authority and approved by the board should continuously implement the authority's five-year master plan. (b) By March 15th of each year, the authority shall submit to the board an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit. (Ord. No. 95-67, § 8, 11-14-95) Sec. 18-44. Administrative code. (a) The authority shall adopt an administra- tive code that prescribes details regarding the powers, duties, and functions of the officers of the authority; the conduct of the business of the uthority; the maintenance of records and the lorm of other documents and records of the au- thority. The administrative code and amend- ments thereto are not subject to approval of the board or of the county administrator. (b) The administrative code shall organize the administration of the authority and shall detail the duties, responsibilities, policies, rules and regulations of the authority as delegated to the authority by this division, by other ordinances, by rules or regulations of the board, or by special act of the legislature. (Ord. No. 95-67, § 9, 11-14-95) Sec. 18-45. Executive director. (a) The authority shall have an executive direc- tor to serve as the authority's chief operating officer. The executive director shall be hired by an affirmative vote of the membership of the author- ity. Subject to the provisions of an employment agreement of the executive director, the executive director may be terminated, with or without cause, -~bY an affirmative vote of the membership of the uthority. Supp. No. 3 (b) The executive director shall work under the direction of the authority. (c) The executive d/rector shall be the chief operating officer of the authority..ill executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the executive director. (d) The executive director, shall: (1) Be responsible for the administration, man- agement and operation of the airports and airport facilities. (2~ Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub- leases, leases, contracts, and all other doc- uments which require consideration, ac- tion, or approval of the authority or of the board. (3) implement all lawful directives of the au- thority. (4) ?repare the annual budget and the annual report tbr approval of the authority and the board. (5) Recommend employment of, direct, super- vise, and recommend personnel actions re- garding authority employees in accordance with the county's human resources policies and procedures, except to the extent those policies and procedures do not apply to the authority as exempted by the authority's administrative code. The executive director shall also direct and supervise professional service providers engaged by the authority. (6) Carry out such other powers and duties as may lawfully be assigned by the authority. (e) The executive director shall be qualified by executive and administrative experience. Mini- mum qualifications for the executive director are to be specified in the administrative code. The compensation of the executive director as speci- fied in the applicable employment agreement shall be set by the authority in accordance with the budget approved by the board, and in accor- dance with the county's human resources policies and procedures, except to the extent those policies CD18:8 bcd - Zu 3 AVIATION § 18-62 and procedures do not apply to the authority because of exemptions provided for in the authority's administrative code. (Ord. No. 95-67, § 10, 11-14-95) Sec. 18-46. Non-interference. Members of the authority may communicate with employees, officers, agents under the direct or indirect supervision of the executive director, including professional services providers, for the purpose of inquiry or hfformation. Except for purpose of inquiry or information, no member of the authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the executive director. (Ord. No. 95-67, § 11, 11-14-95) Sec. 18-47o Transfer of property and person- nel. (a) The county has leased to the authority for the consideration of $10.00 all three Collier Com~W airports and all real property improvements thereon owned by the county. Subject to passage of a special act of the leg/slature authorizing same, the board may convey the fee title to each of the three airports to the authority'. Each such conveyance shall be subject to e~sting applicable airport use and reversionary clauses in the chain of title, and be subject to paragraph (c) of section 18-48, below. (b) The county has conveyed to the authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the man- agement, direction or control of the board. (c) Any county employees transferred to the authority shah remain county employees and be subject to the county's human resources policies and procedures, except to the extent those policies and procedures do not apply to the authority because of exemptions provided for in the authority's administrative code. (Ord. No. 95-67, § 12, 11-14-95) Supp. No. 3 Sec. 18-48. Merger; dissolution. (a) There shall be no merger involving the authority and any other unit of government w/th- out prior approval of the board. (b) The charter of the authority may be re- voked and the authority unilaterally dissolved by an ordinance adopted by the board. Such action by the board dissolving the authority shall occur subject to (1) the legal rights of bondholders, the executive director, and all employees of the au- thority, and (2) a dissolution plan adopted by the board. (c) Dissolution of the authority shall automat- ' ically transfer to the county all right, title and interests to all real and p[rsonal property deeded, leased, assigned to or otherwise conveyed by every means ~vhatsoever to the authority along with all other property and interests in property otherwise acquired by the authority. Dissolution shall be subject to all contracts, other obligations and indebtedness of the authority. (Ord. No. 95-67, § 13, 11-14-95) Sees. 18-49--t8-60. Reserved. DIV!SION 3. FACILITY RULES AND REGULATIONS Sec. 18-61. Title and citation. This division shall be known and may be cited as the "Collier County Airport Rules and Regula- tions Ordinance." (Ord. No. 90-29, § 2) Sec. 18-62. Definitions. The following words, terms and ptu-ases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aircraft means a device desig~ned, used, or in- tended to be used for navigation or flight in the air, excluding parachutes, hot-air balloons, ultralights, hang gliders or other devices not licensed or certified by the FAA. Aircraft accident means an occurrence associ- ated with the operation of CD18:9 an aircraft .which .o. § 18-62 COLLIER COUNTY CODE occurs between the time any person boards the aircraft with the intention of flight, until such time as all such persons have deplaned, and in which an~ person suffers death or serious injury as a result of being in or upon the aircraft, or by direct contact with the aircraft or anything at- tached thereto or in which the aircraft received substantial damage. Aircraft fire and rescue vehicles means those' vehicles approved and routinely operated by county persmmel for response to aircraft crash, fire, and rescue situations at the airport. Aircraft incident means an alert situation asso- ciated with the operation of an aircraft not meet- ing criteria as outlined in Aircraft accident. Air operation area (AOA) means an area of the airports used or intended to be used for lm~ding, takeoff, or surface maneuvering of aircraft. Airport(s) means the county tmmokalee 'Airport and/or the Everglades Airport and any other ._.right-of-way owned, leased, operated or hereafter cquired and placed under the jm-isdiction, con- ~rol and administration of the board of county commissioners tbr aviation purposes. Airports service equipment means those vehi- cles and equipment approved and operated by the county used for service, maintenance, and con- struction on the airports. Aviation operator means any person engaged in business of an aviation nature under authority of a lease or permit from the board. Commercial operations means all operations on county airports for commercial purposes. Courtesy vehicles means those vehicles oper- ated to and from the airports, specifically for the transportation and convenience of their patrons or prospective patrons, for which no compensa- tion is rendered, for hotels, motels, public parking firms, car rental companies, and other commer- cial operations. Emergency vehicles means those vehicles, ex- _eluding aircraft fire and rescue vehicles and other ,unty authorized vetficles, approved and rom Supp. No. 3 tinely operated for response to emergency situa- tions, including ambulances and other mutual aid equipment. Environmental buffer zone means those areas, within a fence barrier, set aside by the federal, state or local government as ecologically sensi- tive. FAA means the Federal Aviation Administra- tion or its statutory successor. Fence barrier means all wire fencing (to include chain link), airport buildings, masonry barriers, and/or m~y other structure that now, or shall in the fl~ture, enclose airport property which prohib- its direct access to the air operations area. Fence barrier openings means all closeable open- ings that are part of the fence barrier, i.e., wire gates, both pedestrian and vehicular, electric or manual; all doors located on or ;vithin buildings that form part of the barrier and open onto air operations area. Fixed base operator means those aviation oper- ators who furnish and engage in a ~11 range of aeronautical services and activities for the public, line service, sale of aircraft, parts and supplies, maintenance and repair of airframes and entwines, aircraft charter and rental. Gross weight (MGLW) means the certified max- imum allowable gross landing weight of an air- craft, as determined by the manufacturer, Fed- eral Aviation Administration, or any other governmental agency having jurisdiction. Ground support equipment means those vehi- cles and equipment approved and routinely used on the aircraft aprons or parking areas in support of aircraft operation. Groand 5ehicles means the category of vehicles and equipment having authorized access to the AOA including: airport service equipment, ground support vehicles, aircraft fire and rescue vehicles, and all other emergency and county authorized and operated vehicles necessary for the safe and secure operation of the airports. Itinerant pilot means a pilot operating an air- crag not based at the airport. CDm:m ~c~; -. tuvo A'vlATI ON § 18-65 Landing area means ali aircraft operation ar- eas, including runways, taxiways, ramps and aprons. Lease agreement or lease means a contract by which the county has conveyed real or personal property to an individual, partnership, firm, or- ganization, association, company or corporation. Leased aircraft means an aircraft in the sole possession of the lessee and being utilized in the pursuit of the commercial activities authorized through the lease agreement with the board. Lessor means the board of county commission- ers which has conveyed an interest in real or personal property. Manager, airport manager means the county administrator or his designee, acting under the direction of the board, who shall be charged with the duties of enforcing these rules and regula- tions, and of administering and controlling any airport property. Motor vehicles means any and all motor-driven vehicles. 2]/[osement area means the runways, taxiways, and other areas of the airports which are utilized for taxiing, takeoff, and landing of aircraft. Private plane means a plane operated by an indixddual owner for pleasure or of other purpose, where no direct monetary returu is received from its operation. being a part of a fully executed lease agreement with the board for lands or structures at any county-owned and county-leased airport. Transient aircraft means an aircraft not using the airports as its permanent base of operations. Ultralight vehicle means a vehicle used or intended to be used for manned operation in the air by a single or dual occupant xvhich meets all requirements as specified by Federal Aviation Regulations, Part 103.1. Vehicle means any conveyance, except aircraft, used on the ground to transport persons, cargo, or equipment including: airport service equipment, ground support vehicles, aircraft fire and rescue vehicles, and a.li other emergency and county authorized and operated vehicles necessary for the safe and secure operation of the airports. (Ord. No. 90-29, § 4) Cross reference--Definitions generally, § Sec. t8-~3. F~_ndings and purpose. The beard of county cormnissioners does hereby find that rules and regulations for county-owned and county-leased airports are necessary and essential to the health, weffare, and general xve!l- being of residents and tourist economy. (Ord. No. 90-29, § 1) Sec. 18-64. Applicability. This division shall apply to and be enforced in all unincorporated areas of the county. (Ord. No. 90-29, § 3) Public airport means an airport which is open to the general flying public, and at which com- modities or services are offered for sale to the general flying public. Public parking facilities means all automobile parking facilities provided for the public at the airports. Solicitation, to solicit mean to directly or indi- rectly, actively or passivels; openly or subtly, ask (or endeavor or obtain by asking), request, im- plore, please for, importune, seek, or try to obtain. Tenant means any individual, partnership, firm, organization, association, company, corporation, Supp. No 14 Sec. 18-65. Adoption. (a) The board of county com~nissioners shall adopt by resolution the airport rules and regula- tions. Said adopted rules and regulations shall have the full force and effect of law and shall be binding upon all persons and activity at any county-owned and county-leased airport. The board of county commissioners may amend said airport rules and regulations by resolution approved by the board of county commissioners at regularly advertised commission meetings. (b) Nothing herein contained shall present or restric[ the county from taking such other lawful action in any court of competent jurisdiction as is . CD}S:n bc~; - ~ Zu~3 § 18-65 COLLIER COUNrlW CODE .,ecessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. (c) Nothing in this section shall be construed to prohibit the county from prosecuting any vio- lation of this division by means of a code enforce- ment board established pursuant to the authority of F.S. ch. 162. (d) All remedies and penalties provided for in this section shall be cumulative and indepen- dently available to the county and the county shall be authorized to pursue any and all reme- dies set forth in this section to the full extent allowed by law. (Ord. No. 90-29, § 6) DIVISION 4. TRESPASSES; C,~ARRYING CONCEALED WEAPONS; PENALTIES Sec. 18-67. Adoption of rules and regula- tions previously adopted by the Collier County Airport Author- ity. (a) The board of county commissioners, pursu- ant to F.S. § 332.08, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("author- ity''): (~) The Collier County,Mrport Authority Rules and Regulations for General Aviation Air- ports, Collier County, Florida, applicable to the Everglades A/rport, to tbe hnmokalee ReEional .SArport, and to ~he Marco Island Executive Airport, adopted by the author- ity as revised on February 11, 2002 117 [)ages}. Sec. 18-66. Compliance with other federal/ state or local codes. .MI other ordinances not in conflict with the airport rules and regulations of the county shall also be enforced on all airports and airport prop erty under the jurisdiction, administration and control of the county and violators may be pun- ished in accordance with the particular federal, state or local ordinance, statute, code, rule or regulation violated. All persons shall comply with applicable ordinances, codes, rules and reg'dla- tions, inclusive of but not limited to state law relating to aircraft and aviation, which are hereby adopted by reference as an aid to make uniform air traffic laws throughout the county and for county-owned and county-leased property. (Ord. No. 90-29, § 8) (2) (3) (4) The Collier County Airport Authority Min- /mum Standards for Comme. rcial sad Non- Commercial Aeronautical Activities at the hnmokalee Reg-ional Airpot% adopted by the authority as revised on February 2002 (17 pages). The Collier County Airport Authority Min- imum Standards for Commercial and Non- Commercial Aeronautical Activities at the Everglades Airpark, adopted by the au- thority as revised on February 11, 2002 ~t7 pages). The Collier County Ahrport Authority Min- imum Standards for Commercial and Non- Commercial Aeronautical Activities at the Marco Island Executive Airport, adopted by the authority as revised on February 1t, 2002 (17 pages). The Collier County Airport Authority Ad- ministrative Code, adopted by the author- ity as revised on February 11, 2002 (42 pages). Supp. No 14 CD18:12 (6) The Collier County Airport Authority Leas- ing Policy adopted by the airport as re- vised on February tl, 2002, I19 / AVIATION § 18-69 (c) Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misde- meanor) applies only to rules and regmlations adopted by the board. Future amendments to such rules and regulations may not be enforced as a misdemeanor pursuant to this division until each such respective future amendment(s) is/are adopted by the board pursuant to F.S. § aa2.0a, which may be by adoption of a resolution of the board subject to the four weeks public notice requirement. However, this limitation does not affect enforcement of any such future amend- ment(s) to any such rule or regulation except ~vhen the amended rule or regulation is to be enforced as a misdemeanor. Violation of any such future a~nendment not yet then adopted by the board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. (d) Every violation of any such board adopted rule ancb'or regulation shall be a separate viola- tion of this division. Also, every individual who, while in the presence ora law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of any such rule or regulation, or is committing a trespass anyxvhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which authority to arrest without a warrant is autho- rized by F.S. § 901.~5(1). (Ord. No. 02-28, § 1, 6-11-02) Sec. 18-68. ~IYespass: anywhere at airport; secured areas. (a) It shall be a separate violation of this division for any individual to refuse to immedi- ately and completely obey an oral order (instruc- tion) to leave the airport, or to move his/her person to some other area of the airport, if the order (instruction) is personally communicated to the individual by the airport manager, or if the airport manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction. Supp. :N'o. 14 (b) It is a separate violation of this division for any individual to commit a trespass into (or ~vithin) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unautho- rized entry into the respective secured ~rea con- stitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this division shall subject each such trespassing individual(s) to arrest by a law en- forcement officer without a warrant, on or off of the airport, as specified in F.S. § 901.15(15). The Collier County Airport Authority is hereby autho- rized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each 'such trespass in any secured area of an airport is an independent violation of this Ordinance irre- spective of application of any airport authority rule or regulation. (Ord. No. 02-28, § 1, 6-11-02) Sec. 18-69. Concealed weapons; concealed firearms. Any individual not then authorized by applica- ble law to carry, a concealed firearm or a concealed weapon into the passenger terminal of the air- port, or into any sterile area of any Collier County Airport shall thereby violate this division and shall violate F.S. § 790.06(12). The specified pen- alty for such violation is not less than a misde- meanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that statute as "the area of the airport to which access is controlled by the inspection of persons and property in accordance with federally ap- proved airport security programs." However, pro- vided such action or possession is not then pro- hibited by federal la,v, rule or regulation, that statutory provision does not prevent an individ- ual from carting any legal firearm into the airport terminal provided each such firearm is then encased for shipment for purposes of check- ing such firearm as baggage to be lawfully trans- ported on an aircraft. No such "firearm or ~veap- on" violation is a violation of this division because this field of regulation is wholly preempted to the State of Florida by application of F.S. § 790.33. (Ord. No. 02-28, § 1, 6-11-02) No. ,~___ ~.,_ CD18:13 § 18-70 COLLIER COUNTY CODE ~ec. 18-70. Penalties; referrals within Col- lier County government. (a) General penalties; continuing violations. In this division the phase "violation of this ordi- nance'' means any of the following: Doing an act that is prohibited or made or declared unlawful, or an offense, or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County ordinance. (2) Failure to perform an act that is required to be performed by any Collier County Ordinance, or by rule or regulation autho- rized by any Collier County Ordinance. (3) Failure to perform any act if the failure is declared a misdemeanor or an offense, or' otherwise unlawful or a violation by any Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance_ ~'~ (b) In this division, the phrase "violation of tis division" does not include the failure of a Collier County officer or a Collier County em- ployee, or any officer or any employee of the Collier County Airport Authority, to perform a duty or responsibility. (c) Except as [nay otherwise be specifically provided ~vith regard to the specific rule or regu- lation, an individual or entity convicted of a violation of any such rule or regulation, or of an independent violation of this division, may be punished by a fine not to exceed $500.00, and if the violator is an individual, by imprisonment in the county jail for a term not to exceed 60 days, or, if the violator is an individual, by both such fine and imprisonment. With respect to any violation of this divisiou that is continuous with respect to time, each day the violation continues may be held by zhe respective forum (trier of fact) to be a separate offense or separate violation. (d) Imposition of a felony penalty, or any mis- demeanor penalty, or any civil penalty, does not prevent or affect possible revocation or suspen- sion of a license, permit, contract or franchise, or '--' ffect imposition of any other civil penalties, or Supp. No. !4 affect imposition of any other administrative fines, action(s) or penalties by any enforcement forum whatsoever. (e) Violations of any such rule or regulation, and/or any independent violation(s) of this divi- sion, may be abated by injunctive or other equi- table relief, and no bond shall be required from the county or from the authority; Nor is proof of intent or scienter required by this division. No imposition of any fine or any other penalty shall prevent any equitable relief whatsoever. (f) Every alleged violation(s) of any of such rule or regulation may be referred by the airport authority, and/or by the airport authority's exec- utive directm; for investigation and enforcement by any Collier County Code Enforcement Board, or ~vith respect to any vehicle for hire, to the Collier County Public Vehicle Advisory Commit- tee. 'All penalties then available to the referred to board, committee, or department may be applied to each respective violators). (Ord. No. 02-28, § 1, 6-1]-t)2) Sec. 18-"/1. Referral for investigation or en- forcemenO to outside law en- forcement agencies. (a) zany suspected violation(s) of any of any such rule or regulation may be referred by the airport authority, and/or by the airport authority's executive director, to any appropriate outside law enforcement department, entity, or agency, for investigation and/or enforcement as a misde- meanor of the second degree as then punishable as such punishment is provided for in F.S. § 775.082 or in F.S. § 775.083. (b) Any officer or other employee of the airport authority who suspects that a violation of any such rule or regulation is occurring or is being committed, ~he officer or employee is authorized to immediately noti~ the Collier County Sheriffs Department, office, or substation, if in that officer's or employee's judgment an arrest or forcible re- straint may be an appropriate response to the situation. lc) The executive director, and/or the airport authority, and/or the airport manager of the re- spective airport (or such airport manager's desig- CD18:14 AVIATION § 18-7! nee) may refer for investigation and enforcement any suspected violation of this division and/or any airport authority rule and]or regulation that may be a violation of any law, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, which may include the Federal Govern- ment or any agency or sub-part thereof. Also, such referral need not appear to be a violation of any airport authority rule or regulation or of any Collier County Ordinance. (Ord. No. 02-28, § 1, 6-11-02) Supp. No. 14 CD18:15 ATTACHMENT F 10 COLLIER COUNTY/AIRPORT AUTHORITY AGRE~HENT FOR REPAYMENT OF COUNTY ADVANCES TO THE AIRPORT AUTHORITY AND ~OR LEGAL SERVICES PROVIDED BY THE COUNTY ATTORNEY'S OFFICE This Agreement provides for repayment cf monetary advances from Collier County, ("County") to the Collier County Airport Authority ("Authority") and provides that the Authority will pay for some legal services rendered to the Authority by the County Attorney's Office. Collier County is a political subdivision of the State of Florida. The County's address is 3301 East Tamiami Trail, Naples, Florida, 33962-4877. The Authority is a dependent Airport Authority that was created by Collier County Ordinance No. 93-36. The Authcrity's address is 2800 N. Horseshoe Drive, Naples, Florida 33942. WITNESSETH W~iEREA$, County has leased to the Authority the three County owned airports: the Everglades Airpark, the Marco Island Executive Airport, and the Immokalee Regional Airport, here- inafter referred to collectively as the "Airport System"; and WHEREAS, the County has provided and intends to continue to provide to the Authority sufficient monetary advances to enable the Authority to meet its cperationa! expenses and capital_ exnenses_ and thereby_ "break even" in each ~iscal year; and WHEREAS, The County Attorney's Office provides legal services to the Airpor5 Authority over and above amounts contemplated by the Authority's payment for general administrative services rendered by the County to the Authority; and WHEREAS, the Authority has heretofore agreed and hereby agrees to repay to the County all such monetary advances, with interest, at such times as the Authority's revenues exceed the Authority's expenses for the respective fiscal year; and W~EREAS, the Authority hereby agrees to pay the County for certain legal services, at such times as the Authority's revenues exceed the Authority's expenses for the respective fiscal year. NOW THEREYORE, County and the Authority mutually agree as follows: Article 1. The County, subject to the discretion of the Board of County Commissioners and the Board's budgeting .processes, Wl~_'] ] continue to .provide to the Authority sufficient monetary advances to enable the Authority to operate, and expand the subject Airport System. The Authority s~al~'- provide to the County, in advance, appropriate written requests for monetary advances to include supporting financial statements and other documentation as needed to justify the need for amd the purposes of the respective request. The County Attorney's Office will continue to provide to the Authority sufficient legal services to enable the Authority to operate, maintain and expand the subject Airport System. Article 2. The Authority hereby agrees to repay to the County all monetary advances, with interest. The interest shall commence to accrue as of October 1, 1994. Interest shall commence te accrue on the principal of each separate advance from the data of receipt of that advance by the Authority and shall continue to accrue until the respective principal is repaid to the County. Article 3. The Authority hereby agrees to pay the County for man hours of legal services rendered after the effective date of this Agreement to the Authority by the County Attorney's office tc the extent such hours exceed the respective fiscal year, the hours that exceed the number cf hours factored into the Authority's payment to the County for general administrative expenses. The County Attorney's office will from time-to-time each fiscal year provide the Authority with evidence of the number of hours cf legal services rendered and by whom. Article 4. in accordance with generally accaDtabie accounning principles applicable to counties in Florida, each advance conveyed to the Authority shall be recorded by the Authority in the financial records of the Authority. Article 5. As soon as possible at the end of each fiscal year, in accordance with generally acceptable accounting principles applicable to counties in Florida, the Authority shall ascertain its income/loss status for that fiscal year. The financial status shall be determined by analysis of all of the Authority's revenues for that fiscal year (including grants, advances, and all income), and by deducting expenses, including all operational and capital expenses, and accounts due and payable for the respective fiscal year but not yet then paid. Article 6. If the Authority's income/loss statement for the respective fiscal year proves that the Authority did not have a "net income" status for that fiscal year, the Authority shall not be required to repay to the County that fiscal year, or during the following fiscal year, for any monetary advances or for legal services. Article 7. if the Authority's income/loss statement for the respective fiscal year proves that the Authority had a "net income" status for that fiscal year, the Authority shall repay to the County past monetary advances (and for legal services) at the time specified in Article 8, below. Fifty percen (~.~. of the Authority's net income for the respective "net income" fiscal year shall be paid to the'County as reimbursement for monetary advances. Ten percent (10%) cf the Authority's net income for the respective :'net income" fiscal year shall be paid to the County to pay invoices for legal services rendered to the Authcrity from the County Attorney's office. The Authority shall in its discretion utilize the remaining forty (40%) percent of the Authority's net income for that fiscal year for either or both of the following: (a) Pay additional money (prorate 50%/10%) to the ceunty for previous monetary advances and legal services rendered to the Authority, or (b) All such net income that is not paid to the County under subparagraph (7) (a), above, shall be deposited into an interest bearing reserve account for any or all of the following purposes: to leverage future grants to the Authority; to fund Airport System equipment renewal/replacement; or for any other purpose that directly funds Airport System funding needs. Article 8. Applicable interest rate. The applicable interest to be paid by the Authority to the County on monetary advances shall be calculated as follows: The interest shall be the amount of interest that would have accrued to the County if the County had deposited the respective advance into the County's "State Board of Administration Account" rather than having conveyed the advance to the Au%hcrity. interest shall accrue and be recorded annually on each separate advance. Article 9. Principal and interest payments. Whenever, in accord with Article 7 above, the Authority's respective income/loss statement for a given fiscal year proves that the Authority had a "net income" status for that fiscal year, the Authority shall remit the required payments to the County not later than February 15 of the calendar year roi!owing the end of the controlling "net income" fiscal year. Principal and interest repayments shall be based on the "first in, first-out" accounting principle. AT~T EST: DWIGHT E. B~OCK,- CLERK COLLIER COUNTY~ ~FLORiDA/~--% BETTYE J./~ THEWS / W~i~ESS ~ / WITNESS '-' u - AUTHORITY COLLIER COb~ATY ,~_~OmT BY: ~ STEPHEN L. PRICE, CN~AiRMAH Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney TC?~c~9869 Collier County and Naples Airport Authorities Property Acreage and Market Values ATTACHMENT G Collier County Airport Authority (BCC) Site Number of Acres* Market Value* Parcels* Everglades 1 31.72 755,365 Marco Island 2 66.39 3,755,426 Immokalee 8 1,411.21 44,536,923 Total 11 1,509.32 $49,047,714 Everglades: Folio # 83491800001 Marco Island: IAcres Market Value 31.72 $755,365 Folio # Acres Market Value 00744080001 64.47 3,162,268 00744200001 1.92 593,158 Total 66.39 $3,755,426 immokalee: Folio # Acres Market Value 00068520001 57.40 1,442,267 00087680003 339.00 6,775,168 000683200007 41.25 1,237,500 00068440000 165.37 4,961,100 00088880006 80.00 2,400,000 00115560008 211.43 13,137,438 00088800002 455.47 13,664,100 00115400003 61.29 919,350 Total 1,411.21 $44,536,923 2. Na nes n~rport aumonty rroperty: Folio # * Acres* Market Value* 20764680005 612.62 97,322,353 20760680009 12.51 341,600 20762040003 23.88 637,600 20762080005 2.00 600 20762160006 4.85 1,455 20762120004 29.60 286,780 00385560003 24.00 1,202,775 Total 709.46 $99,793,163 * Acreage and market value figures supphed by the Property Appraiser 6/19/03. The market value of these prol~erties is · -~'t I,.~c- ~ ,¥ based on their current usage (zoning). ~ b0~ ~ ~"-- · ** Per Property Appraiser staft; an overall representation of airport property may not include leasehold interests ~"~ granted by Naples Airport Authority_ (A~ additional 37 parcels have certified ad valorem and are not includedlaboveD. ¢, t -~.~/ .... ~o Estimated Distribution Amounts for Collier County Airport Authority Advances from the Board of County Commissioners, Including Interest, Through FY 02 ATTACHMENT H From FY 1995 through FY 02, the County advanced General Fund (001) monies to the Airport Authority totaling $7,508,461, with accrued interest of $1,4719,996. The total debt at the.conclusion of FY 02 is $8,980,457. Based on historical taxable values by government type, the following are approximate prorata shares of the total debt. City of Naples Everglades City City of Marco Island Collier County (unincorporated) Total Distribution Distribution Percenta~le $2,229,119.70 24.82% $11,695.88 0.13% $664,120.98 7.40% $6,075,520.90 67.65% $8,980,457.46 100.00% Note, annual interest was added to each year in a simplified manner. Continuing accrual of interest should likely be prorated on a percentage basis. This spreadsheet is to provide rough estimated amounts only. EXECUTIVE SUMMARY PROVIDE INFORMATION TO THE BOARD OF COUNTY COMMISSIONERS ON HOURS OF OPERATION FOR CONSTRUCTION ACTIVITIES INCLUDING EXCAVATING OPERATIONS OBJECTIVE: To follow up with the Board of County Commissioners on questions pertaining to hours of operation for construction activity including excavation operations. CONSIDERATIONS: At the October 28th, 2003 Board meeting the matter regarding the changing hours of operation for commercial excavations was discussed and staff was directed to review the regulations and report back to the Board. Representatives from the Engineering Services, Planning Services, Building and Code Enforcement Departments met to discuss the question at hand. The discussion considered the following existing provisions and/or restrictions in the Land Development Code and other "stand-alone" ordinances. Factors: 1. The Noise Ordinance (93-77) has a definition of "noise" ("... annoys or disturbs humans..."), but the LDC does not define "noise". Section SlX E. of the Noise Ordinance is about construction noise and gives decibel standards but does not limit hours of operation. 2. The Building Construction Administrative Code (Ord. 2002-01), Sec 104.5.6, limits hours of construction to between 6:30 AM and 7:00 PM and c',dls the section "Noise Control". 3. Sec. 1.5.5 of the Land Development Code echoes 2002-01for hours of operation and says it's for "regulating noise" 4. Sec. 3.5.7.5 of the L. D. C. further limits hours of operation for excavations near residential. All these references seem consistent, but they are progressively limiting depending on the activity and the proximity to residential areas. Staff discussed whether the above noted language pertained to excavating operations that are commercial in nature and presently not committed for a specific development project. The majority opinion among staff was that while such excavation activities are, to a large extent, a processing operation, the activity is accomplished in such a way as to allow further development of the property once the excavation has been completed. Therefore, the activity should be considered "construction". This being said, staff also discussed the other limitations noted in section 1.5.5 and found that although the regulation further prohibits this activity on Sundays and holidays, there is an exception provision for anyone desiring to engage in these activities beyond the stated hours based on urgent necessity, or the interests of the public health, safety and welfare. A written request for an exception would be submitted to the County Manager, or designee. The code provides for approvals up to 15 days with the ability for extensions should the applicant demonstrate the continued need or urgency. m iTEM DEC 0 2 2003. In addition to section 1.5.5, staff also discussed the restrictions noted under section 3.5.7.5., which regulate the hours of operations for excavations. In these cases the hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Saturday, for all excavation operations within 1,000 feet of developed residential property; and to 7:00 a.m. to 5:00 p.m. Monday through Friday for private and "type I and II" (Golden Gate Estates) commercial excavation operations. In both cases the hours are being limited because of the noise gerierated by the activity and the impact on the surrounding properties. PROS AND CONS of amending the hours of operation from 7:00 a.m. - 5:00 p.m. to the proposed 5:30 a.m. - 3:30 p.m.: 1. Pro: If Commercial Excavations are allowed to start earlier, conflicts with school buses picking up and dropping off children should decrease because the "rash" from the pits will be over before school start-times, and, in general, there should .be less intense track traffic during morning .and evening rush hours 2. Pro: There is, technically, no difference between fill pits, asphalt plants, and concrete / plants and fill pits sell aggregate to asphalt and concrete plants. Hours of operation / for concrete and asphalt plants are not limited under LDC 1.5.5. 3. Pro: The intent of all these rules seems to be noise control, but the rule singles out the construction industry and ignores leisure activities, nighttime deliveries, waste management pickup, and even early morning newspaper deliveries. 4. Pro: Emergency nighttime road or utility projects sometimes require fill. 5. Pro: If fill is unavailable in Collier County during certain hours, developers and contractors will simply buy it elsewhere. 6. Pro: Some fill pits are far from civilization and/or surrounded by farm operations that start earlier than the pit. 7. Con: Any commercial excavations near occupied residential areas that create noise, either too early or too late, will generate complaints. 8. Con: Amending the hours of operation to a time earlier than 7:00 AM is certain to allow for dump truck traffic to transit through residential communities earlier in the morning and as such will most likely result in an increase noise complaints. 9. Con: School children walking to school bus stops very early in the morning would have increased truck traffic to contend with. FISCAL IMPACT: If the number of complaints increases, any increased revenues from fines should be cancelled out by increased staff enforcement time. The apparent fiscal impact on private sector operations should be toward the positive side. GROWTH MANAGEMENT IMPACT: None AGE]',IDA ITEI~" DEC 0 2 RECOMMENDATION: Staff recommends that the BCC Weigh the Pros and Cons and determine whether to institute a new hours of operation policy for commercial excavations on a temporary or permanent basis. Stan Chrzanowski ~ Senior Engineer REVIEWED BY: ~'~'~/L ~ Date: Tom Kuck Engineering Services Director REVIEWED BY:Mic~e(e~/Edw(~ar~s Arnold~--d"3 _ t~__ Code Enforcement Director ¢'ph Schmitt, Division ministrator os Communit velopment & Environmental Service Date: Date: DEC 0 2 2003 ....... EXECUTIVE SUMMARY APPROVE A RESOLUTION TO AUTHORIZE THE CONTROL DISTRICT TO EXPAND BOUNDARIES GOLDEN GATE ESTATES. COLLIER MOSQUITO FURTHER INTO THE OBJECTIVE: To address health, safety, and welfare concerns in a prudent and financially responsible manner. CONSIDERATION: The Collier Mosquito Control District Board of Commissioners unanimously recommends that the Board of County Commissioners authorize the expansion of the District to service the Eastern Golden Gate Estates community. If approved, these boundaries will be added to the 2005 tax roll with spraying beginning in 2005. (Note: Spraying could conceivably occur beginning October 1, 2004.) In lieu of a survey, the CMCD held a series of public meetings this past Fall to educate the community about the health, safety, and nuisance benefits of spraying. Following these meetings, the District Board of Commissioners met on November 12, 2003 and unanimously voted to approve a resolution to expand the District into the Estates. The approval of this expansion will provide a dedicated funding source to spray this area. Over the past several years, the County Board of Commissioners has dedicated general funds to spray when a West Nile Medical Alert has been declared by the State Department of Health. The County Board authorized these funds in anticipation that the District would eventually expand into this area. GROWTH MANAGEMENT: This expansion of the District is consistent with the health, safety, and welfare objectives in the Management Plan. FISCAL IMPACT: The anticipated cost of the expansion is $250,000 and will be funded by the Collier Mosquito Control District. The County Board may still be requested to provide funding for spraying up to October 1, 2004 if a West Nile Medical Alert is declared by the State. RECOMMENDATION: That the Board of County Commissioners approve the Resolution to expand the Collier Mosquito Control District into the Eastern Golden Gate Estates Area. PREPARED BY: , ~ DATE: John Dunnuck, Public Services Administrator RESOLUTION NO. 2003 - A RESOLUTION APPROVING THE EXPANSION OF THE BOUNDARIES OF THE COLLIER MOSQUITO CONTROL DISTRICT, PURSUANT TO SECTION 388.211, FLORIDA STATUTES. WHEREAS, a Mosquito Control District was created in Collier County in 1950 encompassing six square miles with expansions occurring in 1963, 1971, 1972, 1982, 1989, 2000, and 2003 increasing its size to approximately three hundred and forty-two (342) square miles, and WHEREAS, after research and consideration, it is the present desire of the Board of Commissioners of the Collier County Mosquito Control District to again expand the District's boundaries to include the Golden Gate Estates Units platted within the following Sections, Townships, and Ranges: Township 47S, Range 27E: Township 48S, Range 27E: Township 47S, Range 28E: Township 48S, Range 28E: Township 49S, Range 28E: Township 49S, Range 27E: Sections: 25, 26, 35, 36 Sections: 1, 2, 12, 13, 24, 25, 36 Sections: 28, 29, 30, 31, 32, 33 Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33 Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33 Sections: 1, 12, 13, 24, 25, 36 WHEREAS, the Board of Commissioners of the Collier Mosquito Control District has resolved in regular session on November 12, 2003, to request the Board of County Commissioners of Collier County, Florida, to approve the expansion of the boundaries of the District, a copy of the resolution (Resolution 3-2003-2004) is attached hereto as Exhibit "A"; and WHEREAS, Section 388.211, Florida Statutes, provides that the Board of Commissioners of any Mosquito Control District formed prior to July 1, 1980, may, for and on behalf of the District or the qualified electors within or without the District, request that the Board of County Commissioners in each county having land within the District approve a change in the boundaries of the District; and WHEREAS, based upon the presentation of the Board of Commissioners of the Collier Mosquito Control District at its November 12, 2003 public meeting, the Board of Collier County Commissioners finds that the proposed expansion of the Collier Mosquito Control District is in the best interest of the citizens of Collier County and will serve a public need by reducing mosquito-related problems. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1) Pursuant to Section 388.211 (1), Florida Statutes, and at the request of the Board of Commissioners of the Collier Mosquito Control District, the Board of County Commissioners of Collier County, Florida, "°'-,"0 DE C 0 2 2003 hereby approves the expansion of the Collier Mosquito Control District boundaries to include the Golden Gate Estates Units platted within the following Sections, Townships, and Ranges: Township 47S, Range 27E: Township 48S, Range 27E: Township 47S, Range 28E: Township 48S, Range 28E: Township 49S, Range 28E: Township 49S, Range 27E: Sections: 25, 26, 35, 36 Sections: 1, 2, 12, 13, 24, 25, 36 Sections: 28, 29, 30, 31, 32, 33 Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33 Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33 Sections: 1, 12, 13, 24, 25, 36 2) The Board of County Commissioners of Collier County, Florida, recognizes that an amendment shall be made by the Collier Mosquito Control District to the order creating the Collier Mosquito Control District to conform with the approved boundary change. This Resolution adopted this __ day of motion, second, and majority vote favoring same. 2003, after ATTEST: DWIGHT BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. By: Deputy Clerk TOM HENNING, Chairman Approved as to form and Robert Zacl~ary Assistant County Attorney DEC 0 2 ............. ~ ~ooioo~ CULLI~ MUSQUITO PAGE 02 6~Na~.Road ~Yapl~ 1~. $41~-$464 (fax) Spray $ckedale: 239-456-1010 l~et, FL 34142~896 Frm~ ~, Va~ Eaam, ~ .RI~.. SOLUTION 3--;2,003-2004 WHEREAS, it is stated in Section 388.2l 1, Florida Statutes, "The board of commissioners of any district formed prior to July 1, 1980, may, for and on behalf of the district or the qualified electors within or without the district, request that the board of county commissioners in each county having land within thc district approve a change in the boundaries of the district," and WHEREAS, the Collier Mosquito Control District was created in 1950 encompassing six square miles with expansions occurring in I963, 1971, 1972, 1982, 1989, 2000, and 2003, increasing ils size to approximately three hundred and forty-two (342) square miles, and WHE~, at the regular meeting oft. he Board of Commissioners on Novem~ 12, 2003, motion was made and ummimously approved to expand the Collier Mosquito Control District boundaries further into the Eastern Golden Gate Estates area, for mosquito control services to begin in fiscal year 2004-2005, NOW, TI-IE~FO~ BE IT RESOLVED by the Board of Commissioners of the Collier Mosquito Control District to herewith reque.~t that the Board of County Commissioners of Collier County, Florida, use its statutory authority pursuant to Florida Statutes Section 388-9-11 to approve tho following change i~ the boundaries of the Collier Mosquito. Control District and to mend the Chartax creating the Collier Mosquito Control District to conform with the boundary change expanding the Collier Mosquito Control District which will include the Golden Gate Estates Units platted within the following Sections, Townships, and Range. s: Township 47S, Range 2TE: Township 48S, Range 27E: Township 47S, Range 28E: Township 488, Range 28E: Tovmship 495, Range 28E: Township 495, Raage 27E: Sections: 25, 26, 35, 36 Sections: 1, 2, 12, 13, 24, 25, 36 Sections: 28, 29, 30, 31, 32, 33 Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33 Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33 Sections: 1, 12, 13, 24, 25, 36 And, to tax residers thereof on the tax billing~ to be mailed in November of 2004 for such services at the establislgd Collier Mosquito Control District millage rate for the 2004-2005 fiscal year, to be determ~ed as provided by Florida Statutes. Service will commence October I, 2004. DONE, ORDERED AND RF3OLVED IN REGULAR SESSION OF COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIO~RS this I2' day of November 2003. ATTEST: Sta~~ch, Clerk PROPOSED EXPANSION OCTOBER 1, 2004 Pi~)posed E~L~te,'fl E.~lt¢'~. lmmm~l~mrle.~: 14 St, N .T~,., .~; E ~.:zm to DeSoto Blvd. arid fi-om lmmokatc¢ Rd_ .~u~ to 1-73. B£C 0 2~2003 EXECUTIVE SUMMARY APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE INVOLVING LITIGATION IN COLLIER COUNTY V. NAPLES GERIATRIC PROPERTIES~ LLC AKA SUMMER HOUSE CASE NO. 03-229-CA IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OBJECTIVE: The County Attorney's Office is requesting the Collier County Board of County Commissioners approve a settlement agreement and mutual release for all claims relating to litigation in Case No. 03-229-CA for payment of delinquent and unpaid impact fees in connection with Naples Geriatric Properties, LLC. AKA Summer House. CONSIDERATIONS: Pursuant to direction from the Collier County Board of County Commissioners, adult facilities that did not restrict school age children at the time building permits were issued or had no deed restrictions in place by the time of the issuance of Certificates of Occupanc. y were to be notified of and requested to pay outstanding impact fees. In all, approxitnately Twenty-Nine [29] facilities were reviewed for collection efforts. If this settlement is approved, only two facilities will remain and both are currently in litigation. In the process of reviewing the payment histories of such facilities, it was discovered that some of them owed fees to the County and some were due to receive refunds from the County. Summer House was notified in writing that unpaid School Impact Fees were outstanding in the amount of Sixty- One Thousand, One Hundred Ninety-Eight ($61,198.00) Dollars. They also owed Twenty-Nine Thousand, Five Hundred Twenty-Six ($29,526.00) Dollars for Community Parks, Thirteen Thousand, Two Hundred Forty-Six ($13,246.00) Dollars for Regional Parks and Thirteen Thousand, Three Hundred Fifty-Eight Dollars and Forty-Eight Cents ($13,358.48) in Library Impact Fees. There was an overpayment of Road and EMS impact fees in the amount of Eight Thousand, Six Hundred Four Dollars and Ninety-Three Cents ($8,604.93). On or about January 17, 2003, Collier County filed suit against Summer House seeking payment of the unpaid impact fees. After negotiations, a settlement was reached, pending approval by the Board of County Commissioners, wherein Collier County would accept a payment of Thirty- Five Thousand Dollars ($35,000.00) over seven (7) years with equal annual payments. Under the terms of the Settlement Agreement and Mutual Release, attached hereto as Exhibit "A", Collier County will forego its claims against Summer Itouse and dismiss its lawsuit with prejudice and Summer House will forgo any claims against the County. FISCAL IMPACT: The settlement will result in a net recovery to the County of Forty Three Thousand, Six Hundred Four Dollars and Ninety-Three Cents ($43,604.93), that will be allocated in pro rata amounts to the Schools, Parks and Library impact Fee trust accounts. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. AGENDA ITEM NO. m ~% ~ DEC 0 2 2003 RECOMMENDATION: The Collier County Board of County Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement agreement and mutual release on behalf of the County. {~J.~cqfieline Hubbard Robinson ~ssistant county Attorney Reviewed by: Amy Pa~~e on, Impact Fee Coordinator Approved by: Date: Il David C. Weigel, Co/unty Attorney AGENDA. JTEIWI,, NO._ DEC 0 2 2003 Pg .... "~ 2 SUMMER HOUSE SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUIIJAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between COLLIER COUNTY, (hereinafter referred to as "the County"), a political subdivision of the State of Florida and SUMMER HOUSE, AKA, NAPLES GERIATRIC PROPERTIES, LLC a Florida Limited Liability Corporation, (hereinafter referred to as "Summer House"). WITNESSETH: WHEREAS, Collier County has flied a Complaint against Summer House in the Circuit Court for the Twentieth Judicial Circuit in Case No. 03-229-CA, alleging that Summer House failed to pay impact fees; and WHEREAS, the matter has been set for trial; and WHEREAS, Summer House and the County desire to settle the disputes in Case No. 03- 229-CA and any and all disputes or claims that arise fronk relate or re£er in any way, whether directly or indirectly, to the County's Complaint; and WHEREAS, Summer House and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners~ principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Summer House and the County agree as follows: DEC - 2 2003 Page 2 Settlement Agreement & Release I. Summer House and the County adopt and incorporate thc foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agrecmem and Release. 2. In consideration of the resolution of all disputes or claims arising fi.om or referring or relating in any way, whether directly or indirectly, to Case No. 03-229-CA; and in consideration of the promises contained herein, thc parties agree as follows: (a) Upon execution of this Agreemem, Collier County shall file a final and complete release of lien, and dismiss its Complaint in Case No. 03-229-CA with prejudice. (b) Simultaneously with the recording of the final release of lien~ the parties shall cause this Agreement to be recorded in the public records of Collier County, Florida, and this Agreement shall constitute a lien and a use restriction on thc property described in the attached Exhibit "A" preventing it from being used for any purpose other than an Adult Assisted Living Facility. The use restriction shall terminate upon a sale of thc property to a non-affiliated party. (c) The $35,000.00 will be paid in eight (8) annual and equal installments of $4,375.00 to the County.over a period of seven (7) years as follows: The first payment shall be due and payable on January 31, 2004, and annually thereafter, until paid in full. (d) The balance may be paid in full at any time. 2 ~'~ ~- ~"' '~'^ iTEM No. /Z.. ~ DEC 2 2 03 Page 3 Settlement Agreement & Release (e) Summer House shall be granted a (15) day grace period in which to make the annual payment. A notice of nonpayment will be provided to Summer House with (7) days to cure thc delinquency prior to any foreclosure of the property pursuant to section (f) herein. (f) Failure to make the payments when due may lead to foreclosure of the property at the option of the County. (g) Thc settlement agreement shall be recorded and shall constitute a lien on the property described in Exhibit "A." and a deed restriction as described in Paragraph 2. (b). above. (h) Upon full satisfaction of thc amounts due pursuant to this Agreement, the County shall record a satisfaction of thc obligation duc hereunder. (i) No interest shall be duc and payable upon the unpaid balance unless Summer House fails to make "timely payment". For purposes of this paragraph, ''timely payment" shall mean payment on or before the expiration of the "cure period" as referenced in 2(e) above. If no timely payment is made, the remaining unpaid balance shall bear interest at the legal rate. (j) If Summer House fails to make timely payments hereunder or defaults under the terms of this agreement, the only defense that can be asserted by Summer House or its successor[s] in interest shall be timely payment. The County may, at its option, institute foreclosure proceedings upon any such default. No, / DEC Page 4 Settlement Agreement & Release 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt 'and adequacy of which is hereby acknowledged, Summer House and the County, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or natLu'e whatsoever that they have asserted or could have asserted against any other of them that arise ~om or relate to or refer to in any way, whether directly or indirectly, to Case No. 03-229-CA. 4. Summer House and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Summer House and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims. 6. Summer House and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party draRed the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 4 >-- 2003 Page 5 Settlement Agreement & Release 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreemem and Release. 8. In the event of an alleged breach of this Agreement and Release the sole venue for any resulting action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreemem and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Summer House and the County have signed and sealed this Agreement and Release as set forth below: · [THIS PAGE IS LEFT INTENTIONALLY BLANK] 5 No. ! DEC - 2 2003 Page 6 Settlement Agreement & Release NAPLES GERIATRIC PROPERTIES, LLC Witnesses: (~i~gn~ture) (Prini)? ~./.:._.~.,'; ~, (Signature) (Print) AUTHORIZED REPRES~Nq"A'~IVE THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN NAPLES GERIATRIC PROPERTIES, LLC. AND COLLIER COUNTY, FLORIDA WAS SWORN ' ~ ,: ~.~- / . ~. TO and subscribed by/ .,'c L:~:4 ..~"/~ ~/_~L~; before me, this / ~v day of J //'~ c-'vC¥~L/c_ ,2003. ,"-/' .Signature of Not~ Public ~:~'~ SHARON A. EVER~ ~Z~~~~~~, ~ ~ .... , p.~ic, s'~~ ~ My Co~ss~o~ expbes: 6 Personally Known or Produced Identification Type of Identification Produced AGENDA iTEt¢, DEC - 2 2003 Page 7 Settlement Agreement & Release COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Date: Deputy Clerk By: Date: TOM HENNING, Chairman Approved as to form and legal sufficiency: .acque[ine Itul~bard-Robinson ~ssistant County Attorney h: JHR/ Summer House settlement agreement & release Ne. / DEC 2 F'g._ ..... .~ _ EXECUTIVE SUMMARY APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER COUNTY AND COLLEEN MACORT AND ACCESS NOW, INC. IN REFERENCE TO CASE NO. 2:03-cv-109-FTM-29SPC THAT IS NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION. OBJECTIVE: To secure the approval of the Collier County Board of County Commissioners of a settlement agreement and mutual release. (A copy of the unexecuted agreement is attached hereto.) CONSIDERATIONS: Collier County staff has been involved in litigation involving handicapped access to County recreational programs at the Golden Gate Community Park against Colleen Macort and Access Now, Inc (hereinafter referred to as "Macort"). Macort has filed a Second Amended Complaint against Collier County in the United States District Court for the Middle District of Florida, Fort Myers Division, in Case No.2:03-cv-109-FtM-29SPC. Macort alleges that Collier County is not in compliance with Title II of 42 U.S.C. Sections 12131-12134 (hereinafter "the ADA"). The County filed a Motion to Dismiss Macort's Second Amended Complaint. The County retained an ADA expert who reviewed the Golden Gate Community Park facility. After his review, County staff and Macort entered into settlement discussions. Macort and the County, without any admission of any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the County's compliance with the ADA at Collier County's Golden Gate Community Park. Macort and the County have reduced a proposed settlement to a writing for presentation to the Board of County Commissioners for approval. The agreement provides that the litigation shall be continued for seven (7) months to allow the County to make required ADA accommodations that will then be reviewed by the Plaintiffs for ADA compliance. It is expected that such renovations can be accomplished within that time period. The agreement, if approved, shall be binding upon the County and Macort, as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. The settlement and mutual release will end the litigation except for a possible determination by the Court of (1). the extent of any reasonable attorney's fees, and (2). Whether the parties have complied with the terms of the settlement agreement. ACW_NDA ITr~ NO. DEC 0 2 2003 Pg. \ FISCAL IMPACT: The settlement will limit the County's litigation costs because it will shorten the litigation time. ADA cases provide for the payment of attorney's fees to prevailing Plaintiffs. Improvements at the park will be phased in over the next several months. Phase One includes the renovation of the restrooms located near the tennis courts. Total associated improvements to be made to park facilities are estimated at $58,000. Funds for improvements related to accessibility issues are available in Fund 190 (Itandicap Parking Fines). A budget amendment will transfer funds from Handicap Parking Fines revenue reserves to the appropriate expense cost center. GROWTH MANAGEMENT IMPACT: There is none. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board for the County. ~a~q. ueline Hubbaffd I/,obihsoh A, alsistant County Attorney John Dunnuck, ~Jiq~Services Administrator Approved by: David C. Weigel, ~o'unty//~amey Date: Date: Date: H: JHR] Executive Summa~j/MACORT MACORT SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County (hereinafter referred to as "the County"), a political subdivision of the State of Florida and Colleen Macon, a person who is suijuris, and Access Now, Inc., a Florida Not for Profit Corporation, (hereinafter referred to as "Macon"). WITNESSETH: WHEREAS, Macort has filed a Second Amended Compl~tint against Collier County in the United States District Court for the Middle District of Florida, Fort Myers Division, in Case No.2:03-cv-109-FtM-29SPC, alleging that Collier County is not in compliance with Title II of 42 U.S.C. Sections 12131-12134; and WHEREAS, the County has filed a Motion to Dismiss Macort's Second Amended Complaint; and, WHEREAS, Macort and the County, without any of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the County's compliance with Title II of 42 U.S.C. Sections 12131-12134, (hereinafter "ADA") at Collier County's Golden Gate Community Park, (hereinafter "Facility"); and, WHEREAS, Macort and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, attorneys, representatives, insurers, spouses, officers, employees, ex-employees, agents, successors, assigns, heirs grantees and affiliates. DEC Pg. Page 2 Settlement Agreement & Release NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Macort and the County agree as follows: 1. Macon and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to United States District Court for the Middle District of Florida, Fort Myers Division, Case No.2:03-cv-109-FtM-29SPC; and in consideration of the promises contained herein, the parties agree as follows: a. Collier County will make the necessary improvements to the aforementioned Facility to conform to current ADA requirements to the specifications contained in the ADAAG, Appendix A to 28 CFR Part 36, 1994 Edition, (hereinafter "the Work"), within six (6) months of the execution of this settlement agreement. The parties acknowledge that the modifications required by this Agreement shall be implemented according to the standards set out in the ADAAG and/or ANSI A117.1 - 1998. It is agreed that the modifications required by this Agreement shall constitute full compliance with ADAAG. The ADAAG dimensions, pursuant to Section 3.2 thereof, are subject to conventional building industry tolerances for field conditions. Completion of the modifications pursuant to the ADAAG and/or ANSI A 117.1 -1998 shall be considered full compliance with the ADA, to the extent the parties agree is readily achievable and technically feasible. b. The parties agree to stipulate and mutually seek leave of Court for a continuation of the litigation and to take no further legal action in Cas, 2 ~,l~cv- 109-FtM- GENDA ITEM 0 2 2003 Page 3 Settlement Agreement & Release 29SPC up to the time of completion of any needed renovations at the Facility for a period of no longer than seven (7) months from the effective date of this agreement; c. Macort, or her representatives, shall inspect the Facility within twenty (20) days after notification by Collier County that the Work has been completed; d. Any dispute regarding whether the Work has been satisfactorily completed shall be first submitted in writing to the County within ten (10) days after completion of inspection, (if any), by Macort and the parties shall first attempt to reach an amiable resolution of the dispute. e. If an amiable resolution of whether the Work has made the Facility ADA compliant cannot be reached by the parties within a reasonable time or within thirty days of the Plaintiffs' re-inspection of the Facility, whichever is earlier the issue of compliance with the ADA and this Agreement may be brought before the Court for a decision. f. Macort shall dismiss its lawsuit with prejudice in Case No.2:03-cv-109-FtM- 29SPC within twenty (20) days of the aforementioned re-inspection of the Facility or respond in writing pursuant to the terms set forth herein that the Work has not been performed to the Plaintiffs' satisfaction. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration as enumerated in this Agreement, the receipt and adequacy of which is hereby acknowledged, Macort and the County, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, 3 AGENDA ITEM -_~--)--~ No. .... DEC 0 2 2003 pg. 5 Page 4 Settlement Agreement & Release attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way, whether directly or indirectly, to Case No.2:O3- cv-109- FtM-29SPC and is/are specifically related to the Facility, with the express exception of an action to enforce this Agreement and/or the terms contained herein. 4. Macort and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Macort and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Macort or the County. 6. The County shall pay Macort's reasonable attorney's fees and costs, including expert's fees incurred in connection with this matter. Within ten days of the Plaintiffs' re- inspection of the Facility, the Plaintiffs shall provide the Defendant with a detailed billing statement. Within 10 days of receipt thereof, the parties shall reach an amicable resolution of this issue or shall defer the issue to the Court prior to dismissing this action to determine a reasonable attorney's fees and costs, including expert's fees incurred in connection with this matter by Plaintiffs to be paid by Defendant. 7. Macort and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this o. 4 DEC 0 2 2003 Page 5 Settlement Agreement & Release Agreement and Release is to be construed against any party based upon a claim that the party dra£ted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a v~itten instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Macort and the County agree that all underlying causes of action or claims o£ Macort and the County have been mutually extinguished, among and between each o£ them, by this Agreement and Release and that the sole remedy for breach o£ this Agreement and Release shall be for specific per£ormance o£ its terms and conditions; or for any damages arising from the breach. In this regard, Macort and the County further agree that the sole venue for any such action shall be in the original Court, the United States District Court, Middle District of Florida, Ft. Myers Division, or, if that Court refuses to accept jurisdiction thereovcr, a Court of competent jurisdiction in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. The laws of the State of Florida shall govern this Agreement and Release. 11. I£ any action or proceeding is commenced with regard to the subject matter of this Stipulation for Settlement, then the prevailing party in such action or proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said action or proceeding promptly reimbursed by the non-prevailing party. 12. The parties further agree that time is o£ the essence in all respects regarding this Stipulation of Settlement. 5 AGENDA ITEbr'~ NO._ DEC 0 2 2003 Pg. PuKe 6 Scttlcment Agreement & Release 13. The parties agree that this Stipulation for Settlement and any and all other documents in connection with the settlement of this matter may be executed in. counterparts, each of which shalt b6 deemed an original but ali o£which taken together shall constitute but one and the same instrument. Furthermore, the parties agree that a facsimile copy of a party's signature shall bc deemed the equivalent of an original. IN WITNESS WHEREOF, Macort and the County havc signed and sealed this Agreement and ReIease as set forth below: COLLEEN MACORT AND ACCESS NOW, INC. Witnesses: (Signature) By:, By:.~ COl.r EEN MACORT COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida BOAKD OF COUNTY COMMISSIONERS OF COLLIBR COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, Chairman Date: Date: Approved as to form and legal sufficiency: lacqueline Hubbard-Robinson Assistant County Attorney h: lI-lloJ Macort serd~ment ~ent & r~lcasc 6 AGENDA ITEMn - NO. ~ DEC 0 2 2003 Pg. EXECUTIVE SUMMARY PROPOSED BUDGET AMENDMENT TO ALLOW A NET TRANFER OF $3,652,700 FROM COMMUNITY DEVELOPMENT AND ENVIRONMENTAL FUND 113 RESERVES TO THE FUND 113 SOFTWARE SYSTEM REPLACEMENT PROJECT OBJECTIVE: To have the Board of County Commissioners approve an amendment allowing Community Development and Environment Services Division (CDES) to transfer a net of $3,652,700 to the CDES Software System Replacement project budget. CONSIDERATIONS: As part of the FY2003 budget approval process, the BCC approved a $2,300,000 budget for the replacement of the antiquated CDES computer software system, the actual funds to be transferred from CDES fund 113 reserves. In March of 2003, the BCC approved the bonding of this $2.3 million, which have not been issued to date, in that significant project expenses have not yet been incurred. After a rigorous selection process, Hansen Information Technologies was selected as the vendor of choice, and the BCC authorized contract negotiations. As the selection process progressed, it became evident to the project implementation team that the $2.3 million budget would not cover all the expenses associated with the project. The full and exact extent of the required funding was arrived at only once the negotiation process progressed with Hansen Information Technologies. Attachment "A" to this Executive Summary details the budget request of $3,652,700. Contracts with Hansen cannot be entered into until such time as this budget request is approved. The original request of a $2.3 million budget was based on estimates made in FY2002, and there has been significant expansion in staff's understanding of the potential automation and efficiencies offered to CDES's diverse business functions by this system replacement, thus the initial vendor related investment expenses have increased. Also, added to the original budget request are expenses incurred by CDES during the implementation process, the budgeting and tracking of such expenses being structured in conjunction with The Clerk's Finance Department's input. A member of the Development Services Advisory Committee (DSAC) served as a voting member of the selection committee. Also, at their November 5 meeting, DSAC voted to fully endorse this request for a revised $3,652,700 budget, recognizing the new software system as CDES's best approach to realizing efficiencies irt both approval processes and expenses. Currently within the Software System Replacement cost center, only funds actually spent or encumbered to date ($208,963) have rolled into the FY2004 budget, the remaining of the previously BCC approved $2.3 million fell back into Fund 113 reserves at the beginning of this fiscal year. The Budget Amendment associated with this Executive Summary, if approved, will transfer $3,443,737 from reserves to the project budget, for a net total of $3,652,700. AGENDA IT~EM. DEC 0 2 2003 FISCAL IMPACT: Initially, the funding for this request will be transferred from existing Fund 113 reserves, and will require no additional fee or tax revenue. At a future date, after the exact schedule of vendor payments is determined, staff will present the BCC with a proposal to take out a bond for all, or a portion, of the Software System Replacement budget, so to spread actual expenses evenly over the life of the new system. The amount, and timing, of the borrowing will be designed to minimize interest expenses, and thus are dependent on the final terms of the vendor contracts. Non-Fund 113 users of the new system will be assessed an annual fee to recover the expenses associated with providing them usage of such system, in a method conforming with recently established Fund 113 financial considerations. GROWTH MANAGEMENT IMPACT: There are no growth management impacts from this Executive Summary. RECOMMENDATION: Replacement budget as outlined in this Executive Summary. Garrett ~~-~al Operations, CDESi REVIEWED BY: . Date: Denny Baker, Director Financial Admin and ltousing By~'://~h~ES Date: APPROVED , ,. ~ . . . That the Board of County Cormnissions approves the Software System DEC 0 2 2003 A -CDES Software Replacement Budget Summary Hansen Software Costs Hansen Provided Professional Services Hansen Annual Service Contract iDES Provided System Hardware Implementation Expenses Project Contingency Reserves $853,800 ~ one time licensing costs for Hansen application $962,000 ~ Hansen charges for software implementation $170,800 ~ annual service and support fee $843,400 ~ servers and related infrastructure provided by CDES $368,500 ~ CDES project team implementation expenses $454,200 lmma~ 15% project contingency reserves Project Total Budget: $3,652,700 HANSEN SOFTWARE COSTS Unit Price # of Seats Cost LICENSES Land Management Family $120,000 CRM Family $60,000 Cashiering Fanfily $15,000 CAL LICENSES Building Permits $L200.00 150 $180,000 building permits and inspections module Planning $1,200.00 36 $43,200 planning module Projects $1,200.00 37 $44,400 project tracking module Code Enforcement $1,200.00 60 $72,000 code enforcement module Licensing $1,200.00 16 $19,200 contractor licensing module Cashiering Family $1,000.00 5 $5,000 cashier module Custo~ner Service $700.00 60 $42,000 customer service module Additional CDES Licenses $1,200.00 38 $45,600 CDES staff not currently on CD-PLUS Non-CDES Licenses $1,200.00 77 $92,400 Other Divisions , HER REQUIRED SOFTWARE IMV $1,000.00 20 $20,000.00 Dynamic Portal $35,000.00 I $35,000.00 interact access for Code $3,000.00 20 $60,000.00 SUB-TOTAL SOFTWARE: $853,800 PROFESSIONAL SERVICES Unit Price # of Seats Cost Project Management (per day) $1,500 230 $345,000 Hansen project management personnel Project Director $2,000 50 $100,000 Hansen project management personnel Software Set-up and Installation $10,000 Configuration & Installation for Dynamic PORTAL $15,000 I $15,000 for permits Configuration & Installation for HMS $15,000 I $15,000 Dynamic PORTAL Analysis (Permits) $15,000 I $15,000 Dynamic PORTAL Analysis (Licensing) $24,000 1 $24,000 Hansen Version 7.6 for Dynamic PORTAL $24,000 1 $24,000 Server License Mobile Solution Analysis $7,500 1 $7,500 Data Conversion Analysis $1,200 20 $24,000 analyze, map and convert Perconti db for addresses, parcels, contacts, company/contractors, employees and many existing code definitions Data Conversion (Based on Analysis) $1,500 40 $60,000 actual database conversion work Document Imaging System Interface Analysis $1,500 12 $18,000 allowing Hansen system to search for docmnent images within OTG system3 $1,500 12 $18,000 allowing Hansen systegn to schedule inspections, check At~A ~l'~r~J~ inspections and permits within Avaya's Conversant MAP403 ~ --~.-~"" '/~t ,t -- VR System Interface Analysis DEC 0 2 2003 Management System Interface Analysis $1,500 12 $18,000 allowing Hansen system to send all monetary transactions system3 luterl~ce Development (Based on Analysis) $1,500 45 $67,500 Onsite Training $1,500 80 $120,000 (Per Training Day, 12 students max per class) Onsite Tlaining ~br HMS $1,500 4 $6,000 (Per Training Day, 12 students max per class) Out of Pocket Expenses $75,000 Actual to be billed as incurred PROFESSIONAL SERVICES SUBTOTAL: $962,000 HANSEN'S ANNUAL SERVICE AND MAINTENANCE (20%) $170,800 CDES PROVIDED HARDWARE C ISCO 6513 $154,000 I $154,000 Replacement of user connections with higher performance (10 to 100 times after faster) and more fault tolerant equipment. Workg~oup S~,itches $3,200 20 $64,000 Additional File and Print Server $30,000 I $30,000 Increased Fault Tolerance for general file storage and printing Computer Room UP."; $60,000 I $60,000 power failure backup, surge protection lncrgen $25,000 2 $50,000 Fire Suppression for each IDF Domain Controller $11,000 I $11,000 Dedicated server to provide security validation insures user access to systems Card Key Access Ibr Computer Room $3,000 4 $12,000 Card Key access for all computer rooms Business Applications Clusler $140,000 I $140,000 Hansen Application Server Business Applications Test Clnster $140,000 I $140,000 Hansen Application Server Business Application Development 530,000 I $30,000 Hansen Application Server Cashiering tlardware ttardware Related Software $25,000 SQt Server Licenses Dual Processor $25,800 3 $77,400 Licenses for Development, Test and Production, we currently have some licenses on site that can be utilized tbr other servers. Load Simulation Software $50,000 I $50,000 Puts a simulated user load on systems for testing HARDWARE SUBTOTAL: $843,400 ! CDES IMPLEMENTATION EXPENSES CDES Implementation ?'earn SalaO, Expenses Funds for implementation team support for staffpartially re- assigned to implementation team, est 0.5 FTE for each individual, to be fully reconciled Building Permit and lnspecUons $35,000 1 $35,000 Permitting, Lic, Inspections Current Planning $35,000 I $35,000 2 staff members Comp Planning $35,000 0.5 $17,500 I staffmember Engineering $35,000 I $35,000 2 staff members Operations $35,000 I $35,000 Addressing and GIS Code Enlbrcement $35,000 1 $35,000 2 staff members FAH $35,000 I $35,000 Cashiering and Impact Fees Natural Resources $35,000 0.5 $17,500 1 staff member ipenses DATA PROCESSING SERVICES OTHER CONTRACTUAL SERVICES A6ENDA ITEM $20,000 any additional IT provided programming, esp interfaces $25,000 for any needed outside consultant expenses related to irnplimentation (data conversion, project management, ere) MILEAGE REIMBURSEMENT - REGULAR $2,000 Hansen user conference, other site visits OUT OF COUNTY TRAVEL $1S,000 user conferences, site visits POSTAGE, FREIGHT & UPS $500 '~ICE SUPPLIES - GENERAL $1,000 implementatoin related PITAL: DATA PROCESSING EQUIP $10,000 any needed project equipment 5Vorkflow Analysis PtTOj~ct Project and Support StaffTime $368,500 Proiect Contingency and Reserves Hardware I 15% $126,500 ;o ft ware 1 15% $128,100 Professional Services and Implementation I 15% $199,600 Contingency Sub-Totah $454,2001 AGENDA I'I'~_M I DEC 0 2 2003 P~. EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION TO ADOPT A POLICY FOR THE APPROVAL OF FUNDS FOR PAYMENT OR REIMBURSEMENT OF TRAVEL EXPENSES FOR OFFICIAL TOURISM BUSINESS OBJECTIVE: Adopt a policy to cover expenditures for County Tourism Department staff and other persons conducting official tourism business on behalf of Collier County with a finding that such expenses are in the public interest and promote tourism in Collier County. CONSIDERATIONS: Travel expenses for Tourism Department employees and agents under contract with Collier County are covered under Florida Statute 125.0104. This statute expands the permissible expenses for reimbursement beyond FS 112.061. A Resolution spelling out these permissible expenses is desired to assist the Clerk of the Courts in paying and reimbursing such tourism travel expenses. FISCAL IMPACT: The expenditures outlined in the Resolution are covered in the FY 04 Tourism Department budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this Executive Summary or Resolution. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution for the approval of funds to pay for or reimburse travel expenses for persons conducting official tourism business with a finding that such expense are in the public interest by promoting tourism in Collier County. SUBMITTED ~_~ JA W~ERT, TOURISM D~ DATE APPROVED BY: JO ~TT, ADMINISTRATOR bATE ,o. t6, A °z DEC 0 2 2003 [ RESOLUTION NO. 2003- A RESOLUTION ADOPTING A POLICY FOR THE APPROVAL OF FUNDS FOR TRAVEL EXPENSES FOR PERSONS CONDUCTING OFFICIAL TOURISM BUSINESS. WHEREAS, it is the intent of Collier County to reimburse Tourism Department employees and agents under contract with Collier County for travel on official tourism business in accordance with Section 125.0104, Florida Statutes, and Section 112.061, Florida Statutes; and, WHEREAS, all authorized travel expenses will be reimbursed to County Tourism Department employees or to employees of companies or individuals contracted for tourism services on behalf of the County at the actual expense; and, WHEREAS, the Board of County Commissioners has the legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLTNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the expenditm'e of funds for any and all travel by Tourism Department egnployees and authorized agents under contract with Collier County are as follows: APPROVAL REQUIRED. All travel for Tourism Department staff and authorized agents under contract must be authorized and approved by the Tourism Department Director, and by the County Manager for the Tourism Department Director, and funds must be available in the approved Tourism Department Budget. Those travel events that are not covered in the budgeted or contingencies categories in the Tourism Department Budget must be presented to the Tourist Development Council and Board of County Com~nissioners for approval. The COunty Manager, or his designee, must approve travel by authorized persons not employed or under contract by the County who are called upon to contribute time and services as consultants or advisors or participants for travel on County tourism business. All travel reimbursements require receipts. DOMESTIC TRAVEL. Cormnon CatTier. Travel shall be booked at the best available coach price. Ground Transportation. Taxi, shuttle and public transportation shall be reimbursed at actual cost including up to a 15% gratuity. Rental car use shall be booked or reimbursed for domestic travel at best compact rate available. Travelers shall use the rental car company holding the county bid, where available. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%, if not included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. Accommodations/LodginE. In-state travel outside 50 miles of office location is reimbursable at actual cost for single occupancy at the best available rate or at the headquarters hotel. Travel within 50 miles of the office - Accommodations expense reimbursement must be authorized by the Tourism Director if travel to home after the daily activities is deemed unsafe, or supervision of guests being entertained is necessary. Travel to destinations within Florida is tax exempt for accommodations. Travelers shall supply the hotel/motel with a Florida Sales Tax Exemption Certificate when checking in. N~.. I lal~-~:a- DEC - 2 2003 Co Do Expenses for the use of in-room dispensers or movies are not reimbursable. 5. Other expenses. Expenses that are approved by the Tourism Director are reimbursable including, but not limited to, tolls, ferry fares, tuxedo and costume rental, parking fees, charges for business telephone calls, including cell phone roaming charges, facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate (currently 29¢ per mile), mandatory valet parking, including a 15% gratuity, hotel resort fees, tips' to bellmen, parking attendants, and shuttle drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations if pre approved by the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. Business association, trade association, tourism industry association, Chamber of Commerce meetings, or event expenses are authorized for payment or reimbursement if subject matter is tourism related. TRAVEL IN FOREIGN COUNTRIES. Foreign travel will be conducted in compliance with federal standards detailed in the publication, "Standardized Regulations (Government Civilians, Foreign Areas)". 1. Common Carrier. Travel shall be booked at the best available coach price. Ground Transportation. Taxi, shuttle and public transportation shall be reimbursed at actual cost with receipt including up to a 15% gratuity. Rental car use shall be booked or reimbursed at best compact rate available. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%, if not included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. Accommodations/Lodging. Reimbursable for actual cost for single occupancy at the best available rate or at the headquarters hotel. Expenses for the use of in-room dispensers or movies are not reimbursable. Other expenses. Expenses that are approved by the Tourism Director are reimbm'sable including, but not hmited to, tolls, ferry fares, tuxedo and costume rentals, parking fees, foreign currency exchange fees, travelers checks fees, maps, charges for business telephone calls, including access, air time and phone rental charges for cell phones, facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate (currently 29¢ per mile), mandatory valet parking, including a 15% gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle.drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations with prior approval of the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. TRADE SHOWS / CONVENTIONS / TOURISM INDUSTRY AND ASSOCIATION MEETINGS. Expenses related to attendance at trade shows, conventions, association and tourism industry meetings, sales meetings and receptions and events are author/zed for payment or reimbursement at actual cost pursuant to this Resolution depending on whether the travel is foreign or domestic. Pursuant to Section 125.0104, Florida Statutes, registration fees for Tourism Department employees and authorized agents under contract with Collier County shall be paid in advance by County check or credit card or be paid by reimbursement. ENTERTAINMENT. Payment or reimbursement is authorized for any tourism promotion, event, meal, or occasion organized by the Collier County Tourism Department or other tourism organizations or agencies including, but not limited to, entertaining travel writers, journalists, travel agents, tour operators, airlines, travel consultants, wholesalers, consolidators, meeting planners, dignitaries and VIP's from foreign countries or anyone who can bring, direct or encourage travel or publicity to Collier County. (Collectively or singularly referred to as "Tourism Promoters"). Expenses such as meals for County employees who attend a function with Tourism Promoters in an official capacity are authorized to be included in the total cost of the function for payment or reimbursement. Meals. Meals include food and beverages associated with meetings, dinners~ promotions, cocktail parties and similar events, whether catered or provided by Collier County or other tourism organizations or agencies, at a facility or private location. Gratuities up to 15%, if not included in the bill, or up to 20%, if included in the bill, for groups or. special menus or events are authorized for payment or r6imbursement. Gratuities on discounted or complimentary meals are authorized as calculated on the full fair market price of the meals up to 20%. County employees must follow the County Ethics Policy covering acceptance of discounted or complimentary meals. Alcoholic Beverages. The cost of alcoholic beverages is authorized for payment or reimbursement for entertainment purposes for Tourism Promoters. The cost of alcoholic beverages for County employees is not reimbursable. 3o Gifts. Tokens of appreciation and mementos of Collier County given to Tourism Promoters are authorized for payment or reimbursement at actual cost. Transportation. Expenses for vans, limousines, buses or automobiles to transport Tourism Promoters are authorized for payment or reimbursement. 5o Accommodations. Expenses to house Tourism Promoters are authorized for payment or reimbursement at actual cost. Fo COUNTY PURCHASING CARD USE. The Collier County Purchasing Card may be used by Tourism Department staff for all travel, entertainment and registrations including the cost of restaurant meals. The Purchasing Cards issued to Tourism Department staff will have a single transaction limit of $2,0OO. THIS RESOLUTION ADOPTED this __ day of majority vote favoring same. after a motion, second and DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and lega suff~cien4y: . I4eidi I~ A~shton ' Assistant County Attorney By:. TOM HENNING, Chairman EXECUTIVE SUMMARY PROPOSED AMENDMENT TO RESOLUTION 2003-340 WHICH ESTABLISHED A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. OBJECTIVE: To have the Board of County Commissioners approve an amendment to the current fee schedule for Building Permit and Review fees and Development Services fees within the Community Development and Environment Services Division (CDES). CONSIDERATIONS: At the October 28, 2003 meeting of the BCC approval was granted to resolution 2003-340 to adjust CDES building permit and land use fees. During a Planned Unit Development (P.U.D.) monitoring workshop held on November 4, 2003, staff received direction from the Board to rescind the current P.U.D monitoring fees. These fees were located in section K.29 for the CDES Schedule of Fees. The attached resolution and fee schedule, attachment "A", outlines the complete revised fee structure proposed for CDES. This revised schedule rescinds the P.U.D. Monitoring fees. Staff assesses that these fees represent the proper and maximum amounts for such services allowed by Florida Statues. FISCAL IMPACT: This Executive Summary requires no budget changes and/or reallocation of funds, such changes having been made in the FY04 budget previously presented to the Board. It is currently anticipated that any potential shortfall of revenue within CDES during FY04 will be dealt with by the use of reserve accounts and / or adjustments in operating expenses. Specific funding proposals for P.U.D. monitoring functions will be placed before the Board for consideration at a future date. GROWTH MANAGEMENT IMPACT: There are no growth management impacts from this Executive Summary. RECOMMENDATION: That the Board of County Commissions approves the fee change as proposed. PREPARED BY:~~~~- Date: Garre Mullee, Manager- ancial Operations, CDES Denny Baker, Director Financial Admin and ltousing APPROVED BY~~-J Date: DEC 0 2 23S3 COLLIER COUNTY COM/ IINITY DEVELOPHENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC Proposed Version- Dec 2, 2003 Contents: A) ADMINISTRATION ............................................................................................................................................................................................... 2 B) BLASTING PERMITS & INSPECTION .............................................................................................................................................................. 2 C) ENVIRONM ENTA LffLANDSCA PING ................................................................................................................................................................ 2 D) EXCAVATION PERMITS .................................................................................................................................................................................... 3 E) FIRE CODE REVIEW FEES .............................................................................................................................................................................. 3 F) SITE DEVELOPMENT PLANS ....................................................................................................................................................................... 4 G) SUBDIVISION .......................................................................................................................................................................................... H) Engineering Inspection Fees ......................................................................................................................................................................... 6 I) TEMPORARY USE PERMTI'S ................................................................................................................................................................. 6 J) WELL PERM ITS/INSPECTIONS ........................................................................................................................................................................... 6 K) ZONING/LAND US[: PETITIONS ................................................................................................................................................................. ? L) MISCELLANEOUS .................................................................................................................................................................................. 8 M) BIJILDING PERMIT APPLICATION FEE ................................................................................................................................................ 9 N) BUILDING PERMIT FEES 10 O) ELECTRICAL PERMFF FEES ........................................................................................................................................................................ 10 P) PLUMBING PE~]IT FEES ....................................................................................................................................................................... 11 Q) MECHANICAI. PERMIT FEES .................................................................................................................................................................... 11 R) FIRE PREVENTION AND CONTROL PE~IT FEES ....................................................................................................................................... 12 S) MOBILE HOME/OFFICE TRAILER AND OTHER T~ILER PE~IT FEES ................................................................................................. 12 T) CttICKEES AND SIMILAR STRUCTU~S .................................................................................................................................................... 12 U) POOL OR SPA PERMIT FEES ........................................................................................................................................................................ 12 V) SCREEN ENCLOSU~ PE~IT & PAN ROOF FEES ...................................................................................................................................... 12 W) SIGN PERMIT FEES ........................................................................................................................................................................................ 12 X) CONVENIENCE PE~IT FEES ........................................................................................................................................................................ 13 Y) ~VISION AND AS BUILT PLAN REVIEW FEES; CO~ECTIONS TO PLANS .......................................................................................... 13 Z) PE~IT EXTENSION ......................................................................................................................................................................................... 13 AA) DEMOLITION OF BUlLDoG OR STRUCTURE PE~IT FEES .................................................................................................................. 13 BB) P~-MOV~G INSPECTION FEES ................................................................................................................................................................... 13 CC) INSPECTION FEES ........................................................................................................................................................................................ 13 DD) RE~SPECTION FEES ..................................................................................................................................................................................... 14 EE) FAILURE TO OBTAIN A PE~IT. ................................................................................................................................................................. 14 FF) LICENSING ...................................................................................................................................................................................................... 14 GG) DUPLICATE PERMIT CA~S ......................................................................................................................................................................... 14 H H) CHANGE OF CONT~CTOR OR SUBCONT~CTORS ............................................................................................................................... 14 I1) PE~IT FEE REF~DS ................................................................................................................................................................................. 14 JJFRECORD RET~EVAL ~) COPY FEES ........................................................................................................................................................................................................ 15 LL) RESEARCH ....................................................................................................................................................................................................... MM) SUBSCRIPTION SERVICE ............................................................................................................................................................................. NN) ELECTRONIC DATA CONVERSION SURCHARGE ..................................................................................................................................... 15 OO) ~GIST~TION OF ~NTAL DWELLINGS .................................................................................................................................................. 15 PP) FEE WAIVER PROCEDU~S ......................................................................................................................................................................... 15 QQ) ADDITIONAL FEE REF~D PROVISIONS ...................................................................................................................... ....................... mr"' 16 CDES Financial Administration, rev 11/13/03 DEC 0 2 2003 page I- ~ FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours $1,500.00, 20 to 40 hours $3,000.00, more than 40 hours $5,000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during an application review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3,000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Ad~ninistrative Code or the LDC). $500.00 (non-refundable) B) BLASTING l) 2) 3) 4> 5) 6) 7) 8) 9) PERMITS & INSPECTION 30 day permit fee, non-refundable payable upon application. $250.00 90 day permit fee, non-refundable payable upon application. $600.00 Yearly permit fee, non-refundable payable upon application. $1,500.00 Renewal permit fee, non-refundable payable upon application. $200.00 After-the-fact fee, due to blasting without a permit. $10,000.00 Fine fee, per detonated shot with after-the-fact permit. $200.00 Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 Blasting Inspection Fee. $200.00 (per inspection) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. C) ENVIRONMENTAL/LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 2) Environmental Impact Statement (ELS) $1600.00 3) Landscape Re-inspection 1st $50.00, 2nd $75.00, every inspection afterward $100.00 CDES Financial Administration, rev I 1/13/03 AGI~NDA ITEM 4) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be waived for public and non-profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 5) Reserved 6) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum) 7) Coastal Construction Setback Line (CCSL): a. Permit - Dune Walkover. $150.00 b. Permit- Dune Restoration. $200.00 c. Variance- Petition. $1000.00 8) Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 9) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum) 10) After-the-fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCAVATION PERMITS 1) Armual Renewal. $300.00 2) Application (Private). $400.00 3) Application (Commercial). $2,000.00 4) Application (Development). $400.00 5) Monthly inspection fee (commercial, development & private) $200.00 per month 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Fee: $200.00 first 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000.00 8) Time Extension. $150.00 plus $100.00 per month inspection fee 9) After-the-fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire a. b. C. d. e. f. g- h. i. j. Code Review fees associated with each of the following processes: SDP - Site Development Plan SDPA - Site Development Plan, Amendment SDPI - Site Development Plan, Insubstantial SIP - Site Improvement Plan SIP1 - Site Improvement Plan, Insubstantial PSP - Preliminary Subdivision Plans PSPA - Preliminary Subdivision Plans, Amendment PPL - Plans & Plat, Subdivision FP - Final Plat CONSTR - Construction Plans, Subdivision/Utilities $200.00 $150.00 $lOO.OO $15o.oo $100.00 $150.00 $100.00 $100.00 $100.00 $100.00 AC-JENDA ITEM ~ DEC 0 2 2003 CDES Financial Administration, rev 11/13/03 page 3 k. ICP - Construction Plans, Insubstantial i. DRI - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ- Planned Unit Development, Rezone o. PUDA - Planned Unit Development, Amendment p. PD1 - Planned Unit Development, Insubstantial q. RZ - Rezone, Regular Zoning r. CU - Conditional Use $100.00 $200.00 $150.00 $150.00 $150.00 $100.00 $100.00 $150.00 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per D/U b. plus $100.00 per residential building structure; c. plus $.10 per square foot for non-residential d. plus $200.00 per building for non-residential. e. Additional fees for 3~a review $1,000.00, 4th review $1,500.00, 5t~ review $2,000.00, 6th and subsequent reviews $2,500.00 2) Pre-application fee. __ $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. ¢. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. d. GMP pre-app meetings $250.00, refund previsions outlined in sub-sections a, b, and c apply. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building perrmt application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sheet submitted. b. Additional fees for 3rd review $1,000.00, 4th Review $1,50Q.00, 5th and subsequent review $2,O00.00 5) Site Development Plan Conceptual Review $750.00 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet CDES Financial Administration, rev 11/13/03 8) Engineering Site Plan Review Fee a. Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system b. Construction Inspection 2.25% of probable cost of construction ofroadwilY drainage, ,g-~ mwater management system DEC 0 2 2003 ~ page 4 I~. 9) Site Development Plan Amendment $2,500.00, a. Plus $40.00 per D/U plus $100.00 per residential building structure b. plus $.10. per square foot c. plus $200.00 per building for non-residential d. Additional fees for 3rd revie~v $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 10) SBR Fees a) b) c) Pre-Acquisition Meeting $500.00 (no refunds or credits) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staff hours 1 I) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4__~x the SIP/SDP application fee G) SUBDIVISION 1) Lot Line Adjustment $250.00 2) Subdivision Review Fees- a. Construction Document $0.75% of probable cost of construction b. Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 for each additional sheet c. Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approval construction documents $500.00 d. Subdivision Inspection Fee 2.25% of probable cost of construction for construction inspection. Subdivision, Preliminary Plat (PSP)o a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat $I000.00 plus $5.00 per acre (or fraction thereof) for residential, $1000.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.60 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs - 3rd and subsequent resubmittals $500.00 9) Construction Inspection 2.25% of probable water and/or sewer construction costs lO) Violation of the conditions of approval of approved construction plans or installation of im clearing, or other land alteration not depicted on, or otherwise authorized as a part of the a, construction plans or perrmt. 4_._~x the PSP or Final Plat Review Fee. 11) Administrative Amendment $250.00 CDES Financial Admimstration, rev I 1/13/03 )rovements, ~tuVC~AGENDA ITEM.._.., DEC 0 2 2003 H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 1s~ re-inspection $75.00, 2nd re-inspection $100.00, 3rd and thereafter re- inspection $125.00 I) TEMPORARY USE PERMITS 1) Beach Events Permits- Individual Permit $100.00 Block of 25 calendar days $2,250.00 Block of 50 calendar days $4,500.00 Block of 75 calendar days $6,750.00 Block of 100 calendar days $9,000.00 Block of 125 calendar days $11,250.00 Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $100.00 7) Rene;vals or extensions requested after the expiration date $200.00 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 A deposit of $500.00 will be posted by political campaigns at the time of securing a Political Sign perrmt. Forfeiture from this deposit will be in the amount of $100.00 per written notice of violation of applicable sign ordinance requirements for the 3rd and follo~ving such notices of violation. Such forfeiture shall be based on notices of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit, will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requirements. 10) Fees for Temporary Use permits issued After the Fact, ATF: 2__~x normal fee J) XVELL l) 2) 3) 4) 5) 6) 7) PERMITS/INSPECTIONS Hydraulic elevator shaft permit $300.00 Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 Well permit (abandonment) $150.00 Well permit (construction or repair) $300.00 Well permit (monitoring) $150.00 Well perrmt (modification of monitor/test well to a production well) $75.00 Well Reinspections a. First Reinspection $75.00 CDES Financial Administration, rev I 1/13103 DEC 0 2 2003 b. Second Reinspection $100.00 c. Third Reinspection $150.00 8) After the fact well permits 4x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre-application fee $500.00 (to be credited toward application fee upon submittal.) 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Pen-nit $4,000.00 ($1,500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DRI Review (In addition to cost of rezone) $10,000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/DO Amendment $6,000.00 plus $25.00 per acre (or fraction thereof) 9) DRIABN- DRI Abandonment $1,500.00 10) Flood Variance Petition $1000.00 11 ) lntemn Agriculture Use Petition $350.00 12) Non-Conforming Use Change/Alteration $1500.00 13) Parking Exemption $1500.00 14) PUD Amendments (PUD to PUD): $8,000.00 plus $25.00 an acre (or fraction thereof) 15) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendment (Insubstantial) $1500.00 17) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or fraction thereof) 18) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof) 19) Street Name Change (Platted) $500.00 plus $1.00 for each property owner street name change. 20) Street Name (unplatted) or Project Name Change $500.00 21) Variance petition: $2,000.00 residential, $5,000.00 non- residential 22) Variance (Administrative) $1,000.00 CDES Financial Administration, rev I 1/13/03 requiring notification of proposed DEC 0 2 2003 page 7 23) Zoning Certificate: Residential: $50.00, Commerciah$125.00 24) PUD Extension- Sun Setting: $1000.00 25) Sign Variance Petition: $2000.00 26) Stewardship Receiving Area Petition (SRA): $7000.00 plus $25.00 per acre (or fraction thereof) Stewardship Sending Area Petition (SSA): $7000.00 plus $25.00 per stewardship credit applied for. 27) After-the-Fact Zoning/Land Use Petitions 2_5x the normal petition fee 28) Land Use Petition Continuances a. Two days or less prior to meeting $500.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. 29) Reserved L) MISCELLANEOUS 1 ) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. $.50 as set forth in Resolution 98-498, as amended. 4) Requests for formal written zoning/land use verification or similar such request for written staff responses. $100.00 per property 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of ! hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. 7)CD Burning: $1.00, floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9) Photocopies of documents less than 11 x 17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b. Print out on Paper $75.00 + 0.05 for every record over 1500 c. Mailing Labels $80.00 + 0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + 0.11 for every record o¥ e. 11) Comprehensive Plan Consistency Review a. CU's $300.00 CDES Financial Administration, re,,' I 1/13/03 DEC 0 2 2003 Pg' p b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings a. Meetings with Planning Dept Project Manager per applicant request, site plan reviews and land use petitions in progress, $150.00 per one hour minimum, $75.00 per ½ hour thereafter. Additional Planning Department staff attending meeting per applicant request $75.00 per ½ hour per staff member. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per ½ horn: thereafter. 14) Adequate Public Facilities a. Plmming Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to ! hour research) b. Extended Research $100.00 per hour (any response with research in excess of I hour) 16) Zoning Letter Appeal $250.00 ! 7) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP a. Small Scale $9000.00 b. General $16,700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex $.05 per sq fi with minimum of $100.O0 b. Multi-Family & Commercial $.05 per sq ft up to 10,000 sq fl, $.025 for over 10,0( 3) Maximum application fee shall NOT exceed $5,000.00. 4) Minimum fee of $50.00 for each of the following: plumbing; mechanical (A/C); CDES Financial Administration, rev 11/13/03 DEC 0 2 2003. pg. /0 page 9 5) electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit C), whichever is greater. Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and'or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of $750.00 through $4,999.99 - With one or no inspections $50.00, With multiple inspections $100.00 Valuation of construction costs of $5000.00 through $49,999.99 - With one or no inspections - $30.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $80.00 plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00 - $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00 - $2800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. O) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. $0.40 per ampere rating of all single-phase panel boards. b. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and ckcuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If CDES Financial Administration, rev I 1/13/03 DEC 0 2 2003 page 10 inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The follo~ving fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of flctor area, or fi.action thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of 50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. CDES Financial Administration, rev 11/I 3/03 DEC 0 2 2 03 page 11 R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1) The pemUt fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES I) For construction of each public pool or spa the fee shall be - a. Valuation of construction costs of up to $4,999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99:$80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00:$333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00:$3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. W) SIGN PERbIIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical pernut Fees outlined in this document, the Collier County Development Fee Schedule The minimum building pernmt fee for sign shall be $75.00. CDES Financial Administralion, rev 11/13/03 page 12 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign perrmt Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded". c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION 1) The filing fee for each permit extension shall be equal to 10% of the original building pernut fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1 ) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. A(~A DEC 0 2 2003 CDES Financial Administration, rev 11/I 3/03 page 13 2) A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of $120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single-fanuly & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of $75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said pemfit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance ora duplicate permit card for whatever reason. HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new pernfit card. II) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. C DES Financial Administratmn, rev 11/13/03 DEC 0 2 20t:)3 /5'- page t 4 JJ)-RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 1 lx17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, ~nd codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the fa-st hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. I through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. OO) REGISTRATION OF RENTAL DWELLINGS I) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee- $10.00 PP) FEE WAIVER PROCEDURES 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requestin ~ the fee waiver. DEC 0 2 2 03 page 15 QQ) ADDITIONAL FEE REFUND PROVISIONS 1) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees. In no cases wilt there be refunds for pre-application fees, data conversion fees, appeals of adrmnistrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Deparmmnt management. 5) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Conm~unity Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until payments due CDES are received in full. 6) All hourly fees are computed and charged from actual Divisional time tracking records. 7) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 8) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 9) When deemed essential for project review or approval, there xvill be no additional charge for any meetings requested by CDES staff. DEC 0 2 2003 CDES Financial Administration, rev I 1/13/03 page 16 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTRY COMMISSIONERS OF COLLIER COUNTY ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR THE RESCINDING OF PLANNED UNIT DEVELOPMENT MONITORING FEES; AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; SUPERSEDING RESOLUTION NO. 2003-340, AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 2, 2003. WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and WHEREAS, the Board of County Cormnissioners approved Resolution No. 2003-340, establishing a fee schedule of development related review and processing fees on October 28, 2003; and WHEREAS, many operations within the Conununity Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, the new or revised fees fully comply with all relevant Florida Statutes relating to Public Records. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the revised fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. Page 1 of 2 DEC O 2 200,3 BE IT FURTHER RESOLVED that this Resolution relating to fees in the Land Development Code be recorded in the minutes of this Board and that Resolution numbered 2003~ 340 is hereby superseded by the adoption of this Resolution which will become effective December 2, 2003. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: p'a t ~-i c ~5-~th'i t ~' Assistant County Attorney Page 2 of 2 DEC 0 2 2003 /7 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "INDIAN WELLS GOLF VILLAS" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Indian Wells Golf Villas" CONSIDERATIONS: On January 23, 1997, the Board of County Commissioners granted preliminary acceptance of. the roadway, drainage, water and sewer improvements in "Indian Wells Golf Villas". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o 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. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. DEC 0'2 2C 3 Executive Summary Indian Wells Golf Villas Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Indian Wells Golf Villas" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. ~ouldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Svcs . Dat~ AGi~IDA ITF...~M , DEC 0 2 2003 Pg. RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN INDIAN WELLS GOLF VILLAS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE INDIAN WELLS GOLF VILLAS HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 6, 1996 approved the plat of Indian Wells Golf Villas for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the road~vay, drainage, and water and sewer improvements, and is recommending acceptance of said t~acilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer i~nprovements in Indian Wells Golf Villas, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Indian Wells Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ~,~xiencyt , p'at ri c k"'-O .'fWhi t ~ Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR]DA By: TOM HENNING, CHAIRMAN AGENDA DEC 0 2 2003 EXECUTIVE SUMMARY ~EQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VENTURA, PHASE ONE" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE To grant final approval of the infrastructure improvements associated with that subdivision known as "Ventura, Phase One" CONSIDERATIONS: On September 13, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewe~ improvements in "Ventura, Phase One" The roadway and drainage improvements will be maintained by the Pelican Marsh Community Development District. The water and sewer improvements will be maintained by the County. 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. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. DEC 0 2 2003 / Executive Summary Ventura, Phase One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Ventura, Phase One" 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, Engineering Review Senior Engineer Thomas E. Kuck, P.E. Date Engineering Review Director / County Engineer APPROVED BY: Comm~lnity Dev. and Environmental SVCS. DEC 0 2 2003. RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN VENTURA, PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 11, 1999 approved the plat of Venmra, Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91~102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Ventura, Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development Distr/ct. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal 'ency: Patrick G. White Assistant Collier County Attorney ^Cd~N~A rrtM DEC 0 2 2003. EXECUTIVE SUMMARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VENTURA, PHASE TWO" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Ventura, Phase Two" CONSIDERATIONS= On December 8, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Ventura, Phase Two" o The roadway and drainage improvements will be maintained by the Pelican Marsh Community Development District. The water and sewer improvements will be maintained by the County. 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. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT iMPACT: There is no growth management impact. DEC 0 2 2003- Executive Summary Ventura, Phase Two Page 2 RECOMmeNDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Ventura, Phase Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer date APPROVED BY: Svcs. DEC 0 2 2003 RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN VENTURA, PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 11, 1999 approved the plat of Ventura, Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Ventura, Phase Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for rgadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN Approved as to form and legal ~cy: Patrick G. White Assistant Collier County Attorney DEC 0'2 2003. Pg- 4 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CHASE PRESERVE FIRST REPLAT", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Chase Preserve First Replat", a subdivision of lands located in Section 34 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Chase Preserve First Replat" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Chase Preserve First Replat" be approved for recording. This project is an 18 Lot subdivision being developed by Stock Development, LLC. FISCAL IMPACT: The project cost is $30,837.44 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $14,894.84 - $15,942.60 The Security amount, equal to 110% of the project cost, is $33,921.18 DEC 0 2 20 3- Executive Summary Chase Preserve First Replat Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1965.12 Fees are based on a construction estimate of $30,837.44 and were paid in June, 2003. The breakdown is as follows: a) Plat Review Fee ($1000.00 + $5./ac)-$1040.00 b) c) Paving, Grading (2.25% const, est.) GROWTH ~ANAGF24~NT IMPACT: Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $ 111.71 Drainage, Paving, Grading (.75% const, est.)- $119.57 Construction Inspection Fee Water & Sewer (2.25% const, est.) - $335.13 Drainage, - $ 358.70 The required Impact Fees will be paid prior to issuance of the Construction Plan Approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCF~EOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECO~4ENDATION: Not required for this project CCPC R~COM~NDATION: Not requfred for this project ENGINEERING REVIEW SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Chase Preserve First Replat" for recording with the following stipulations: Approve the amount of $33,921.18 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. DEC 0 2 20O3. Executive Summary Chase Preserve First Replat Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: J~hn R. Houl~swo~th,' Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Jo se~~~rator Community Development & Environmental Services D~tez DEC 0 2 2003. Pgo ~,~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SUMMIT PLACE IN NAPLES, PHASE I", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE To approve for recording the final plat of "Summit Place in Naples, Phase I", a subdivision of lands located in Section 34 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Summit Place in Naples, Phase I" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance ._.Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. On April 22, 2003 the Board entered into a Construction, Maintenance and Escrow Agreement for the required improvements within this subdivision (Item 16-A-8). Engineering Review Section recommends that the final plat of "Summit Place in Naples, Phase I" be approved for recording. FISCAL IMPACT: The project cost is $2,137,748.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 556,050.00 - $1,581,698.00 The Security amount, equal to 110% of the project cost, is $2,351,522.80 D£C 02 2003I Executive Summary Summit Place in Naples, Phase I Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $39,116.20 Fees are based on a construction estimate of $2,137,748.00 and were paid in April, 2003. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)$ 790.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPAC?: Construction Drawing Review Fee Water & Sewer (.50% const, est.) -$ 2,780.25 Drainage, Paving, Grading (.0(]42% const, est$6,643.13 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $8,340.75 Drainage, - $20,562.07 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOgICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Summit Place at Naples, Phase I" for recording with the following stipulations: Approve the amount of $2,351,522.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. Executive Summary Summit Place at Naples, Phase I Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: ~~ r r ~seph K. ~'chmitt, Ad~inist ato mmunity Development & Environmental Services DEC 0 2 2003 EXECUTIVE SUMMARY APPROVE AN AGREEMENT TO ACCEPT A 100% REIMBURSIBLE ARTIFICIAL REEF MONITORING GRANT IN THE AMOUNT OF $3,500 FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. OBJECTIVE: To enhance the County's Artificial Reef Program by monitoring and evaluating the effectiveness of the County's artificial reefs. CONSIDERATION: The Florida Fish and Wildlife Conservation Commission (FWCC) has offered Collier County a $3,500 grant for FY 03/04. The funds will be used to evaluate the effectiveness of six artificial reef sites in Collier County. The evaluation of previously constructed artificial reefs is one of the ranking criteria the FWCC uses to award reef construction grants. The monitoring events will increase our competitiveness in the state reef construction grant process. The monitoring efforts will be primarily conducted with volunteer divers. FISCAL IMPACT: Funds were budgeted for this grant in the Environmental Services Artificial Reef Grant Fund. This is a 100% reimbursement grant and no matching funds are required. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC authorize the Chairman to sign the agreement for the $3,500 Florida Fish and Wildlife Conservation Commission grant. SUBMITTED BY~ ~~'--~ Date: Dougla~G'. S 't~, Seno~ Environmental Specialist REVIEWED BY: ~,-L~L~~-- Date: Wi~m D. Lorenz,CJr.-P.E.",P-~rector, Environmental Services Department A PPROVEDBY: ~"~a.~ ~~_~'~///" Date:///~/~ Jose~Jh ~. Schmitt, j{dministrator ! ' Cor/un, finity Development & Environmental Services AGI~I~A ITEM .o. DEC 0 2 2003. FWC Grant No. 03040 COLLIER COUNTY ARTIFICIAL REEF MONITORING PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Box MF-MFM, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Naples Florida 34112, hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE 1. Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Grantee Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall begin upon execution by both parties and end on June 30, 2004, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered after the termination date of the Agreement. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a co~t reimbursement basis in an amount not to exceed $3,500. PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services. reimbursement basis in accordance with Section 112.061, Florida Statutes. Travel expenses, if authorized in Attachment A, Scope of Services, shall be compensated on a cost - Page 1 of 13 - 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as Attachment B). 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. Invoices, including backup documentation, shall be submitted to: William Horn, Fisheries Biologist IV Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries For U.S. Postal Service Mail: 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 For courier service: 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 13. Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE Doug Suitor Senior Environmental Specialist Collier County 2800 North Horseshoe Drive Naples, Florida 34104 (239) 732-2505 Dougsuitor @ colliergov.net - Page 2 of 13- COMMISSION William Horn, Fisheries Biologist IV Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 (850) 922-4340 bill.horn @fwc.state.fl.us DEC 0 2 2003 AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc.). However, all modifications are subject to the mutual agreement of both parties as evidenced in writing. Any modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker's Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 19. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifically provided in this Agreement. CANCELLATION UNDER CHAPTER 119~ FLORIDA STATUTE~ 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE on conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 21. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The COMMISSION, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor tc m~int~in ~ncl ~llnw access to such records for audit purposes. A(~EI~A ITEM - Page 3 of 13 - DEC § 2 20 n3 LIABILITY 22. Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 25. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 27. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER - Page 4 of 13 - DEC 0 2 2 23 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES REQUIREMENTS 31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $25,000. 32. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31. 33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 34. The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety(90) days following the execution date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 38. The GRANTEE agrees to acknowledge the role of Florida saltwater fishing license funding in any publicity related to this Agreement. 39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 40. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code during the term of this Agreement. 41. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42. Effective July 1, 2000, the Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore. th~. shall be required to comply wit the audit requirements outlined in Attachment C, titled "l~equir~ii~'l~F.~e /.~i Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement,Is aPl~cable. -Page5of 13- i DEC02 2053 43. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. CERTIFICATE OF CONTRACT COMPLETION 44. The GRANTEE will be required to complete a Certificate of Contract Completion form when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. CERTIFICATE OF PARTIAL PAYMENT 45. The GRANTEE will be required to complete a Certificate of Partial Payment form when payment intervals have been noted in the Agreement. This form must be submitted to the COMMISSION's Contract Manager starting with the second invoice and with each subsequent invoice requesting partial payment. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. ENTIRE AGREEMENT 46. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK - Page 6 of 13 - DEC 0 2 2F,03 P~" ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By:. By: (Authorized Signatory*) Director, Division of Marine Fisheries or Designee '['om Henning, Cha±rma~ (Print Signatory's Name and Title) Date: Date: Collier County.. F]mrjda (Grantee) 2800 North Horseshoe Dr. (Address) Naples, FL 34104 (City, State, and Zip Code) 59-6000558 (Federal Employer Identification Number) Collier County Department of Finance Reimbursement Check Remittance Address: Atesst To Tom Henning Only Dwight E. Brock, Clerk By: Deputy Clerk ved as to form and legality: · FWC Attor~/ey 3301 E.Tamiami Trail, (Address) Nal~les, Florida 34112 (City, State, and Zip Code) Approved as to f~,~ a~d legal sufficiency: County-Attorney *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Scope of Services Attachment B Exhibit 1 Requirements of the Federal - Florida Sinqle Audit Acts State and Federal Funds Awarded throuqh the Florida Fish and Wildlifl Commission - Page 7 of 13- ATTACHMENT A SCOPE OF WORK COLLIER COUNTY ARTIFICIAL REEF MONITORING GRANT INTRODUCTION The objectives of the monitoring project will be designed to provide baseline data towards evaluating the success of six (6) Collier County artificial reefs. Additionally, the monitoring will provide a comparison between the varying types of material and deployment methods used. The monitoring project will be accomplished using volunteer divers and County staff. The money requested will be used for transport of divers to the reef site. REEF NAME :lam Pass 3 Mile 01 Doctors Pass 5 Mile iordon Pass 4.5 mile Marco 2 Mile - 02 Sta. Lucia Wiggins Pass 4.6 Mi!e REEF MATERIALS LATITUDE LO~NG~II_T_U~D~E,A__GEi__~_TO__N_S_ :FT-PRT ~RELIE_F_[ D-DATE -81.86952 ~-- 3i 3754000 6! M.a_y_~ :ulverts9ridge debris 26.26'22529 ' -81.9058417020 CONCRETE BRIDGE RUBBLE 26.09657 ~_-81.88867 l 10! 4_O0_.~15625 ~ 41 Mar-9: ~C~1-~3~ RUBBLE '-25.~2~)~-! '-~i~0-- -3~i iship and pilings 26 08992 -81.84359 i 6i 400125000 ~ 12i Jun-97 Ibaree and crane ! 26 29115 -81 91942 I 151 300i3600 i 8 Feb-87 (1) Samplinq schedule and number The data to be collected will include fish counts, benthic community structure, reef maps, area maps, user interviews, and counts of types and number of pieces in the deployment site. The data will be collected twice per year, spring and fall, for each of six (6) reefs, for a total of twelve (12) sampling events. Upon grant execution the project will begin and will be completed within twelve (12) months. (2) Monitorinq tasks a. Fish Counts -fish counts will be conducted following the REEF roving diver protocol. b. Benthic community structure -This will be recorded through macro photography of a standard one (1) meter quadrant placed randomly on the reef. A divers buoy will be deployed at the site and a GPS number will be recorded. c. Reef Maps -Reef maps will be drawn by measuring out from a center point with a 100 foot tape measure on 15° increments. The center point will be buoyed and a GPS location will be recorded, d. Area Maps -An area map of the site will be produced using a GPS and a bottom machine. A boat will cross the site on 100 foot transects recording GPS locations for bottom profiles. e. User Interviews -Attempts will be made to interview boaters within the reef sites. The interview will include questions related to frequency of use, residence, money spent on trip, fishability and diveability of reef etc. pieces comprising the reef. Reef piece count -During the mapping an attempt will be made to count the type and number of - Page 8 of 13- DEC 0 2 (3) Quality Control of dat~ The data will be compiled by the Natural Resources Department to ensure accuracy in data entry. Trained and experienced volunteers, working in pairs, will conduct the fish counts. Maps will be ground-truthed during subsequent monitoring events. Photographs of benthic quadrants will be submitted as part of the dataset. (4) Data collection and analysis. The data will be compiled and attempts will be made to create statistically valid comparisons of benthic growth, fish abundance and reef use between and within the group of sites chosen. A report summarizing the conclusions will be produced following the completion of the monitoring project. (5) Data submittal and report format.~ An overview of the results of the survey will be produced as a report using Microsoft Word and will also be published on our website as an Adobe Acrobat file. Fish Counts -The results of the surveys will be submitted as database files produced with Microsoft Access in FWCC fish census format. They will also be submitted to REEF on their survey forms. Benthic community structure -The percent coverages by species will be reported as database files produced with Microsoft Access. The photographs of the quadrants will be submitted as jpeg files on CDRom. Reef and Area Maps -the reef drawings will be submitted as ArcView event themes. User Interviews -The results of the surveys will be submitted as database files produced with Microsoft Access. REPORTS Collier County shall submit progress reports every sixty (60) days following the execution of this Agreement; describing work performed, problems encountered and planned solutions if needed. INVOICES AND PAYMENTS For satisfactory completion of the twelve (12) monitoring events as described above, the FWCC agrees to pay Collier County a maximum of $3,500 on a fee schedule basis of $250 per monitoring event and $500 for the submittal of a final report summarizing the entire project. A final report shall be submitted with the second invoice with all final data and other documentation required by this Agreement by June 30, 2004. REST OF PAGE INTENTIONALLY LEFT BLANK - Page 9 of 13 DEC 02 - ATTACHMENT B REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. Monitorin~ In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal'resources received from Commission. The determinatiofi of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subp. art C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART I1: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(I), Florida Statutes. assistance awarded through the Commission by this agreement. In determining the state expended in its fiscal year, the recipient shall consider all sources of state financial assist financial assistance received from the Commission other state agencies, and other non-~ - Page 10 of 13 - In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 0.650 (non~)rofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement ind :ales finar~al assistance nce, in~3~lll3'~J~e :ateDe~ti~s~ /[ financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART II1: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: - Page 1 1 of 13 - The Commission at the following address: DEC 0 2 2003. Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Cimular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488-6068. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. - Page 12 of 13 - ~lOA ITEM DEC O r2 2003 n. 13 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NONE COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NONE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NONE SUBJECT TO SECTION 215.97~ FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program 77.007 Collier County $3,500 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. NOTE: Section .400(d)of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. -Page 13 of 13- DEC O. 2 2003. n. EXECUTIVE SUMMARY PETITION CARNY-2003-AR-5043, PEG RUBY, SPECIAL EVENTS COORDINATOR, COLLIER COUNTY PARKS AND RECREATION, REQUESTING A PERMIT TO CONDUCT THE ANNUAL "SNOWFEST" CARNIVAL ON DECEMBER 6 AND 7, 2003, AT THE GOLDEN GATE COMMUNITY PARK LOCATED AT 3300 SANTA BARBARA BOULEVARD. OBJECTIVE: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the annual "Snowfest" carnival on December 6 and 7, 2003, on County owned property located at the Golden Gate Community Park at 3300 Santa Barbara Boulevard. The applicant is requesting a waiver of the surety bond. CONSIDERATIONS: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct their annual "Snowfest" carnival. She has presented evidence that all the criteria have been met for the issuance of this carnival permit, other than the waiver of the Surety Bond. Staff does not take issue with the request for the waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $1,000,000.00 has been purchased and the County named as additional insured. FISCAL IMPACT: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department has processed an interdepartmental payment of fees to cover the cost of the $275.00 permit application fee. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the annual "Snowfest" carnival and waive the surety bond. PREPARED BY DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE ~0~PH K. SC[i~ITT, ADMINISCFRATOR ~d~TY DEV. AND ENVIRONMENTAL SVCS. / ATE DEC 0 COLI R COUNTY DIVISION OF PUBHC SERVICES larks and Recreation I~pa~eat 3300 Santa Barbara Boulevard · Naples, Florida 54I 16 · (239) $53-0404 · FAX (239) 353-1002 Website: colliergov, net November 18, 2003 Susan Murray, Current Planning Manager Planning Services 2800 North Horseshoe Drive Naples, FL 34103 Dear Susan: The Collier County Parks and Recreation Department is applying for a carnival permit and would like to request waivers for the surety bond, Snowiest will be held at the Golden Gate Community Park, 3300 Santa Barbara Boulevard, Naples, FL on Saturday, December 6, 2003 from 10:00 am - 5:00 pm. The carnival will remain open on Sunday, Deeernber 7th frora 12:00pm - 5:00pm. If you have any questions, please contact me at 353-0404. Thank you for your assistance. Sincerely, Peg Ruby, Coordinator Collier County Parks and Recreation ITEM DEC 0 2 2003. TOTAL P.O1 NOTE: Please read reverse side before completing this Petition. Copy: Zoning Director Copy: Petitioner Copy: (4) County Administrator CARNY--03-AR-5043 SNOW FEST CARNIVAL OPERATION PETITION PETITION NO. , __ ' - -" PETITIONER'S NAME: PETITIONER'S ADD~SS:~~ PETITIONER"S E-~IL ADD.SS: ~... ~] ~ ow . s L~an ~E~TP, Om O~ ~U~J~.d~.T~: E, LLO ATION: CU~ENT ZO~NG: ~ NATU~ OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3.a. / 3.e.1) {// 3.e.4>. //"' 3.e.7> 3.b. 3.e.2) k// 3.e.S), L/ 3.e.8) 3.c. j 3.e.3>. / 3.e.6). L~ 3.e.9> 3.d. t,,'/ Comments: SIGNATI~E OF PE~YIONER DATE REVIEWED by Board of County Commissioners: Approved: [] Disapproved: [] Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRAT( A~A rrg_~ .o. DEC 0 2 20O3 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. will apply to every proiect. Items in bold type are required. Not all items 1. Legal description of subject property or properties (copy of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 3. Stree.~ss~sses~~e, if a d assigne ' · - cyo 4. Location map, showing exact location of project/site in relation to nearest public road right- of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) ~-] SDP (Site Development Plan) [--] PPL (Plans & Plat Review) 10. ~'l SDPA (SDP Amendment) I--] SDPI (SDP Insubstantial Change) [--I SIP (Site Improvement Plan) [--] SIPA (SIP Amendment) [-] SNR (Street Name Change) [--] PSP (Preliminary Subdivision Plat) [--] FP (Final Plat) [-'] LLA (Lot Line Adjustment) [-'l BL (Blasting Permit) [~] ROW (Right-of-WaY Permit) [--] Vegetation/Exotic (Veg. Removal Permits) ['-] EXP (Excavation Permit) [] Land Use Petition (Variance, Conditional Use,[-] VRS,.,FP (Veg. Removal & Sit~ ~,jll Pel-mit) rx-nB~°.atD°ckExt" Rez°n~rez°n,e, etc.~ c-~.~] ,' e..~ C ~,~_~t ~~ 4--' ~k~'Dther - Describe: k,._ Project or development names proposed for, or already appearing in,~ondomi" nium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: [ I Checklist is to be Faxed Back ["'] Personally Picked Up 12. Applicant Name Phone Fax 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Address Number Address Number Address Number Approved by. Date INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: ¢,~ f~ 0L~i ~[fl ?J~L ~f)(~5 ^ ava Name of Booth: ,- _. ~ , ~ ~ · . ~ Person in Charge of Booth: ~~ -[ ~[ Types of Food or Beverage to be Served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event s,hall not be done in private homes. Location of advanced food preparation: _~j{ ¢~/r~/~. How will food be transported to event location? _ _ . Method o~ food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, cougl]~, sneezes. How will you provide this protecti n? Describe type of structure: ~[ , Adequate facilities and supplies shall b~ provided for employee hamlwashing. How will you provide this? ~~ ~- 1~~ For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-24 DEC 0 2 2003 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? / YES [~ NO [--] I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Signatur~/f ~licant Date: CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS DEC 0 2 2003, SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Address of Event: ' ' ~Operation: Date(s) of Event: Sponsor of Event: Address of Sponsor:-v Person in Charge of Food Service: Phone: ._r~),~3' ~(~' Number of Food and Beverage Booths: Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male ( ~ ) Permanent: Male (~'~) Method of toilet waste disposal: ~ Female I.~) Female ) Describe containers and method of solid waste dispo.sal Number of solid waste disposal containers provided: Describe facilities and method of handwashing: Describe facility, method~of utensilc~c ,~?washing' rin..sing and sanitizing: Source of potable water: For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403-2499 DEC 0 2 2003 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Date: CARNIVAL PETITION APPLICATION/ SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS DEC 0 2 2E, 3 O[~¥OH $1111'tl~ 00ULF..VAn 0 ]tiE) ~/////////0 (~///////////////~ c'////////?////////////////fO AGE]~IDA 2 2003 ~* TOTRL PRGE.O~ ** COLLIER COUNTY DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 Website: colliergov, net October 14, 2003 Bill Sylvester Fire Marshall Golden Gate Fire Department Dear Bill: The Collier County Parks and Recreation Department is requesting the Golden Gate Fire Department to supply us with a written letter stating that you have been informed of Snowfest 2003 and are taking provisions for fire safety. Snowfest will be held at the Golden Gate Community Park, 3300 Santa Barbara Boulevard, Naples, FL on Saturday, December 6, 2003 from 10:00 am - 5:00 pm. The carnival will remain open on Sunday, December 7th from 12:00pm - 5:00pm. If you have any questions, please contact me at 353-0404. Thank you for your assistance. Sincerely, Peg Ruby, Special Events Coordinator Collier County Parks and Recreation C C DEC 0 2 2003- ,,. // COIJ2ER COUNTY DIVISION OF 'PUBLIC SERVICES Parks and Recreation Depaffment 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 ° FAX (239) 353-1002 Website: colliergov, net October 1 O, 2003 Collier County Sheriff's Office C/O Lieutenant Mike Jones 3301 Tamiami Trail East, Bldg. J Naples, FL 34112 Dear Lieutenant Jones: The Collier County Parks and Recreation Department is holding the 18th ANNUAL SNOWFEST on Saturday, December 6, 2003,.from 10:00 a.m. - 5:00 p.m. The carnival will remain open on Sunday, December 7th from 12:00pm - 5:00pm. ~ I am requesting the Sheriff's Office to cover the comer of Recreation Lane and Santa Barbara Blvd, Radio Road and Santa Barbara Blvd, the entrance of Berkshire Commons Shopping Plaza on Santa Barbara Blvd. and inside of the event to assist with crowd control. All parking is located at the Berkshire Commons Shopping Plaza. Trolleys will start running at 9:30 am and will end at 5:30 pm. Road signs are located on Santa Barbara Boulevard directing people to park at Berkshire Commons. I think 6 deputies between the hours of 9:30a.m. - 5:30 p.m. would.be sufficient. Please give me a call at 353-0404. Looking forward to working with you once again. Sincerely, P~~,~ssPe~ci~a vents Coordinator Collier County Parks and Recreation Department no. DEC 0 2 20 3 '' "~' ~ :- 18 Tons Medium Pile (4 - 7 years} 12 Tons .~ ~ ' ..:' ~ .~.' ~,._~ , , Toboggan/Snow Boarding Hills ? tons Small Pile ' :~ -'~: · -'- (0 - 3 years) 8 Tons Bounce house Vendor Entrance 20 3 ~HTY Y EAR ,~IVERSAIIY CIL-00 November 7, 2003 BOARD OF COMMISSIONERS 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 RE: Certificates of Insurance Enclosed is an original and/or a duplicate Certificate of Insurance. Thank you for the opportunity to serve you. If you have any questioqs please feel free to contact me anytime. Sincerely, David Gallace Account Executive Eric 1 o sure ALLIED SPECIALTY INSURANCE, INC. CERTIFICATE OF LIABILITY INSURANCE 1[/07/03 Mum. Allied Specialty Insurance, Inc 10451 Gulf Blvd. Treasure Island, FL 33706 800/237-3355 Tolve P~esentations, Inc. DBA: Third Generation 8628 Constitution Drive Homestead FL 33034 THI*q CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AMD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC lES BELOW. II, J~URERS AFFORDING COVERAGE N,aJC # ,NS~E.^~ T.H.E. Insurance Company INSURER. B: IN~URER C: I~ISURER D~ ,GES THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO'I'HE INSURED NAMED ABCNE FOR THE POUCY PERIODINDICATED. NOT~MTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMERT V~TH RESPECT TO WI-IICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HF_RBN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOV~N ..MAY HAVE BEEN REDUCED BY PAiD CLAIMS. Id~lR. M)I~L POLZCY EFFECTN~ POUCY A X CO..[aC~GENE~'L,.,U~ M3MFS120 04/17/03 04/17/04.E.,S~E~aS~O~,.~ , 50, 000 ~ON~&^~V~U~ $ 1, 000, 000 OEN~~T[ $ 10, 000, 008 [ GEN% AGGREC~TE LiMiT AppLiES pER; pROU~T$. COMp~ AGO 1 F~ICY ~'~ .IFCT ~-~ LOC AUTOMOBLE LIABILFFt' COMBINED SIHGLE IJMIT ANY At,rro (FA ALL ;)WNED AU*TC~ ~X)ILY INJURY SCHEDULE;) AUTO~ CP~r ~) i-BRED AUTO~ BODILy iNJURY $ NON-OV~4ED AUTOS (P~r mcr. Jd~t~ pRO FER'T~ QAMAGE (l~r ~ UABIU'IrY AUTO ONLY - EAACCIDENT ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AZ~G $ ~ E I WUMB Rr:::LLA L~ ~,aj,ry EACH OCCURRENCE S ~ OCC~JR [~ C~UId8 MADE AGGREGATE S DEDUCTIBLE RETENTION ~ S WORKER~ ~OIdPE#~'RON AND 1Y']la¥ ~ B~t. OYE~I~ ~Ll~lt' EL. ~H AC~I~NT S ANY PROP RIETORfPART N E PJ[3~E ¢ UT ~/E (3FF~CER~4EMBEE EXCLUOE~9 E~. ~A~E* EA EM~.OY~_E $ SPECIAL pl~,Vt~lc~n b-Jew Et. DtSEASE- POLICY LIMIT S EVENT DATES: 12/10/03 Additional Insured: BOARD OF COMMISSIOSERS through z ./z /o3 · T UU '. NAPLES Fr, 34112 2ERTIF~ATE H OLDER BOARD OF COMMISSIONERS 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 %CORD 25 (2001/08) ACQJ?J CERTIFICATE OF LIABILITY INSURANCE I ~o~Allied Specialty Insurance, Inc THI$CERTIFICATEISI$SUEDASAMAll,-KOFINFORMATION 104 51 Gu 1 f Blvd. ONLY AMD CONFERS NO R~H~ UPON ~ CER~FICATE HOLDE~ THIS CER~F~ATE DOES NOT ~EHD, ~TEND OR Treasure Island, FL 33706 ALTER TH; COVE~GE AFFORDED BY~E~LICIES g~OW. 800/237-3355 I~URERS AFFORDING COVE~GE N~C Tolve Presentations, Inc. ,~s~ T.~. E. Insur~ce Company DBA: Tkird Generation 8628 Constitution Drive Homestead FL 33034 ,~su~ ~ THE POLICIES OF INSURANCE USTED BELCRN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMEHT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ~NITH RESPECT 1'0 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE UIdlTS SHOWN MAY HAV~ BEEN REDUCED BY PAID CLAIMS. GEI, IERAL UAI~JI'Y GENERAL LI~ILITY M3MF8120 04/17103 04/17/04 LJMr ~CHOOCU.~NC~ ~ 1, OOO, 000 f3AMAGE TO RENTE11 $ 50,000 __ CLNNS MADE [~'~ OCCUR ANY AUTO AL OWNED AU'rOg ~HEDUL B~ ,4t~r'os CZau~k~ LJ&BlUTY DEDUCTIBLE RtETE 1,4"r IO ~ ! WORJ~ COMPEAII&TroN ~ OFFICER/MEAd BE R EXCBLIDED'? DI~C~PllON OF OP~AllON~ I LO~AllONI I VEN~ rt I EXCLU~ONI AJX~D rf ~ I I~ iCJ. AL I~0~1~aN I EVENT DATES: 12/06/03 Additional Insured: BOARD through 12/07/03 GOLDEN GATE COMMUNITY PARK CERllFICATE HOLDER BOARD OF COMMISSIONERS 3301 TAMIAMI TRAIL EAST ~[APLES FL 34112 , 1,000,000 ~P.,~.AGG,eC, ATE ,10,000,000 PRO~%JCT~. COMP~P~O ~ 1, 000, 000 (Pm- AUTO OILY - FA N::CIOENT OTHER THAN AUTO ONLY:. EACH OCCURRENCE l vvc STATU- IO'TH- EL. EACH ,AC'~_ _~DENT IL OI~EA~'E - FA. EM~JDYEE Fr,.L ~E- I°OLL"Y LIIdlT CANCFLLATION OF COMMISS] DEC 0 2 2003 i ACORD 25 (2001~D8) ADC NO. INVOICE BOARD OF COUNTY COMMISSIONERS COLUER COUNTY COURTHOUSE COMPLEX NAPLES. FLORIDA 34112 TO: Collier Co. Parks & Recreation Invoice: Date: No. J3662 Nov. 18, 2003 Applic. P.O. No.: Department: Zoninq Phone: 65 9 - 5748 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY- CHARGES EXPENSE[ UPON RECEIPT OF YELLOW COPY IN FINANCE] DESCRIPTION AMOUNT Carnival Permit for Snowfest to be held Dec. 6 & 7 , AR-5043 275.00 TOTAL AMOUNT $ 275 . 00 MAKE CHECKS PAYABLE TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT FUND 131 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 IFUND I 111 FOI:IM 82- l REVENUE ACCOUNT EXPENDITURE ACCOUNT COST CENTER I OBJJEXP. CODE I PROJECT 156349 649010 DEC 0 2 2003- Invoice:, No. ~mt. Encl.: ~/R No.: 43662 STATE OF FLORIDA: COUNTY OF COLLIER: Permit No. PERMIT FOR CARNIVAL EXHIBITION WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has presented to the Board sufticient evidence that all criteria for thc issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has requested a waiver of the surety bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, to conduct a carnival on December 6 and 7, 2003, in accordance with thc terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of the surety bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: Approved as to Form and ncy:. I l~:[~ck G. White · Assistant County Attorney CA RNY-2003-A R- 5043 ,Snow Fe~t/SM/sp BY: TOM HENNING, CHAIRMAN 1 of 4 ITEM .I 0 DEC 0 2 2003. Parcel , -.,.~ ~.......~./~ - .. .~.. . . ...~ ._~ .... .~ ~ ~ . ~,~,.~ t A ¢EL All that.part of seCtlon 33, Townshtp 49 Soutlt, Range 26 East, Co111er County, Florida; and being more part~CuTarTY described as commencAng ~t ~he nbr~h ues~ corner of Sec~Son 33, ~ownshtp 49 Sou~h, Range 2S [&sc, Coiller County, Flortda; ~hence ~long ~he north l~ne of above section, 87-,S3,.2~' [as~, 1AO.Q7 tee~ ~o ~he e&s~ rAgh~-o~-~aY San~a Bar, ara ~oulevard; ~hence ~1ofl9 the eas~ right-of-way of s~d S&n~ Boulevard. South O*-OO'-59' Else, 5G0.73 feet ~o an angle po~n~ tn said ~tgh~-of*waY; thence continuing ~on9 s~ right-of-MaY East, t38.~0 fea~ ~o the south ~ina of &he Access RoAd; thence ~ong ~ha south ~tna of ~he Access Ro~d Horth 89..58r.5~" East, 6~9.75 feet to the POIHT OF BEGTHNIHG of the P~rceT herein d~'scribed; thence continuing ~long the south line of the Access Road Horth 89'-58'-52" Else, 84~.BO feeL; thence southHester~ 93.86 feet along the 4re of clrcullr curve concave to the .south hLvtn9 ~ rAdtus of ]302.33 feet Apd being Subtended b~ & chord belts south 69'-6Z~'48" Nest 93.49 ~eet; of i thence ~eskerl~ 684.76 feet [lon9.'the arc circular CUrVe coflcive:to tht north'hivtn9 a radius of 852.9~ fee~ and beln9 sub tended .b~ · chord Nhlch heirs south 89''58~'55" Nest, 666'.52 fee&; thence northwe~terl~ 93.86 ~eet aloft9' the arc of clrculer curve cone,ye to the ~outh' hlvtn9 ,' Qf. 2302.33 feet ~nd bain9 subtended' by · chord which bears north 69"-04'-68' Hest, 93,B4'feet to the point of beginning; .. _. being ~ part of Section 44, Township 4~ Sou~h, RDnge 26 East, Co11~er County, Flortdu. - sub~ect to e~sement and restrictions 'of r~cord con~?n~ng ~.27 acres of ~and more or EXHT..B.IT .A ........... DEC. 0 2 2003. CT/ 'd ~BOT £S£ T~T6 i ~?:~,T 'D" All that part of Section 33~ Township 49 South. R~nge Z6 East. CoaSter County,. Florida and being more' particutarly described as follows~ Commencing ~ the north ~est co~ner ~f Section 33, To~nsh. 49 Sou~h, Range 26 Eis~. Collier County., ~enc, ~long the north line of ~bo~e section ~ .North 87'.-53~-Z6" East, 1~0.~? fee~ to the ,asr rJght-af-~y of Santa B~rb,ra Beulevardi thence along th~ e~st rJght-of-,ly of said.Santa Barbara Bouleverd, Sout~ 0'-00'-59' Eas~, S60.73 fee~ to an angle point in slid right-of-~ay~ thence continuing ~long s~Jd rJ~ht-of-~iy South 01'-13'-03' East, 13B.30 fee~ to the sou~h tine of ~he Access Rand; thence along ~he south line of the Access Road North 89'-58~-51· East, 198.53 fee~ to the POIHT OF BEGIH~ING of the parcel herein described; thence continuing ~long the south line of the Access 'Road. Horth Bg*-SB*-S5' East, 4~1.2~ feet; · thence Southe,sterly 93.86 f,et ~long the arc of ~ cJrcul,r curve concave to the sou~h hsvJng ~ r~dJus of ~2.33 fee~ and being subtended by ~* chord ~hJch ~rs South 69'-04'-5B' Eas~, ~3.84 fee~ · thence easterly 6Bd.T& feet ~long the.~rc of e cJrcu~,r curve concave to ~he north h,v!ng ~ radius of BS~.g1 feel ,nd being subtended by a chord ~htch be~rs No,th 8g'-SB*-5S" E~s~, 666.52 feet, thence northeasteri~ 93.B6 feet along the arc of a circular curve concave to the south having a radius of 1302.33 feeC and being subtended by a chord ~h~ch bears Horth 69*-02'-48' East, 93.B~ fee~ to ~ point ~he South 11ne al.the Access Rond~ · ~hence,alo~g th~ south l~ne of the A~cess Road 89'-5B -55 '~s~, 4~1':2~ feetl ~hence south~ester)'Y 49~.69 feet ~ong the arc of circular cur~e con~ave to the south hav~ngs ~ of 123Z.33 feet and being subtended by a chord ~hich bents S~u~h 78'-~8'-5S' ~es~ 491.37 feet~ ~hence ~esterl~ ~40.96.feet along the ~rc of n . circular Curve.concave to ~he north, having I radius of 922.91 feet and being subtended by ~ cbord'~htch hears South 89'-58'-5S' Mast, 721.Z2 feet; ~henCe westerly 494.69 feat along the arc of. ~ circular curve Concave to the south, having · r~d~us of 1232.33 feet and being subtended b~ · chord Mh~ch bears North 78'-31'-05' Mast 491.~V-feet to the of begtnnt*ng; - p 49 South, R~n9· 26 being a ptrt of*Section 3~, ToMnshJ . E~st, Collier Coun&~, FlorJd~ subject to .&sements &nd restrictions of record cont~n~n~ 1.87 ~cres of ~and more or less. E~ilBIT B AO~:NDA ITI~ DEC 0 2 2OO3' · EXECUTIVE SUMMARY PETITION CARNY-2003-AR-5058, SANDRA RAMOS, PROGRAM LEADER, COLLIER COUNTY PARKS AND RECREATION, REQUESTING A PERMIT TO CONDUCT THE l0th ANNUAL "CHRISTMAS AROUND THE WORLD" CARNIVAL ON DECEMBER 13, 2003, AT THE IMMOKALEE SPORTS COMPLEX LOCATED AT 505 ESCAMBIA STREET: OBJECTIVE: Sandra Ramos, Program Leader, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the l0th annual Christmas Around the World carnival on December 13, 2003, at the Immokalee Sports Complex located at 505 Escambia Street. The applicant is requesting a waiver of the surety bond. CONSIDERATIONS: Sandra Ramos, Program Leader, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct their 10th annual "Christmas Around the World" carnival. She has presented evidence that all the criteria have been met for the issuance of this carnival permit, other than the waiver of the Surety Bond. Staff does not take issue with the request for the waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $1,000,000.00 has been purchased and the County named as additional insured. FISCAL IMPACT: Sandra Ramos, Program Leader, Collier County Parks and Recreation Department has processed an interdepartmental payment of fees to cover the cost of the $275.00 permit application fee. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the 10th annual "Christmas Around the World" carnival and waive the surety bond. PREPARED BY .,,,~USAN MURRAY, AICP,DIRECTO'R DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: j'st s MUmA R DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE I~EPH K. SC4}J3IlTT, ADMINISTRATOR MMUNITY DEV. AND ENVIRONMENTAL SVCS. ~ ~DATE a.. DEC 0 2 2003. . 'rty Information Report 2- Property Information Report '.IO NBR PARENT PARCEL ~34~S~.T~REET LOCATION )~~ 0000000000000000 ~ ' B~ L~ ~IT ~G~ ~P SECT ST~P ~ 2 29 46 33 520300 24 21E3 SE CODE CLASS CODE MILL A~A T~ ACSC 83 0 5 '13.67 0RT LEGAL WMARKET SUBD BLK 24 COM SW R BLK 24,N 762.44FT A~G E W CR TO PT ON ELY R/W OF ADES ST, CONT ALG E R/W N N~R NAM~ ,LLI ER CNTY T~F_.R ADDRESS 01 TAMIAMI TRL E _~LES, FL99COX 341123969 ~L LEGAL DESCRIPTION ~W~KET SUBD BLK 24 COM SW ~ BLK 24,N 762.44FT ALG E 'W CR TO PT ON EI~Y R/W OF ~%DES ST, CONT ALG E R/W N '434.28FT TO POB XTRA LGL CNT 10 HDR REF FLAG PREVIOUS ~NER Exibit "A" DEC 0 2 2003. .llier County ,-Plus for Windows 95/98/NT Printed on 10/18/02 12:37:16PM Page I of I nov ~.ud ll:~a CCPRD B5751~5 p.~ COLLIER COUNTY GOVE NT DEPARTMENT OF PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT November 18, 2003 1MMOKALEE SPORTS COMPLEX 505 ESCAMBIA STREET ]MMOKALEE, FLORIDA 34142 (941) 657-1951 FAX (941) 657-3399 A CERTIFIED BLUE CHIP COMMUNITY Cecilia Martin, Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Cecilia: The Collier County Parks and Recreation Department is requesting a carnival permit for the 10th Annual Christmas Around the World on December 13, 2003. The carnival will run December 12, 2003 - December 14, 2003 fi'om 2:00 pm - 11:00 p.m. at the Immokalee Sports Complex, 505 Escarnbia Street, Immokalee, FL 34142. The department is requesting to waive the surety bond. Thank you, Sandra Ramos, Program Leader Collier County Parks & Recreation DEC 0 2 2003 ADC NO._ INVOICE BOARD OF COUNTY COMMISSIONERS COLU£R COUNTY COURTHCXJSE CX)MPLEX NAPLES, FLORIDA 34112 Collier Co. Park~ & R~cr~ation Invoice: Date: No~ 43661 Nov. 18, 2003 Alopli~. P.O. NO.: Depadme~t Zoninq Pho~e:~ 659=5748 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY - CHARGES EXPENSED UPON .RECEIPT OF YELLOW COPY IN FINANCE] DESCRIP~ON Carnival Permit the World event, AR # 5058 fees for 10th Annual Christmas Around Dec. 13, 2003, Immokalee Sports Complex AMOUNT 275.00 CARNY-03-AR-5058 TOTAL AMOUNT 275.00 MAKE CHECKS PAYABLE TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURT1.KXJSE ~ NAPLES, FLORIDA 34112 REVENUE ACCOUNT ' I FUND I COSTCENTER I OBdJREV. CODE 131 138326 487370 EXPENDITURE ACCOUNT FUND COST CENTER I (~IdJEXP. CODE ' PROJECT PROJECT FoiqM 82-1 DEC 0 '2 2003 ,~.~ ,~: No. 43661 Amt. End.: CtUSl'OMER COPY Mov O? 2003 4: 04PM RLL%bU ~3}~I-CIIIL I ! zl~;)ul~nl~b ,~_ , ....... r - -- ACD J CE TIFICATE OF LIABILITY INSURANCE_ ~-- pe~R~alty I~surance, I~c THiSO£R33F~ATE~ISS4J£DASA~INFO"MA13ON 10451 Gulf Blwd. Treasure Island, FL 33706 800/23?-3355 ~Tolve ~, Inc. DBA: Third Generation 8628 Constitution Drive Homestead FL 33034 ONLY AHD CONFE]~ NO RmHTS UPON _'i~,!_ _E_.C.F._RTIFIC,~.._I'E__ HOLDER ~1~ CER~FICATE ~ ~ ~ENO. ~~.. II~UR..____ER$ AFFORDING COVERAGE ,~u~ T. I-I. E. Insurance Co~ ~ ~ HAVI; BEN 18SUED TI3 I~IE II~SURJ;D Id~J~IE~D T~E PC~JC~ES OF INSUP~kNC~ USl~-D OR CONDITION OF ANY CONTRACT ANY REQUIREMENT. TERM BY THE POLICIES DESCRII~I~ HERBN I$ SUBJECT TO ALL THE TERMS. EXCLUSION5 AND COHDFrlON$ OF ~4JCH MAY PERTAIN, THE INSURANCE AFT POUCiES. AGGRE(3ATE UMIT~ SHOV~ MAY HAVE BEEN REDUCED BY PAID CLNM8, 1,000,000 ~z~ u~u~ M3MF8120 04 / 17 / 04 ~o 50,000 COMMERC~ GEN~IUTY c:~MS M~O~ ~L_~_I oc~u~q 000,000 _ 10,000,000 __ 1,000,000 N,4Y AUTO ~$O I INGLE UMrr (I..r pemm) IOI)fLY INJURY AUTO ONLY: O~FICER/MEUaER E~ ~ ~TA31,J- EVENT DATES: 12/10/03 Additional Insured: BOARD OF COMMISSIONERS through 12/14/03' 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 IMMOKALEE SPORTS COMPLEX NERS 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 I, CORD ~ AGE:N[)A ITEM DEC O 2 2003 1011'1E OlllTl:l~All HOLD~I IMIIID lQ 11~ ulrr' BUT PNLURI 10 I)O IO 114N~ ! NO OILJGATN)I OII LIAII-rTY OF AAA' limo UqlH 11'1 141~RIK ITl AOANTI I:Xl 10/1712003 CCPRD C(:XJ=.I~R ~ PRK , 65'75125 P~-E P.02 =,~ CARNY-03-AR-5058 3 · ~ i 3 · 6) 3.e...q) 3.e.33 .: -- '' -- " Cort~r~en~ DATE I~EVIEWED by Board of County .~ommissioners:_ Approved: ~] Di~npproved: [] Com/ltio ns of ApPr°val:- SI(~NATUI~]~ OF COUNTY A,~ENt)A rrEM ~ov 17 09 04:28~ CCP~D 6575125 ADDRESSING CHECKLIST Please complete the following, and submit to the Addressing Section for Review. Not all items will apply to e._very proi ect. Items in bold type are require4.. 1. Legal description of subject property or properties (copy of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to. or associate with, legal description if more than one) 3. Street address or addresses (as applicable, if already assigned) 4. Location map, sho~ting exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project nar~.e (ifappIicable) 7. p}c~posed Slx=et names ( if applicable) 8. Site Development Plan Number (FOR EXISTING PROTEC'~S/SrI~S ONLY) SDP ~ -_ Petition Type - (Cor~plete a separate Addressing Checklist for each Petition Type) [~] SDP (Site Development Plan) F'-I SDPA (SDP AmendmenO r-i SDPI (SDP Insubstantial Change) I-] SIP (Site Improvement Plan) [] SIPA (SIP Amendment) [-] SNR (Street Name Change) ]-3 Vegetation/Exotic (Veg. Removal Permits) [-~ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) F-] PPL ('Plans & Plat Review) I--] PSP (Preliminm'y Subdivision Plat) F-q FP (Final Plat) [] LLA (Lot Line Adjustment) [-] BL (Blasting Permit) l-3 ROW (Right-of-Way Permit) [] EXP (Excavation Permit) F-'] VRSFP (Veg. Removal & Site Fill Permit) 15~] Other - Describe: COv-~,v ct\ ~,- %',.~ ov~ 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) ~ l A 11. Please Check One: [~ Checklist is to be Faxed Back ['"] Personally Picked Up 12. Applicant Name (',\\:~.- Ce-.,.a,, Po~*.~ t f~e~-,~,go,-, Phone 13. Signature on Addr~sing Ch~kli~t does not co~te Project ~or Sweet N~e ~pmv~ ~d is subject to ~ renew by the Addr~ing S~tion. ~OR STAFF USE O~Y Pdm~ N~ber Addr~s Number Addr~s Number Addr~s N~ber ~proved by Revised 3-21-01 I\ DEC O 2 2003. Mo. 17 03 04:3~'p CCPRD ~5'75125 p.1B IM1VIOKALEE FIRE CONTROL DISTRICT 502 E. NEW MARKET ROAD, IMMOKALEE, FLORIDA 34142 November 10, 2003 Sandra Ramos Immokalc~ Parks and Recreation 321 N. Ist St. Immokalee, Fl. 34142 Dear Sandca Ramos, The Immokalee Fire Control Dist. will provide fire protection and inspections for the carnival you are planning in December. Please provide thc date and time that thc state ride inspector is scheduled for. When planning the layout, keep in mind that the fire ~rucks need access. Provide at least 24' fire lane around the midway. Fire extinguishers will be needed per NFPA 10. Fire extinguishers shall be inspected and t~gged ss required. If you should have any questions, feel free to call me at 657-2700. Leo F. Rodgers Fire Inspector GEH'ERAL Oi~ICE (941) 657-2111 FIRE PREVENTION (941) 65%2700 FAX DEC 0 2 2003 (94I) 657-9489 Mov 17 03 04:31p CCPRD ~575125 p.17 3301 Tamiami Trail East, Nap~.~'.,._r-.L Telephone (AC 941) 774-4a~.~ November l 0. 2003 Ms. Sandra Ramos Collier County Parks and Eec. 505 Escambia Street lmmokalee, Fl. 34142 D~rMs.~amos, ve had an o on-unity to review the proposed plan for the 's to confirm that I ha PP This letter ~ ....... ~ --~-~--~,~ -cheduled for December t 3 , 2003. upcoming Christmas Around the wonu In review of the plan, I anticipate no major law enforcement problems, however, I am prox4ding extra patrols to assist with the flow of traffic and participants. Ir'any problems should arise, will we resolve them at that time. If any additional information is needed, ple~ase advise. Sincerely, ~a #274 y Sheriff' s Office Immokalee Sub Station Commander MD/mb DEC 0 2 2003 Hov 17 03 04:31p CCPRD i0/i7/2BB3 lB: B~ 48772305~8 PAL~t BAY BS75125 PAGE p.1S 82 Nov 17 03 04:31p CCPRD 6575125 Landing J p.14 Pump House Carni~a'l Ride Field 2 0~ 0o Carnival Carnival Camival Camival Carnival Ride Ride Ride Ride Ride Boo~ I Booth 2 B~olh 3 Boo~ 4 Aris +Crafts ten120'x 2~ Rock Wall Giant Slide Ea§ng Tent 20' x 30' Field 1 Santa's Tent 20' x 40' C~n~s Tre~ Tenl 40'x a0' Stage 25' x 25' Sled Mountain 1 Parking Lot CLOSE 1 & 2 PARKING LOT Ice Skating Rink 35' x 56' 2 Mou~ain Mounlain Moun~in ages 12-17 ages 5-10 ages 0-4 Em ,,,c, ee ^ rr~ '- /~,A~, DEC 0 '2 2003. ,,. // Nov 17 03 04:31p CCPRD Information Report DPR1001 - Address information Report nDRNBR STATU~ ~ ~c=ivz " TYPE HOUSE NBR p~EFIi STREET ~ ~ ~ ~SCA~A ST SUFFIX LTNIT p. A~d _PRIMARY OWNER INFORMATION NAME ~o,,£iza CNTY LINE1 3--~i--TAMIA~II TRL E LINE2 LINE____~3 PREVIOUS OWNER SUBDIVISION 1305 - New Market BLOCK L0~. 24 2 SUB LEGAL LINE~4 CITY ~ ZIP · qgc0x ~41123969 SLU____qC 83 FLU___~E DESCRIPTION pUB/SCHOOLS. BOARD OF ED ZONING ~4F-6 PUD SINGLE FAMILY, DUPLEX & HULTIFAMILY: TAZ FLOOD MAP FLOOD ZONE FLOOD ELEV. 248 0150 D CENSUS TRACT CENSUS BLOCK Collier County CD-Plus for Windows 95/98/NT Printed On: 10/18 Page 1 of 1 DEC 0 2 2003 02 12: 37: 13PM Mov 17 03 04:30p /0~1 04: 1~> CCPR1] $575125 p.11 DEC 0 2 2003. ~_~/,-~ Nov 17 O3 04:30p CCPRD $5751~5 p.10 As the sponsor"of this event you are responsible to notify ali food veridors of the temporary food service requirements. Failure to comp' ~ may subject the booths to be closed for public health reason. Do you understand this completely? Yes ~'~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I undemtand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. . Signature of sponsor's agent Date: DEC 0 2 2003 Nov 17 03 04:30p CCPRD 6575125 NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event Address of event Date(s) of event Sponsor of event Person in charge of food service Number of food and beverage booths . ii Ji~'lo= _ Hours of operation Zpm - ii 5 Estimated number of attenders expected at the event at one time? ~: o00 Number of toilets to be provided: Portable: Male ( ~5 ) Permanent: Male ( ~ ) Method of toilet waste disposal: Female Female Describe method of liquid kitchen waste disposal: J Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: Der~.C~n~oe fadlitles and method of handwashing: ~, n~-~ ~- ,5c.. ~P ~ i o~-~e+ ~ ~"~- Describe facilities and 'method of utensil washing, rinsing and sanitizing: Source of potable water. AC.~I~A n'F.M DEC 0 2 2003. ttov 03 04: 10117120§3 10: ~B OCT_16.2~~ CCPRD ~b'/bl~b 48772305B8 PALM COLLIER CO PRK t - comply with appli~ble {ood ser~ce re~r~ ' F~lure to ~ori~ Ad~straflve C0d~ may r~ult m enforcement acuon. Do you C~p~r 10D-13, under~d ~ complexly? F~A~E /ij~n~[ure of APPlicant I certify that to the best of my knowle and belief all of the 5tatemen~ contained l~erein an ~ttachraents are true, cerre¢~ complete, .and made tn.g.,ood l',ith,: I un,d.~n_d.. ~ te assume responsibilit7 for this estsbltshmellt a~.,d a chart[e for the foo.,d,, I a,,re.e. ....... ~-,-~e with the Irlorida Admiatstrative there ts . = ....... I! ~,o ,nn t~c tea m ce£tify that sa~d Olisinesa .w,~, ...... 0 . . C.Oi.NI'v'AL, pI[TITION ApI~ICATIOI~f IO.8 AG~I~DA I'r~ DEC 20{13 Hov 17 03 · ,0CT-16-200~ 04: 29p CCPRD lo: 09 4077230598 08: 51 COLL ! ER CO PRK 65'75125 PALM BAY Person i~ ~arge of ~t5:~~'~ T~e$ of ~o~ or Be g _ I - ~ . -- ires aH food ~o come ~ m PP ....... · ode, Chapter 10D ~i food ~orage, P~P"~'~ ~flon of advanced foo~ prepara~°n:~ How w~ fo~ be tr~ported to e~ent PAGE P.O~ p.? 05 Method of keeping food hot and/or cold at Method of cooking food at the location:_ Food must bs protected from dust~ i~sects, ~s, coughs, ~neezes, How w~ you pro~ds I Adequa~ faci~ and ~pplies s~ll be p~ ~ro~ t~ ~,~s~ ,ovided for employee handwashk~' How w~ll you Information and As~islance contact: (941) ~a~ro~xentai 1 (a) The storage facility is equipped with adequate drains which preclude the accumulation of water during use; (b) The melt water is disposed of so as not to create a nuisance; and (c) The storage facility is kept clean. ($) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink will not be required, except that an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. However, a sanitizer solutio.n in a bucket or spray bottle to adequately sanitize the food preparation surfaces will be avaiIable at all times. (9) All food service operations which prepare food on premises shall provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean portable containers equipped with on/offvalves. Soap and single-service towels shall be available for handwashing and hand drying. (10) Equipment shall be installed in such a manner that the establishment can be kept clean and the food will not become contaminated. (1 I) Liquid waste wkieh is not discharged into a sewerage system shall be disposed of in a manner that will not create a public health hazard or a sanitary nuisance. (12) Floor construction in establishments which prepare food on premises, shall be of durable material. Dirt or gravel subflooHng can be used when graded to drain, and covered with platforms, duckboards, plastic film, wood chips, shavings, or similar suitable material such as a sufficient cover of grass or turf to control dust. (13) Walls and ceilings, when required, shall be constructed to minimize the entrance of flies and dust. Ceilings may be of wood, canvas or other materials which protect the interior of the establishment from the elements and walls may be of such materials or of 16 mesh screening or equivalent. Doors to food preparation areas, when required, .~h,ll be solid or screened and shall be self-closing. Counter service openings, for facilities with wall enclosures, shall not be larger than necessary for the particular operation conducted and shall be kept closed at all times except when food is actually being served. (14) All food service operations at temporary food service events without effective facilities for cleaning and ~'nitizing tableware shall provide only single-service articles for use by the consumer. Specific Authority 381.0072 F~. Law lmplemea~d 381.0072 F$. History ~lqcw 6-I-93, Formerly 10D-13.0292, Amended 3-15-98. DEC 0,2 2003. /g _ STATE OF FLORIDA: COUNTY OF COLLIER: Permit No. PERMIT FOR CARNIV~ EXHIBITION WHEREAS, Sandra Ramos, Program Leader, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida (Board), for a permit to conduct a carnival; and WHEREAS, Sandra Ramos, Program Lead~, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, o! the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Sandra Ramos, Program Leader, Collier County Parks and Recreation Deparment, has requested a waiver of the Surety Bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO SANDRA RAMOS, PROGRAM LEADER, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, to conduct a carnival on December 13, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County, this ~ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: Masjol~)Vl.-Siu~eht Assistant County Attorney CA RN Y-2003-AR-.5058sP BY: TOM HENNING, CHAIRMAN Page 1 of 1 DEC 0 '2 2003. ~ov 17 03 04:30p CCPRD 6575125 rty Information Report -:002 - Property Information Report 857_____680102 0000000000000000 ~:D? OKALEE iK BLDG LOT UNIT RANGE TWP SECT STRAP 2 29 46 33 520300 24 21E3 CODE CLASS CODE MILL AREA TOTAL ACSC HDR REF FLAG 83 0 5 '13.67 RT LEGAL ~_~RKET SUBD BLK 24 COM SW BLK 24,N 762.44FT ALG E CR TO PT ON ELY R/W OF DES ST, CONT ALG E R/W N XTRA LGL CNT 10 ER NAME bIER CNTY ER ADDKESS 1 TAMIAMI TRL E LES, FL99COX 341123969 PREVIOUS OWNER L LEGAL DESCRIPTION MARKET SUBD BLK 24 COM SW . BLK 24,N 762.44FT ALG E ' CR TO PT ON ELY R/W OF DES ST, CONT ALG E R/W N 34.28FT TO POB p. 12 lief County Plus for Windows 95/98/NT EXHIBIT"A" JDEC 02 2003. Printed on 1_'~°'n~ ~-~-~°M Page 1 of I CRA AGENDA ITEM I EXECUTIVE SUMMARY APPROVE THE RESCINDING OF THE $329,046 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING THAT WAS TO BE USED FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PROJECT ON LINWOOD AVENUE WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVLOPMENT AREA, THE TERMINATION OF THE CDBG AGREEMENT DUE TO THE INABILITY TO MEET THE GRANT DEADLINE FOR THE EXPENDITURE OF FUNDS, AND THE ATTACHED RESOLUTION. OBJECTIVE: Approve the rescinding of the $329,046 Community Development Block Grant (CDBG) Funding that was to be used for a stormwater management and infrastructure project on Linwood Avenue within the Bayshore/Gateway Triangle Redevelopment Area, the termination of the CDBG agreement due to the inability to meet the grant deadline for the expenditure of funds, and the attached resolution CONSIDERATIONS: On December 13, 2001, the Bayshore/Gateway Tdangle Local' Redevelopment Advisory made a recommendation to the CRA that a CDBG grant be prepared and submitted to the Housing and Urban Improvement Department for stormwater improvements to the Linwood Avenue. On January 8, 2002, the Community Redevelopment Agency directed county staff to submit a Community Development Block Grant Application for a drainage project on Linwood Avenue in the Bayshore/Gateway Triangle Component Redevelopment Area to further promote redevelopment. On February 4, 2003 the Road Maintenance Department sent an email stating that the consultant for the Linwood project was going to make a recommendation not to proceed with the project due to a faulty design that would not provide adequate flood relief based on construction cost. Shortly after this decision was made the project went back into redesign. Due to this error in design work an extension granted for an additional six months, from June 2003 to December 31, 2003. In a September 26, 2003 email from the Road Maintenance Department, it was made known that the redesign plans were 90% complete. However, one outstanding issue that could delay construction was abandonment of the 6" force main that runs the entire length of the project. The force main services the main County complex. Once that issue was resolved the bid documents could be released/awarded and the project constructed. The design plans are based on force main abandonment. It was stated that if this were not the outcome, the plans would need to be revised to show force main reconstruction. In a letter dated October 23, 2003 the Road Maintenance Department stated that the Linwood project had encountered numerous setbacks, which would delay the consfl'ucfion indefinitely. The major issue affecting the project was the existing sanitary sewer force main in the right-of- way that services the Main County Government Complex. The decision to abandon or to relocate and upsizing the existing force main is not known, and it is unknown when the decision will be made. Pending this decision it was determined that the CDBG be rescinded before it expires on December 31, 2003. A block grant may be applied for in the Bayshore/Gateway Tdangle Area in a subsequent cycle when the project is ;a(]y ! -i- DEC 0,2 2083. construction. The determination was made the project was not feasible at this time due to the need of a new force main (unfunded cost of 1.5 million) for that area. The Bayshore/Gateway Tdangle Redevelopment Advisory Board at its November 4, 2003 meeting made the recommendation to terminate the CDBG Agreement due to the inability to meet the grant deadline for expenditure of funds, and rescind all funds. FISCAL IMPACT: There is no immediate fiscal impact to Collier County. However, there is no guarantee that this project will be funded in an upcoming CDBG funding cycle. ADVISORY BOARD RECOMMENDATION: Approve the rescinding of the $329,046 Community Development Block Grant (CDBG) Funding that was to be used for a stormwater management and infrastructure project on Linwood Avenue within the Bayshore/Gateway Tdangle Redevelopment Area, the termination of the CDBG agreement due to the inability to meet the grant deadline for the expenditure of funds, and the attached resolution. D./~ARON Bi'AIR, ~IRBAN D~oi~LANNER COMPREHENSIVE PLANNING DEPARTMENT RANDY COHEN, MANAGER COMPREHENSIVE PLANNING DEPARTMENT DATE DATE STAN LITSINGER, AICP DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT DATE REVIEWED BY: DENTON BAKER DIRECTOR FINANCE ADMINISTRATION AND HOUSING DATE APPRO~,~<.,~ o " J . SCHMITT DATE A[~INISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- ITEM DEC 0 2 2003. RESOLUTION NO. 2003- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY RECOMMENDING THE RESCINDING OF THE $329,046 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING THAT WAS TO BE USED FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PROJECT ON LINWOOD AVENUE WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVLOPMENT AREA, AND THE TERMINATION OF THE CDBG AGREEMENT DUE TO THE INABILITY TO MEET THE HUD DEADLINE FOR THE EXPENDITURE OF FUNDS. WHEREAS, On December 13, 2001, the Bayshore/Gateway Triangle Local Redevelopment Advisory made a recommendation to the CRA that a CDBG grant be prepared and submitted to the Housing and Urban Improvement Department for stormwater improvements to the Linwood Avenue; and WHEREAS, On January 8, 2002, the Community Redevelopment Agency directed county staff to submit a Community Development Block Grant Application for a drainage project on Linwood Avenue in the Bayshore/Gateway Triangle Component Redevelopment Area to further promote redevelopment; and WHEREAS, on February 4, 2003 the Road Maintenance Department stated that the consultant for the Linwood project was going to make a recommendation not to proceed with the project due to a faulty design that would not provide adequate flood relief based on construction cost; and WHEREAS, shortly after this decision was made the project went back into redesign. Due to this error in design work an extension was requested by the CRA to extend the grant period an additional six months, from June 2003 to December 31,2003, this extension was granted; and WHEREAS, on September 26, 2003 the Road Maintenance Department made known that the redesign plans were 90% complete, and one outstanding issue remained that could delay construction, which was abandonment of the 6" force main that runs the entire length of the project; and WHEREAS, on October 23, 2003 the Road Maintenance Department stated that the Linwood project had encountered numerous setbacks, which would delay the construction indefinitely. The major issue affecting the project was the existing sanitary sewer force main in the right-of-way that services the Main County Government Complex; and WHEREAS, the Bayshore/Gateway Triangle Community Redevelopment Advisory Board recommends that the Collier County CRA approve the rescinding of the $329,046 Community Development Block Grant (CDBG) funding that was to be used for a stormwater management and infrastructure project on Linwood Avenue within the Bayshore/Gateway Triangle Redevelopment Area, and terminate the CDBG agreement due to the inability to meet the HUD deadline for the expenditure of funds; and Page 1 of 2 t .'., DEC 022;3,t ; NOW, THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY OF COLLIER COUNTY, FLORIDA, that: The $329,046 Community Development Block Grant (CDBG) Funding that was to be used for a stormwater management and infrastructure project on Linwood Avenue within the Bayshore/Gateway Triangle Redevelopment Area is hereby rescinded, and the CDBG agreement is terminated due to the inability to meet the HUD deadline for the expenditure of funds. THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption this __ day of ,2003. ATTEST Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA COMMUNITY REDEVELOPMENT AGENCY By: Deputy Clerk By: Fred Coyle, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 2 of 2 A¢~A~ ~' DEC 0 2 2Z3 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #03-3572-"BAYSHORE BRIDGE BEAUTIFICATION PROJECT PHASE 2" TO THOMAS MARINE CONSTRUCTION INC. IN THE AMOUNT OF $297,400.00 AND AUTHORIZE ANY BUDGET AMENDMENTS REQUIRED OBJECTIVE: To obtain Board approval for the award of Bid #03-3572 for the Bayshore Bridge Beautification Project- Phase 2 to Thomas Marine Construction Inc. CONSIDERATIONS: The Bid was publicly advertised on September 19, 2003. Notices were sent to two hundred fourteen (214) prospective bidders. Two (2) responses were received by the due date of October 22, 2003. After review and discussion, the bid submitted by Thomas Marine Construction, Inc. was deemed to be the loWest, qualified and responsive bid. The Bids received were presented and approved by the Bayshore M.S.T.U. Advisory Committee at their November 12, 2003 meeting. Staff recommends award of this bid to Thomas Marine Construction, Inc. in the amount of $297,400.00. FISCAL IMPACT: Funds in the amount of $297,400.00 are available in the Bayshore Beautification M.S.T.U. Fund 160, Project # 66069. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: That the Board approve the award of Bid #03-3572 for the Bayshore Bridge Beautification Project-Phase 2 to Thomas Marine Construction, Inc. in the amount of $297,400.00 and authorize any budget amendments required; and authorize the Chairman to execute the standard County contract after review by the County Attorney' s office. AGeNDA, ITEM No. L0~I DEC 0 2 2003 pg. REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Bob Petersen, Project Manager Diane B. Flagg, DireCtor, Traffic Operations & ~ltema~ Tr~spomtion Modes ~~ ~, ~~ Date: Steve ~ell, P~chasing Director ~~, ~ ~~¢~ Date: N ~ ' - ~ation Administrator / DEC 0 2 2003 pg. ~D- AGEND~ IT~EM .o. !~ ( DEC 0 2 2003 Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 November 12, 2003 MINUTES III. IV. V. VI. VII. Chairman Bill Neal called the meeting to order at 4:00 PM. ATTENDANCE: A. Member: Bill Neal, Tom Welstead, Maurice Gutierrez, Tom Finn & Ed McCarthy (Excused) B. Collier County: Bob Petersen & Val Prince-Project Mgrs/Landscape Operations, Joanne Hartman-Operations Coordinator, Bob Casey-Public Utilities- Reuse, John Olney, Eddy Ybaceta & Patti Petulli - Code Enforcement C. Others: Doug Workman-resident, Robert Kindelan-CLM, Sue Chapin-Manpower APPROVAL OF AGENDA: Effluent water and Code Enforcement will be heard first. APPROVAL OF MINUTES: October 8, 2003 (No quorum) TRANSPORTATION SERVICES REPORT: A. Budget - Val Prince - handed out modified form of adopted budget. Covered the different line items and columns with new fiscal year balances. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance 1. Mulching costs Robert reported: · Behind on fertilizer materials and should be down next week. · Irrigation problem discussed by car wash will be checked. · Was mulched in August and next application will be in December. · Been fixing banners as they see problems. OLD BUSINESS: Effluent Service Line - Val Prince Bob Casey - Public Utilities-Reuse - he reported to the committee there is a 16" water main on Thomasson Drive, and east of Bayshore it reduces to 8", under Bayshore, west and behind Windstar. His concern is the hydraulic capacity of the line. In order for him to determine the availability, he needs to know the amount of water required to irrigate the area in question. He needs a total acreage number. The line carries a lower PSI - may need a boaster pump depending upon the design capacity. The goal is to use County water rather than City water and extend to 41 (intersection of Bayshore & Thomasson), over the bridge and 41 east. (Maurice arrived at 4:05 PM) A quorum is now established. DEC 0 2 2003 Pg. Bob & Val will get the information needed for Mr. Casey. He needs to protect his existing customers before he can commit to any additional customers on that line. The County wishes to get as many as possible off potable water from the City of Naples onto effluent when feasible. It would be the MSTU's expense for hooking up the system as it is not in the Counties Master Plan to run it along those areas. Bob & Val will figure out the usage for Mr. Casey. Nm Code Enforcement - Mr. Neal explained they would like help in cleaning up the eyesore properties in the Bayshore areas and asked what kind of help the MSTU can get from Code Enforcement. The CRA has the right of eminent domain and may pursue that right in the future. John Olney - Code Enforcement - if an individual is meeting all codes, and just ugly, they can not enforce such a situation. They do look for areas of violation and try to address them. A list of concerned properties within the MSTU need to be given to Code Enforcement so they can be addressed. Patti Petulli - Code Enforcement - discussed the Marina with concerning the Site Development Plan and height limitations on the boat storage. Other properties were discussed. Mr. Workman, a resident within the MSTU, asked about the number of people living in single family units and individual units advertising "Rooms for Rent". Patti stated it is hard to find out on either issues, but are making attempts at different hours of the day and night to watch for those violations. They also get on the owners to resolve the issues or take them to court. Again if they are given addresses, they will pursue the issues. BridRe - Phase 2 Bob quoted the two bidders for the Bayshore Bridge Beautification- Phase 2 Thomas Marine Construction, Ft. Meyers - $297,400 Zep Construction Inc., Ft. Meyers - $330,700 Thomas Marin.e Construction is the lowest, qualified bidder. The Committee is relying on the recommendation of the staff. Maurice Gutierrez moved to award the contract to Thomas Marine Construction of Ft. Meyers for $297,400. Second by Tom Welstead. Carried unanimously 3-0. An Executive Summary will be drafted for approval at the 12/2/03 BCC meeting. Notice to Proceed should start in January with 120 days to complete, which is stated in the Contract. Transfer of fundS was discussed. Tom Welstead moved to approve a Budget Amendment, if necessary, to move the proper funds to the correct line item from Improvements Capital to cover the $297,400 Contract for the Bridge Beautification-Phase 2. Second by Maurice Gutierrez. Carried unanimously 3-0. DEC 0 2 2003 2 Pg. VIII. IX. X. · Bill Neal reported the permitting for the dredging of the creek will be finished in February with construction dredging started in March and completed by end of next year. B. Banners - Tom Welstead & Bob Petersen Bob reported he has the art work and will go out for quotes. The estimated quote from the company he has so far is $8,088 which includes the poles and freight. Quotes can be gotten in a few days. They will be put on every pole on the street side. Tom Welstead moved to authorize and approve expenditure up to $9,500 for 100 Christmas banners. Second by Maurice Gutierrez. Carried unanimously 3-0. The bridge and fall banners will be discussed at the December meeting. D. Property Line Survey (Ingram's) - Bob Petersen Bob reported their surveyor looked at the area but did not do a regular survey. Owners are cutting hedges down themselves which is a violation because they are on County property. It is Commercial Land Maintenances' responsibility to do the landscaping. There is a dispute whether the hedges are on the County property or not. Tom Welstead moved to hire an independent surveyor to survey the property line and show where the County property and right-of-way begins and ends. Second by Maurice. Carried unanimously 3-0. The property owner in question is not paying into the Bayshore MSTU. E. Street Name Change - Application - Bill Neal Bill reported the name change has been submitted to the Planning Dept. with the funds from the Botanical Gardens for the application costs etc. (Bill Neal & Tom Welstead left at 4:45 PM) F. Sawyer Marina - improvements (Mr. Sawyer) Bob reported they have had no luck with the fence as there are drainage issues. G. Bus shelters/CAT system for Bayshore - Bob Petersen There are no shelters scheduled for Bayshore itself, but will be one at the corner of Thomasson and Bayshore. If the MSTU wants a shelter, they can ask the County for one, with the County maintaining it. E. Collection of Insurance Fees - Risk Management Will discuss at the December meeting. NEW BUSINESS: None PUBLIC COMMENTS: None Being no further business the meeting ended at 5:12 PM. The next meeting is Wednesday, 4:00 PM., December 10, 2003 Collier County Landscape Operations, 2705 Horseshoe Dr. South, Naples, FL AC~I~ND~ ITI~M DEC I) Z 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO REALLOCATE FUNDING FOR THE RURAL SAFETY REFUGE SHELTERS PROJECT THAT WAS APPROVED IN FY 03 IN THE AMOUNT OF $135,125. OBJECTIVE: To obtain Board approval of a budget amendment to reallocate funding for the Rural Safety Refuge Shelters Project that was approved in FY 03 in the amount of $135,125. CONSIDERATION: · Funding for the Rural Safety Refuge Shelters was approved by the Board of County Commissioners on April 8, 2003, item 16B03)in the amount of $135,125. Staff was unable to get this project underway and a budget amendment was not processed prior to the end of FY 03. Staff is ready to move forward with this project and needs to have the funds re allocated in FY 04 in order to do so. FISCAL IMPACT: A budget amendment is needed to recognize revenue and expenses in the amount of $135,125 for the Rural Safety Refuge Project. The funds will be appropriated within the Gas Tax Fund. Funds are being reimbursed to the County by the Florida Department of Transportation. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves the necessary budget amendment to reallocate funding for the Rural Safety Refuge Shelters Project in the amount of $135,125. SUBMITTED BY:, ~ -gharon Newman, Accounting Supervisor, Transp?~/ation Division Norma~E~ Feder, Administrator, Trans~bormtion Division DATE: // /- ! No._../, ,.;L.. DEC 0 2 2003 Pg. / EXECUTIVE SUMMARY BOARD APPROVAL OF ADOPT-A-ROAD PROGRAM AGREEMENTS AT THE BOARD OF COUNTY COMMISSIONERS MEETING ON DECEMBER 2, 2003 OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: that the volunteer groups so named be recogniT~d as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: Cost of providing safety vests, pick-up sticks and/or grabbers, trash bags and traffic control signs to the volunteers on a loan basis for each pick-up. Cost of constructing and placing a roadside sign at either end of the roadway segment listing the Volunteer Group as the sponsor and responsible for keeping the area free of litter. RECOMMENDATION: That the Board of County Commissioners reco~ize the volunteer groups listed on the Agreements as the sponsors of the listed roadways and thc Chairman cxccutc the Agreements on behalf of Collier County. Prepared by: Barbara Lee, Adopt-a-Road Coordinator Transportatio/n~aintenance Reviewed by: c~j~i ~ 1] e),~.S up~,-?~t~ndent ~ransportation Mainten. ance Reviewed by: ~V~ic~i Etelmal~i, Director - T2 t°rtat~9~Maintenance Approved by: an E. Feder, Administrator Tm 5portation Division Date: Date: //A'~//O ~ / / Date: Date: [/~7/~ AGENDA tTEM.-..~ DEC O 2 2003 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into tiSs day of .2003, by and bet;veen Collier County, through its Transportation Road Maintenance Department, hereinafter Called the "COUNTY", and the volunteer group, ELIZABETH CARR, ACUPUNCTURE (hereinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway kalown as GOLDEN GATE PARKWAY from AIRPORT-PULLING RD. to LiViNGSTON RD.and aclcno~viedges the hazardous nature of picking up litter, and agrees to !l:e following terms and conditions: THE GROUP~,~.~,,~,ocu/~ ~.. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section iii accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of'Transportation Design Roadway and Standard Index 601 and 602 (610 tbr interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate iii litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17. who is participating in the litter removal ,~c~ ~,). There s,,A, at all times be at least one person 18 years of age or older who is generally responsible for sltpervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 m~d is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick tip litter at construction sites, in tunnel or on median. AGENDA l'rF~ DEC O 2 20O3 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet fi'om the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a .two- year period, and pick up litter a minimum of once monthly. t 3. The GROUP shall be required to pick up all litter when the appearance of the adopted road~vay section is objectionable. 14. The Group shall obtain required supplies ~d material from the Comity. 15. Traffic Control signs supplied by the CO~TY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-~vay. 17. Ensure that '" ' ' ' ...."~ ~ "' a~I ' ' an part!mpan~s wcm ~a~e~ vests at ~ times during the httm ...... activity. 'The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same wheu activity is complete. 18. Not wear clothing, ~vhich will hinder the sight of participants. 19. ~'- GROUP ~" x~t~ t~,e County s .... ; ~ne snm~ coordinate pickup details ':+'- *~' * ' k,~jec~ at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs pickup and disposal by the COUNTY as soon as possible thereafter. 2t. m~er each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be lhl-nished by · ~,~ CO~TY fo~ m~V;,,,, the ,'~,'*~ and should be fi~d with the COL~TY project coordinator. 22. The GROUP is encouraged to separate recvclabie materials. All proceeds fi-om redemption ofrecyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies Ru-nished by the CO~TY shall (1) be returned to the CO~TY within two workdays following cleanup or, (2) ~vith CO~TY Coordinator's permission, be retained by'the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. AGENDA ITEM-. DEC 0 2 2003 pg. ~' The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for irmnediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as GOLDEN GATE PARKWAY from AIRPORT-PULLING RD. to LIVINGSTON RD. and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free envirolzrnent in the community for a period beginning November 1, 2003 and ending October 31, 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employee, s from any claiin, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to m~y person or properly to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and yem- written above cOuNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By. TOM HENNING, Chairman DEC 0 2 2003 GROUP: GROUP ELIZABETH CARR, ACUPUNCTURE ~...A2~0_~Cj~.~( ~,~/~ ,President j Group's Presistent (p, rint) 1~. Group's Adont. A-Road Chairman (print) i Group's Adopt-A-Road Chairman's Ad~ress ~) Phone ~ (night) Apl)roved as to form and legal ~'ficie~my: ~cqu~[in~ Hubbard Robinson ' d ' AGEND~ J.TEM DEC O 2 2003 EXECUTIVE SUMMARY BOARD APPROVAL TO REJECT BIDS RECEIVED UNDER BID # 03-3512-"REAL ESTATE APPRAISAL SERVICES", AND APPROVE CONTINUATION OF SERVICES FOR REAL ESTATE APPRAISING UNDER RFP# 01-3204 Objective: To assist the Right-of-Way Department in the establishment of a list of pre- approved real estate appraisal firms to perform real estate appraisal assignments for the County. Considerations: Bid #03-3512 was publicly advertised on April 4, 2003. Notices were sent to two hundred sixty-eight (260) professionally recognized firms throughoUt central and southern Flodda. Twenty (20) responses were received by the due date of April 24, 2003. During the evaluation of the bids, the Purchasing Department determined that the method of award set forth under the invitation was not sufficiently defined in the bid invitation and that it was not consistent with how Transportation staff desires to deploy these services as the need for each project arises. Therefore, Staff recommends rejecting all bids received and re-soliciting for these services for the establishment of a contract with more definitive criteria established to be applied in the assignment of work. Fiscal Impact: There is no fiscal impact associated with this action. Growth Management Impact: There is no impact to the Growth Management Plan associated with this action. Recommendation: That the Board of County Commissioners approve the rejection of bids received under Bid #03-3512 and authorize extension of services for an additional six (6) months under existing RFP # 01-3204. Prepared by: Harry Henders,,~l', Review A~ppraiser Tra porta' n En 'nee ' g/Co tru 'on Management Reviewed by: ~e~n ~ ~,~-k~- 'g [- - ' ition Manager Reviewed by:: Roosevelt Leonard, .Real Estate Appraiser Real Estate Appraiser ...-., . Reviewed by: ~_A.~4,/--w~_ ~, . Steve ~Y. CarnY, Director Date: ~//~/o 3' Date: /! -/7'~_~ Date: Date: ((~/(7~ ~ Reviewed by: ~/~/ ' ". ~.E.. Director Date: . Gregg R.x~Strakaluse, P.E., ' Engine~r'thg and.C(;~struction Management Department Approved by:: N(~rrT~r{ E. Feder, Administrator Tra~portation Division Date:/d..._..J-/ ..... ~ ,, DEC 12 2oo3 EXECUTIVE SUMMARY ADOPT A RESOLUTION AppRovING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1991 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign this one Satisfaction of Lien for the 1991 Solid Waste Collection Services Special Assessment Lien. DEC 0 2 2003 Prepared by: ""- Pam Calli~, Revenue Supervisor Util~i~g/~z/'/~ ~,..//z...~Cust°r0er Service Reviewed by: ~/~ ¢ Teresa A. Riesen, Revenue Manager Utili~ Billing and Customer Se~ice JoppA. Yonk~, ~,~r ) Approved by: _~~ ~~ ~m~s w. DeL~.y, ./., Administr.~or Utilities Divisi~ Date: Date: Date: \\ ! ~ !O_.._"~ DEC 0 2 2003 RESOLUTION NO. 2003 - A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paled in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 104854 This Resolution adopted this second and majority vote ATTEST: DWIGHT E. BROCK, CLERK Approved as?.~,o form and County Attorney day of ,2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN DEC This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 84OO Property Folio No. 77310440008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D 2436 Outrigger Lane Naples FL 339420000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of'~1~e Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT3 BLK1 LOT 13 OR 1151 PG 417 Folio No. 77310440008 Project No. 60000 Account No. ~' i 04854 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and~ciency RO ~ E R'"I' ~C~IARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN .0. ~ / ! DEC 0 2 2003 PG. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1992 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien on the account listed in the Resolution and authorizing the Chairman to sign this one Satisfaction of Lien for the 1992 Solid Waste Collection Services Special Assessment Lien. .0% DEC 0 2 2003 __PG._. I . Prepared by: Pam Callis~evenue Supervisor Utility B,~'ng and//~stomer Se~ice/--,~ Reviewed by: ,/',/f',,Z/~' &t' T,~sa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by:~ ~ r Service Approved by: tministrator Date: \\~ g,~,%~ Date: Date: t.\l '"//0~,~ ! - .o._ /r_, DEC 0 2 2003 RESOLUTION NO. 2003 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS ' WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 148302 This Resolution adopted this second and majority vote. day of ,2003, after motion, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN .0. DEC 0 2 2003 I PG. This instrument prepared by: Robed Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 77310440008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D. 2436 Outrigger Lane Naples, FL 339420000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations agaipst real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT 3 BLK 1 LOT 13 OR 1151PG 417 Folio No. 77310440008 PROJECT NO. 61000 Account No. 148302 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 2003. AT-rEST: DWIGHT E. BROCK, CLERK Approved as to form an~ciency R0 Ei~R-T ~C-I~iA R~'~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN DEC 0 2 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services SPecial Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. #0.._._~_~ OEg 2 2003 Pam Callis,/l~venue Supervisor Utility Bil/~g an,d~usto~er Se. rvice Reviewed by: J/,~' /.~'/- ~ '~e?'es~a A. R~esen, I~evenue Manager Utility Billing and Customer Service Reviewed bY: jo~ -~'~~?'-, '~. Yonk, psk~ii~::tor _ .._ Util~: Billir~ ~ru~-Cus,tbmer Sea/ice Approved b~s lic W. DeL_o.n~., P.E., Administrator Utiliti~vision Date: Date: Date: \\/~ j¢O~ Date: ~t~~ ~-~ RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 27863 This Resolution adopted this __ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and County Attorney BY: TOM HENNING, CHAIRMAN DEC 0 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 77310440008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D 2436 Outrigger Lane Naples, FL 339420000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents (104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT 3 BLK 1 LOT 13 OR 1151 PG. 417 Folio No, 77310440008 Project No. 64000 Account No. 27863 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~ency ........_~ ROBERT ZA~I~A RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN .o. v DEC 0 2 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $22.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $22.50, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. DEC 0 2 2003 Prepared by: ?"~---~,~'(,~ ~ Pam Callis,~evenue Supervisor Utility Bi.~flg and ,~tomer Service Reviewed by: T~'f~sa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: ~5, ~~ Jol~ ~"X~. Yonk ~ ~.~lli.ng/~~r Service Approve~dar .~s W. DeLony, P./I~., Administrator c Utilities Divisi~ DEC 0 2 2003 PG. ,,2... RESOLUTION NO. 2003-. A RESOLUTION APPROVING SATISFACTION OF MENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and 'WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000-237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 31668 Account No. 32117 DEC 0 2 2.003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 75760280001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gerald, Eric C=& Kristi J 2364 Florida Ave Naples, FI 341126408 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNSET HOMES LOT 8 OR 1133 PG 159 Folio No. 75760280001 Project No. 66000 Account No. 31668 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. A'CrEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN DEC 0 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 77310440008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D 2436 Outrigger Ln Naples, FI 3410426905 The Lien was recorded on the 6TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State bf Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT 3 BLK1 LOT 13 OR 1151 PG 417 Folio No. 77310440008 Project No. 66000 Account No. 32117 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfa, ction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN DEC 0 2 2003 PG. -_~"'~ This Resolution adopted after this __ motion, second and majority vote. day of 2003 after DATED: A'FI'EST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to form and le~y: ~ "" County Attorney ~,,E~)~ IT£# NO. C- L~ I DEC 0 2 2003 EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $22.50 TO RECORD THE SATISFACTIONS. OBJECTIVE: Approval of and authorization for the Chairman to execute satisfactions for agreements to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $3,540.00. The fiscal impact for recording the Satisfaction of Liens is approximately $22.50, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. DEC 0 2 2003 ~G. / Pam Calli~, Revenue Supervisor Utili~,B~/~.flin g a2.~,ust°me r._Se rvice Reviewed by: ,,~"J~' ~-'~"~ /T/eresa A. Riesen, Revenue Manager Utility Billing and Customer Service ,evi~e~ ~: ,o~n.~,~--~\ ~.~,. "4,. Yon k~)~ky ,~(~.t~) ~ Util~ Approved ~ Utilities Divi~ - DEC 0 2 2003 - EXHIBIT "A" Patricia R Mikelson, 9/10 interest &Joyce Stuhrman 1/10 interest, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1180.00). Folio #48485920000 2. William F. Muller, a single man, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1180.00). Folio #48481040007 o DeForest Barnes Stewart and Mary Louise Stewart securing the principal balance of one thousand one hundred eighty dollars and no cents ($1180.00). Folio #00733600007 No._ /~ ¢__.,. _~ DEC 0 2 2003 PG. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: William F. Mueller, a single man Whose mailing address is 1010 Manatee Road Apt. B202 Naples, FI 34102 Bearing the date of the 29th day of June 1999, recorded in Official Record Book 2563 Page(s) 3371, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. B 202, GULF WINDS EAST CONDOMINIUM; UNIT I, ACCORDING TO THE DECLARATION OF CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 508, PAGES 165 TO 224 INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48481040007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Cimuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROBER-'T 7_AC'FTA RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: DeForest Barnes Stewart and Mary Louise Stewart Whose mailing address is 7115 Pontiac Cir. Chanhassen, MN 55317 Bearing the date of the 7th day of September 1999, recorded in Official Record Book 2589 Page(s) 0888, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK D, RIVERWOOD UNIT TWO, ACCORDING TO PLAT IN PLAT BOOK 10, PAGE 90, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN S 89~ 20' 26" E. 240.00 FEET ALONG THE NORTH BOUNDARY OF ROOKERY ROAD TO THE POINT OF BEGINNING; THENCE CONTINUE S 89~ 20' 26" E 60.00 FEET; THENCE N. 00~ 39' 34" E 110.06 FEET' THENCE N. 89~ 20' 26" W 60.00 FEET; THENCE S 00-° 39' 34" E 110.06 FEET' THENCE N. 89a 20' 26" W 60.00 FEET; THENCE S 00~ 39' 34" W 110.06 FEET TO THE POINT OF BEGINNING. FOLIO NUMBER: 00733600007 Collier County, a political subdivision of the State of Florida, a'nd the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Cimuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROBERT ZACHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING, CHAIRMAN DEC 0 2 2003 PG. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Patricia R Mikelson, 9/10 interest & Joyce Stuhrman 1/10 interest Whose mailing address is P O Box 381 Marco Island, FL 34146 Beadng the date of the 12th day of August 1999, recorded in Official Record Book 2581 Page(s) 0128, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. H 107-, OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO. FOLIO NUMBER: 48485920000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ~IGI~I~I)A IT[II. N0. DEC O 2 20O3 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROBERT Z~C'HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEVVER DISTRICT TOM HENNING, CHAIRMAN DEC 0 2 2003 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID //04-3573 - CONTRACT FOR EMERGENCY & SCHEDULED HAULING" TO SOUTHERN SANITATION, INC. ESTIMATED AMOUNT OF $150,000 "ANNUAL SEWAGE IN THE OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water-Sewer District, award Bid # 04-3573 -"Annual Contract for Scheduled & Emergency Sewage Hauling to Southern Sanitation, Inc. in the amount of $150,000. CONSIDERATION: 1. The Wastewater Department of the Public Utilities Division maintains a large wastewater collection system that includes over six hundred lift stations, which require the services of pumper trucks when temporarily inoperable. 2. The sewage hauling service is utilized for the most part during emergency situations to prevent the spillage of wastewater which can occur during inclement weather conditions and extensive power outages. 3. Bid #04-3573 was posted on September 18, 2003. Sixty (60) inquiries were sent to vendors. One (1) package was received. All legal requirements have been met. 4. Staff has reviewed the bid received and recommends award to Southern Sanitation, Inc. FISCAL IMPACT: The estimate of service volume for this item is based on last year's actual experience and estimated to be $150,000.00, depending on system demand. Funding is available in the Wastewater Collections budget County Water/Sewer Operating Fund (408). Other County departments or governmental agencies may also utilize this bid. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of' the County Water Sewer District, award Bid #04-3573 to Southern Sanitation, Inc. AC~N~A IT£# / DEC 0 2 2O03 PG._ / ~ a2~4?~3' Date: /' SUBMITTED BY: Steve Nagy, Wastewater Collections Manager Josep~Cheatham, Wastewater Director REVIEWED BY: ~ '..~. ~"~/~,'/ Date: /('"' J'~- O~,.~ Stephen Camell, ~urcha~or APPROVED ~ ~D at e:/~'~rff~,r~ eLony, P.E., PuFf'Utilities Administ ato AG[1~ IT[M ~o. . rT~ (r) DEC fi 2 2003 z~ r- m. o o'-- o ~o m~Cl DEC ~ 2 2003 I EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $66.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $66.00 and will be charged to MSTD General Fund (111) - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. AG~ttDA IT£H ~ DEC 0 2 2003 ~'G... , I Pam Callis, ~nue Supervisor Utility ~and./~stomer Service Reviewed by: /~.¢, ~. ~---~,"~-'~"'~ .,~...es/~ ~. Riesen, Revenue Manager ~dtility Billing and Customer Service Reviewed by:~ ~n/g/,~ ~ervice Approved~,~m~ .e~.~" ,z.~...Z._W. DoLo~,~P.E.~, dministrator iUtilities Division/ Date: Date: \\/"/ 2003 EXHIBIT "A" o o ° o 10. 11. Bacon Sr Estate, Silas % Silas Bacon Jr Co-Pr roas T Bacon Co-Pr Folio #66930680000, Lot 20, Pine Grove Subdivision, Res # 2002-16 Escobar, Braulio & Adiela, Folio # 32383000960, Lot 33, Falcon Ridge, Res. # 2002-347 Gillis, Albena J., Folio #36451080009, Lot 16, Block 259, Unit 7 Part-Golden Gate, Res.#2001-464 Gillis, Albena J., Folio #36451080009, Lot 16, Block 259, Unit 7 Part-Golden Gate, Res. #2002-183 Gillis, Albena J., Folio #36451080009, Lot 16, Block 259, Unit 7 Part- Golden Gate, Res. #2003-67 Gonzalez, Valentin & Migdalia, Folio # 62255200004, Lot 41, Block 6, Naples Manor Lake, Res. # 2002-64 Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce, Folio 74412200000, Lots 5 and 6, Block D, South Tamiami Heights, Res. # 2002-18 Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce, Folio # 74412240002, Lots 5 and 6, Block D, South Tamiami Heights, Res. # 2002-19 Mario Pino & Cira Pino, Folio # 62252040005, Lot 21, Block 3, Naples Manor Lakes, Res. # 96-182 Antonio L Quintana Antonia M Quintana, Folio # 62040840006, Lot 13, Block 2, Naples Manor Unit # 1 Res. # 97-105 Saporito, Donald % Adrienne, Dressel, Folio # 67952501700, Lot 15, Pinnacle Cove, Res. # 2002-21 AG~& IT£M. ~ N0._ '/ DEC O 2 2003 PG, .~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 66930680000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bacon Sr Estate, Silas % Silas Bacon Jr Co-Pr Roas T Bacon Co-Pr 620 Ortiz Ave. Fort Myers, FI 33905 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3066 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 20, PINE GROVE SUBDIVISION OF THE TOWN OF IMMOKALEE, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form a~v~~cy By: TOM HENNING, CHAIRMAN DEC 0 2 003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 32383000960 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Escobar, Braulio & Adiela 133 Wading Bird Cir Apt 102E Naples, FL 34110 The Lien was recorded on the 2nd day of October 2002, in Official Record Book 3121 Page 1541 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Fifty Dollars and No Cents ($1050.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 33, FALCON RIDGE Collier County, a poli[ical subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to recoFd this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and ]~¢~T~ncy ROBERT ZACHARY By: TOM HENNING, CHAIRMAN AGE~Di ITEM NO. .. E. 7 DEC 0 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36451080009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gillis, Alberta J. 20201 Plymouth Rd Apt 1005 Detroit, MI 48228 Lien was recorded on the 2nd day of January 2002, in Official Record Book 2956 Page 0744 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Fifty Dollars and No Cents ($450.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT t6, BLOCK 259, UNIT 7 PART-GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flor/dh, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ROBERT Z~HAR y By: TOM HENNING, CHAIRMAN DEC 0 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36451080009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gillis, Albena J. 20201 Plymouth Rd Apt 1005 Detroit, MI 48228 Lien was recorded on the 30th day of April 2002, in Official Record Book 3027 Page 2687 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 259, UNIT 7 PART-GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ~ency~ R'OB EI~T,.~HARY By: TOM HENNING, CHAIRMAN N0. /t~ ~... 7 DEC 0 2 2003 7 . . . This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36451080009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gillis, Albena J. 20201 Plymouth Rd Apt 1005 Detroit, MI 48228 Lien was recorded on the 6th day of March 2003, in Official Record Book 3233 Page 2114 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain o_bligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 259, UNIT 7 PART-GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form a~~y ROBERT Z~HARY By: TOM HENNING, CHAIRMAN ~ I'tOA I T[I,I N0. /~C. 7 DEC O,q 2 2003 PG.. ....~( This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62255200004 SATISFACTION OF LIEN KNOW AI.I. MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gonzalez, Valentin & Migdalia 1237-39 NW 33 St Miami, H 33142 Lien was recorded on the 6th day of March 2002, in Official Record Book 2993 Page 3090 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 41, BLOCK 6, NAPLES MANOR LAKE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form lq'" RO/'BE"~T~HARY By:. TOM HENNING, CHAIRMAN .0._ DEC; 0 2 2003 PG... ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce 506 Quinnipiac Ave North Haven, CT 06473 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3070 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 5 AND 6, BLOCK D, SOUTH TAMIAMI HEIGHTS Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form By: TOM HENNING, CHAIRNIAN DEC 0 2 2003 'This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412240002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce 506 Quinnipiac Ave- North Haven, CT 06473 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3072 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 5 AND 6, BLOCK D, SOUTH TAMIAMI HEIGHTS Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATYEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ency .-""----5 R6BE"I~T,Z/A~HARY By:. TOM HENNING, CHAIRMAN DEC 0 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62252040005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the o~vner and holder of a certain Lien against: Mario Pino & Cira Pino 6860 NW 75th St Hialeah, FL 33166 The Lien was recorded on the 6th day of May 1996, in Official Record Book 2179 Page 0062 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the ' principal sum of Two Hundred Ninety Eight Dollars and No Cents ($298.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, BLOCK 3, NAPLES MANOR LAKES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form ROBER~ Z~/I~kR y By: TOM HENNING, CHAIRMAN AG~A IT£~ 0 N0. /F.~. 7 DEC 0 2 2003 p~. /,,,1~.. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62040840006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Antonio L Quintana Antonia M Quintana 911 NW 1st St Miami, FL 33128 The Lien was recorded on the 27th day of March 1997, in Official Record Book 2299 Page 1015 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Hundred Ninety Eight Dollars and No Cents ($798.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 2, NAPLES MANOR UNIT NO. I Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ROBE T,,~CHARY TOM HENNING, CHAIRMAN AG£NOA IT£H ~ .o. 14 - '/ DEC 0 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 67952501700 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Saporito, Donald % Adrienne, Dressel 203 Walnut St Elmhurst, IL 60126-2635 The Lien was recorded on the 13th day of February 2002, in OffiCial Record Book 2980 Page 3076 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 15, PINNACLE COVE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form 4cy R6BE~T ~k'~IA R Y IGEt~OA ITt# -, '"' 1~0.~ DEC 0 2 2003 PG. /4: EXECUTIVE SUMMARY RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY TO DRAFT AN ORDINANCE TO CREATE AN ANIMAL SERVICES ADVISORY BOARD. OBJECTIVE: To improve community feedback relating to the operations of Collier County Domestic Animal Services. CONSIDERATION: The National Animal Control Association evaluation conducted in April 2002 recommended the establishment of an Animal Services Advisory Board to build trust between government and the community and to provide an impartial review of Animal Services related activities. There is currently no other board, public or private, already in existence to serve this purpose. An Animal Services Advisory Board would benefit the community in the following areas: · The board would act as a primary conununication link between the community, Domestic Animal Services, and the Board o £ County Commissioners. · An advisory board would be able to solicit input from the public. · An advisory board can draw upon the skills, information, and experiences of its members relating to Animal Services. · An advisory board can be used to evaluate, consider, and review programs, special events, and suggestions from the public. · An advisory board would assist in the efficiency and improvement of services to the community. If this summary is approved, the County Attomey's Office and the staffwill work together to prepare an Ordinance that creates said advisory board. This Ordinance will be publicly advertised and presented to the Board at a future date. FISCAL IMPACT: There is an associated cost of $200 to advertise an Ordinance. Funds are available within the Domestic Animal Services budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Recommendation that the Board authorize the County Attorney to draft an Ordinance creating a Domestic Animal Services Advisory Board for future consideration· z_ __~ ;~ ~()/~~ Date://~c~/~ eO.~ S~MI~ED BY: ~ ~dgJ. X d~r~r~tor ' - D~ gimal Semices ~PRO~D BY: ~ ~ } . ~ _ Date: 1i'2i--oV J~ D~uck, A~inisWator ~vision of Public Se~ices EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TOTALING $34,016 TO MOVE UNITED WAY 4-H FOUNDATION GRANT FUNDING FROM THE GENERAL FUND TO THE MISCELLANEOUS GRANTS FUND. OBJECTIVE: To segregate grant funding received from the United Way of Collier County through the 4H Foundation to ensure expenditures are controlled and accounted for properly. CONSIDERATIONS: The Board of County Commissioners received a $12,000 grant from the United Way in FY 03 to fund a 4-H Outreach Coordinator position in the Extension Services Department. The grant was initially budgeted and placed in the General Fund. Only $1,984 of the grant money was expended during FY 03, leaving a balance of $10,016. There is an additional $24,000 grant budgeted in the General Fund in FY 04 for the same position. The granting agency requires all remaining FY 03 money to be expended before providing the FY 04 grant money. The United Way of Collier County, through the 4-H Foundation, is the sponsor for this position and requests that the grant funds be segregated to ensure they are used for their intended purpose. Segregating the funding requires assigning a project number, which can only be done in project- designated funds such as the Miscellaneous Grants Fund. Budget amendments are required to transfer the FY 03 balance of $10,016 from the General Fund to the Miscellaneous Grants Fund. Additional budget amendments are required to remove the $24,000 grant funding from the FY 04 General Fund budget and place it in the Miscellaneous Grants Fund. Fiscal Impact: Approving these budget amendments would decrease the General Fund Budget by $34,016 and increase the Miscellaneous Grants Fund by the same amount. There would be no fiscal impact on the total County Budget. Growth Management Impact: None Recommendation: That the Board of County Commissioners approve budget amendments totaling $34,016 to move United Way Grant funding from the General Fund to the Miscellaneous Grants Fund. Prepared by: ~ Reviewed and Approved By: /~ ~/~ k o~r ff~ John Dunnuck, Public Services Ad .~inistrat Date: 11/14/2003 Date: No. EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN TWO STATE OF FLORIDA EMERGENCY MEDICAL SERVICES MATCHING GRANT APPLICATIONS IN THE AMOUNT OF $77,171.10 OBJECTIVE: To improve emergency medical services programs. CONSIDERATIONS: The State of Florida established the EMS matching grant program to assist organizations in the improvement and expansion of EMS services. Each fiscal year Emergency Medical Services Department applies for matching grants from the State of Florida's matching grant program. Two matching grant applications have been written to improve the training of the County's personnel. The EMS On-line education program meets/exceeds the Department of Transportation's standards. The program allows 24-hour access so EMT/Paramedics can work while at their station during downtimes. The program offers simulations that provide more life- like dynamic representation of real-world complex situations. Simbaby is a realistic, lifelike baby mannequin that simulates a severe allergic reactions, cardiac arrest, seizures, drug overdose, and throat closures to train paramedics for a variety of critical scenarios. It cries, pulls its ann away when an IV is inserted, gasps and makes heart, lung, and bowel sounds. Our Paramedic personnel will be better prepared to handle the specials needs of infants. If the grant projects are approved, the State Bureau of Emergency Services will provide seventy five percent (75%) funding of the total project cost. The County would fund the remaining twenty-five percent (25%) of the project cost in the FY05 budget. Submission of a matching grant application in no way obligates the County to budget the twenty five percent grant contribution at this time. If the County chooses not to fund the project, the County's sole obligation would be to deny the grant when the awards are released in the spring of 2004. FISCAL IMPACT: The total costs of the projects are $77,171.10 with grant revenue providing $57,877.95 and the associated County match of $19,293.15 (see table below). Project State Grant Fund County Matching Total Cost (75%) Funds (25%) On-line Training $27,426.45 $9,142.15 $36,568.60 Simbaby $30,451.50 $10, ! 51.00 $40,602.50 Totals $57,877.95 $19,293.15 $77,171.10 If awarded, the program would be budgeted in FY 05. DEC 0 2 2003 .P.g~,,,._~ -.- -- GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign t~ matching grant applications. REQUESTED ~ ~/]~ DATE: g amilton, Fiscal Technician Emergency Medical Services Department REVIEWED BY: Q,,.yy"' P,~_. DATE: Jeff Pa~r,~)ector Er~rgency Medical Services Department APPROVED BY: ~d(. ~('~- ~~-~ DATE: John Dunnuck, Administrator Publil: Services Division Agenda Item No./ D EMS Matching Grant Application EMS On-Line Training Program Collier County Emergency Medical Services 2003/2004 Florida Department of Health Bureau of Emergency Medical Services ORGINAL EMS MATCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application Type of Grant Requested: ~] Rural [~ Matching ID. Code {The State Bureau of EMS will assign the ID Code - leave this blank) " 1. Or.qanizationName:Collier County Board of County Commissioners 2. Grant Siqner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Tom Henninq Position Title: Chairman Address: 3301 Tamiami Trail East City: Naples State: Florida Telephone: ( 239 ) 723 - 2584 E-Mail Address: ,, County: Zip Code: 34 ] ] 2- Fax Number: (239)775_4454 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: r,ugene Hamilton Position Title: Fiscal Tech. Address: 3301 Tamiami Trail East Building H City:Naples I County: Collier State: Florida I Zip Code: 341 12 Telephone: (239)732-2584 Fax Number: (239)775.-4-(54 E-mail Address: 1 ugenehami i t on@ co ! i i e rgov. net DH Form 1767, Rev. June 2002 l ' Agen4~_ ~te~ OECO q 4. _L_e.qal Status of Applicant Or.qanization (Check only one response}: (1) [] Private Not for Profit [Attach documentation-501 (3) ©] (2) [] Private For Profit (3) [] City/Municipality/Town/Village (4) [] County (5) [] State (6) [] Other (specify): 5. Federal Tax ID Number fNine Oi.qit Number}. VF5 9.%6_0_0_0._5_5_8 6. EMS License Number: 0 0 2 34 0Type: E~-ransport E~Non-transpod [-1Both 7. Number of permitted vehicles by type: BLS 3 1 ALS Transport 8 ALS non-transpod. 8. Type of Service (check one): []Rescue [-1Fire ~i~Third Service (County or City Government, nonfire) [--]Air ambulance: E]Fixed wing E~Rotowing E]Both ['-1Other (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuing EMS education in this project=..[No signature is needed if medical equipment and p ,o, e s s, ~)n a ~j~/~i o~ ,~'~"'./t~. i~ project., Prin~ype: Name of Director ~& ~ %~ FL Med. Lic. No. ~E Note: AI~ organizations that are not lice,%ed EMS providers must obtain the signature of the medical director of the licensed EMS proviour responsible for EMS se~ices in thei~ area of operation for prb~cts that involve medio~[:~uipment and/or continuing EMS education': IIf your activity is a research or evaluation project, omit Items 10, 11, 12, 13, and skip to Item Number 14. Otherwise, proceed to Item 10 and the following items. 10. Justification Summary: Provide on no more than three one sided, double spaced pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); B) Present situation (Describe how the situation is being handled now); C) 1-he proposed solution (Present your proposed solution); D) Consequences if not funded (Explain what will happen if this project is not funded); E) The geographic area to be addressed (Provide a narrative description of the geographic area); F) The proposed time frames (Provide a list of the time frame(s) for completing this project); G) Data Sources (Provide a complete description of data source(s) you cite); H) Statement attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what you've done on other grant projects under this grant program). DH Form 1767. Rev. 2002 4 Agenda,. ~te No. 10. ~uStificaOon Summary: (A) Problem Description: Collier County EMs needs to continually improve the knowledge and skills of our EMT/Paramedics so that we can continue to give excellent medical care. Collier County Emergency Medical Service provides services to over 2,032 square miles with 29 certified EMT's and 124 certified Paramedics working out of 19 stations. According our run reports for the last year, Collier County EMS responded to 34,006 calls, of this 30,491 were emergency medical incidents. Our large geographic service area, presents unique problems with respect to training. Personnel must come in on their day off to train. We hold our in-services for 3 days rotating our EMT/Paramedics in on their day off. EMT/Paramedics must continually train to improve and enhance their knowledge and skills in the basic concepts as well as keep pace with the growing advancements in the emergency medical service. Senior EMT/Paramedics who do not keep pace with the advancements and personnel assigned to Iow call volume stations are the most effected. Collier County EMS is in need of consistent emergency medical training that can be delivered while on-duty find in-service. This will improve and enhance the cognitive knowledge and skills of all EMS personnel. This is something that would significantly benefit each EMT/Paramedics and the general population of Collier County and our mutual aid areas (B) Present Situation: Presently, we schedule our in-services for three days and rotate our personnel in. - EMT/Param~d/~s attend on their scheduled day off. With tightening budgets, medical equipment becom% a top priority. We must develop a .m6~th0d 'to provide consistent emergency medical training to improve and enhance the knowledge and skills of our EMT/Paramedic while they are on duty and still allow them to remain in-service. (C) Proposed Solution: Utilizing grant funds, Collier County EMS will purchase and install an approved on-line training program to serve as a consistent, cornerstone of the emergency medical training program. The EMS on-line program, CE Solutions, offers a large database of continuing courses both at an EMT and at a Paramedic level. According to CE Solutions website, this program has been approved in the State of Florida for continuing education credits. The EMS on-line training program provides current curriculum which meets/exceeds the required DOT standard, course objectives, course material, and documentation of subject comprehension through examinations. DEC 0 2 2003 Utilizing the EMS on-line training program each EMT/paramedic will be assigned specific subjects to complete within a specified time period of 30 days. This training can be completed while they are on-duty and in-service at their stations, or at home if they are off-duty due to an injury or illness. Utilizing the system administrator feature, the Training Division will be responsible for tracking and documenting the progress of each EMT/Paramedic in each assigned subject area. Pre and post- test scores will provide adequate validation as to the comprehension levels. It should be noted, that the emergency on-line training program is not meant to eliminate all current direct delivery of training. It is intended, to be the cornerstone of the program designed to improve and enhance the knowledge and skills of the EMT/paramedic in a consistent and time efficient manner. (D) Consequences if not funded: If not funded, we will lack the additional resources necessary to provide the continuous educational resources that are essential/mandatory for EMT/Paramedics. Collier County Emergency Services wants to be equipped to provide our personnel with the best resources for continuing education that is available. (E) The Geographic Area to be Addressed: :Collier: County Emergency Medical Services providS~ advanced life support services to over 2,032 Square miles and our mutual aid areas of Lee, Dade, Broward, Monroe and Hendry Counties. (F) The Proposed Time Frames: Once grant funds are received 2 months: The Training Division will review all the course offerings and identify the components of the training program. Written documentation will be developed to outline the entire program which will include, but not limited to: purpose of program, order of each subject to be taken, required passing score of 80%, and individual remediation for those who do not successfully complete each subject area. 4 months: Collier County EMS will have the EMS on-line training program installed in each designated worksite: 18 Stations and 3 at the Training Division. 12 months: On a quarterly basis, the training division will track and document the progress of each EMT/Paramedic as they continue through the EMS on-line training program. Documentation will include, but not limited to: scores for pre and post -test and time spent in each subject area. ~ Agend~ DEC 0 2 2003 Member Login User Name I. )assword ~lready signed up? Log in here! Less Stress Instructional Services and CE-Solutions present: On-Line Continuing Education Units for EMS Professionals In response to your requests, we at Less Stress have teamed up with CE- Solutions to provide you with on-line EMS CEU's. After checking out the new simulator, you can now take on-line courses for continuing education credits in 40 states! Check out if your state have approved on-line CEU's by clicking here CE Solutions has a large database of continuing education courses available making it easy to meet your recertification requirements from the convenience of your own desktop. System administrators and supervisors can even sign up for organizational programs by calling us at (888) 277-3671. Fees for CEU's are as follows: Program ECA/1st Responder EI~IT-B ENT-I Paramedic · credit~ Per Hour Program ($4 Per Hour) National Registry Hours Price 2 Years - Unlimited! $100 2 Years - Unlimited! $:t00 2 Years - Unlimited! $100 2 Years - Unlimited! $100 5 Hour Minimum $20 :1.0 Hours $25 Sign up now and receive a free development copy of VOA - our dynamic resuscitation simulator! This patient reacts differently every time you try to resuscitate him. Watch him develop airway obstructions, change heart rhythms, and gain/lose a pulse all based on random numbers generated by the computer. And it's free when you sign up for a CEU course subscription with CE Solutions! Click here to check it out! Sign Up Now! Click here! Take a free trial CEU Course! Click here! http://www.lessstress.com/olceus.htm I DECO 2 2003 ~ Variable Outcome Algorithm VOA (Variable Outcome Algorithm) is a new program script that we are developing to add to our simulators. VOA allows our simulation patients to do something different every time you attempt to revive them. This product comes with one adult CPR/AED VOA scenario. Do CPR and watch his anoxia decrease. Shock him and turn his fibrillation into normal sinus, only to have him go right to asystole next time you play. It's all up to the computer-generated "Roll of the dice". This is some of our most advanced simulators ever! A downloadable copy of VOA is free when you sign up for CE Solutions On-Line CEU subscription through Less Stress Instructional Services PELASE HIT THE "BACK" BUTTON ON YOUR BROWSER http://www.lessstress.com]voa.htm · Agen te I DEC 0 2 ~.00t ~ (G)Data Sources: The Run Reports Interface provides accurate data as to the number of emergency incidents that Collier County Emergency Services responds to on an annual basis. The Training Division develops the training schedule indicating times and days of training. In addition, the Training Division is responsible for the documentation of attendance and successful completion of each training session. The Training Division is responsible for identification of department needs with respect to the direction of emergency medical training. (H) Previous State Grant: Collier County EMS attests that this proposal is not a duplicate of any pervious local, state, or federal grant award / o 2 zoo INext, only complete one of the following: Items 11, 12, o_zr 13. Read all three and then select and complete the one that pertains the most to the preceding Justification SummaW. ,1 1. Outcome For Protects That Provide or Effect Direct Services To Emerqency Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, and benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double-spaced pages for your response. Include the following.. A) Quantify what the sitUation has been in the most recent 12 months for which you have d~ia (include the dates). The strongest data will include numbers of deaths and injuries during this time. B) In the 12 months after this project's resources are on-line, estimate what the numbers you provided under the preceding "(A)" Should become. C) Justify and explain how you derived the numbers in (A) and (B), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Oulcome For Training Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double-spaced pages for your response. Include the following: A) How many people received the training this project proposes irt the most recent 12 month time period for which you have data (include the dates). B) Hew many people do you estimate will successfully complete this training in the 12 months after training begins? . C). if.~is..trajping is. designed to have an impact on injuries deaths,' o( other emergency vict m data, :. ~ p.,r.e.y!de,.t,,h,.e, ~.,m,.p.a,,c.t..~,a.!~ for the 12 months before the tr_a~mng.~ pc.o. jeqt. ~.h~.t. th.e_ data shou d be in the 1;_ months after the training. D) Ex¢'l'ain the derivation of all figu. res. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two additional one sided, double- spaced pages for your response. Include the following. A) What has the situation been in the most recent 12 months for which you have data (include the dates)? B) What will the situation be in the 12 months after the project services are on-line? C) Explain the derivation of all numbers. D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 5 12. Outcome For Training Projects Improves and Enhances Cognitive Knowledge and Skills- Computer programs offer simulations that provide more life-like-dynamic representation of complex real-world situations improving the EMT/Paramedics cognitive knowledge and evaluates their judgmental abilities in less time. Each EMT/Paramedic must successfully complete a pre and post test to demonstrate competency and comprehension in each subject area. Improves Consistent Delivery Method with Quality Subject Matter by 100%- A total of 29 EMT's and 124 Paramedics will receive the same consistent information, which at the same time meets/exceeds the DOT standard. The level of consistency has never been available before. The program allows 24-hour access so the EMT/Paramedic can work at their own pace. The EMT/Paramedic can leave in the middle of a subject and start up right where they left off' the same day or another day. It also provides a 100% improvement in the availability of personnel who are not at work due to an injury or illness. They can still participate in the same consistent emergency medical training while off-duty. Improves Documentation -The computer program provides accurate documentation as to the subjects covered, time spent on each subject, and a method for measuring comprehension through written tests and skills. (A) How Many People Received the Training in Previous 12 Months: As Collier County Emergency Medical Services currently lacks a consistent emergency medical on-line program, no personnel have completed this training program. (B) How Many People Will Successfully Complete the Training in 12 months: Utilizing a consistent emergency medical on-line training program, a total of 29 EMT's and 124 Paramedics will complete a minimum of 8 courses. The Training Division will be responsible for tracking and documenting the progress of each EMT/Paramedic as they progress through the program. Documentation will include, but not be limited to: scores for pre and post- test and time spent in each subject area. One-hundred percent of our personnel will complete this training (C) Impact on injuries, deaths, or other victim Data: Continual training is the only way to improve and enhance their knowledge and skills in the basic concepts, as well as keep pace with the growing advancements in emergency medical service. Therefore, it is impetrative that we make all training available to every EMT and Paramedic. How well trained they are effects everyone. One-hundred percent will be trained in the same consistent manner. (D) Explain all figures: All figures are based on the fact that Collier County Emergency Medical Services has no consistent on-line training program at this time. CE) Integration in Department's Five -Year Plan: Collier County Emergency Medical Services provides advanced life support care to a steadily growing community. According to the US Census Bureau Collier County is growing at a rate of approximately 10,000 per year. To meet the growing needs of the citizens, Collier County Emergency Medical Services projects two additional stations. The Training Division desires to provide a consistent quality emergency medical traifii~.g program. This grant proposal solves many concerns:of,, a:growing departme~,t by providing a simulated infant to provide the necessary and needed training to improve and enhance the knowledge and skills of each EMT/Paramedic in a consistent and systematic manner. D 0 P U ! a t i 0 n estimates gensus > Dooulation estimates > counties > CO-EST2002-01 I text menu county table Florida Co~.nty Population Estimates: April If 2000 to 3uly 1, 2002 April 1~ 2000 Population 3'uly 1, 2002 3uly 1, 2001 3uly 1, 2000 Estimates Census 2000 County State Population Population Population Base Population Florida 16,713,149 16,373,330 16,051,395 15,982,400 15,982,378 Alachua Florida 222,254 220,344 218,301 217,955 217,955 Baker Florida 22,793 22,6091 22,388 22,259 22,259 Bay Florida 151,901 149,683 ' 148,244 148,217 148,217 Bradford Florida 26,297 25,982: 26,081 26,088 26,088 Brevard Florida 495,576 486,405 477,853 476,230 476,230 Broward Florida 1,709,118 1,673,176! 1,632,951 1,623,018 1,623,018 Calhoun Florida 12,56¥ 12,745 13,045 13,017 13,017 Charlotte Florida 148,678 145,463 142,263 141,627: 141,627 Citrus Florida 123,685 121,2891 118,633 118,085 118,085 Clay Florida 152,093 146,113 141,681 140,814 140,814 Collier Florida .- 2~76~691 265,101 254,213 251,377 251,377 Columbia Floric~a 58,028 57,465 56,750 56,513 56,513 DeSoto Florida ~32,819, 32,886 32,310 32,209 32,209 Dixie FlOrida 14%0.~_3 13,841 13,825 13,82_7. 13,827 Duval '~::~ :C;t; Fl~t-ida:~ "8 ,(~,,120 792,719 779,752 778,879 ~. 778,879 Escambi~;:~t.'~ ~kt~" 297,2721 296,667 : 294,299 '294,410 294,410 Flagler Florida 57,377 53,658 50,574 49,832 49,832 :Franklin Florida 10,069: 9,908 9,837 9,829 11,057 : Gadsden Florida 45,279 45,262 45,050 45,087 45,087 Gilchrist Florida 14,720: 14,615 14,546 14,437 14,437 Glades Florida 10,786 10,724 10,609 10,576 10,576 Gulf Florida 14,789 14,658 14,598 14,560 13,332 Hamilton Florida 13,710 13,742 13,334 13,327 13,327 Hardee Florida 27,333 26,886 26,927 26,938 26,938 Hendry Florida 36,891 36,699 36,372 36,210 36,210 Hernando Florida 138,470 134,546 131,491 130,802 130,802 Highlands Florida 89,952 88,616 87,453 87,366 87,366 Hillsborough Florida 1,053,864 1,027,369 1,003,280: 998,948 998,948 Holmes Florida 18,628 18,635 18,534 18,564 18,564 Indian River Florida 118,007 115,414 113,370 112,947 112,947 Jackson Florida 46,408 46,260 46,766 46,755 46,755 3efferson Florida 13,695 13,403 12,915 12;902 12,902 Lafayette Florida 7,009 7,177 7,061 7,022 7,022 Lake Florida 233,835 223,610 212,842 210,527 210,528 Lee Florida 475,639 459,157 443,840 440,8~ ~, _ 440,888 re.census.gov/popesffdat~counties/tables/CO-EST2002/CO-EST2002-01-1: .php[I¢[~ 1~01~~3 ~ htt[ DELL Date: 11114/03 2:26:39 PM QUOTE #: Customer #: Quote Date: Customer Name: QUOTA TiON 124080298 247719 11/14~03 COLLIER COUNTY BOARD OF COMM TOTAL QUOTE AMOUNT: $3,920.00 Product Subtotal: $3,920.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 0 SOFTWARE & ACCESSORIES Product Quantity Unit Price Total Dell PS/2 Keyboard, Gray, No Hot Keys, Dell Optiplex, Customer Install (310-1526) 20 $17.00 $340.00 Dell M782 monitor,17inch (16.0Viewable Image size), MidnightGray, OptiPlex, Customer Insta (320-0179) 20 $179.00 $3,580.00 Number of S & A Items: 2 S&A Total Amount: .................. :~. $3,920.00 SALES REP: Email Address: IAPRIL DELASHAW April_Delashaw@ Dell.com PHONE: I 800-981-3355 Phone Ext: 44721 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, Le. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019. ** All product and pricing information is based on latest information available. Subject to c_~an_ge without notice or obligation. Agend..a~.Zt.e_~ panels in Dell products contain mercury, please dispose properly. LCD ~o. ,,._3 fi~:~/C:~D~cum~nts%2~and%2~Settings~hami~t~n~ugene~L~a~%2~Sett~ngs\Tem~rary%~ 11/19/2003 FAX HealthWare Solutions LLC 647 Vache Circle Redlands, CA 92374 909-3O7-8739 909-335-6712 Quote Quote# MNJKQ1162 Date 11/10/03 Bill To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples, FL 34112 USA Ship To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples, FL 34112 USA PO N~mber Sales Rep: Sales Rep: See Below Mark Roberts Qty Description List Price Unit Price Ext. Price 20 No Fault Warranty 3 years * See warranty $250.00 $250.00 $5,000.00 info enclosed for details. TERMS: Net 15 Days SubTotal $5,000.00 Sales Tax $0.00 ~ ~., ,.;~ .~ Shipping $0.00 Total $5,000.00 Payment terms are as agreed in the attached Healthware License and Service Agreement unless otherwise indicated on this Sales Order. NI Products and Service provided under Ibis agreement and governed by the terms and conditions of the attached Software Ucensee Agreement. You agree to all the terms conditions by your signature below. Customer Authorized Signature: Healthware Authorized Signature: Date: Date: 11110/2003 DEC 0 2 2003 FAX HealthWare Solutions LLC 647 Vache Circle Redlands, CA 92374 909-307-8739 909-335-6712 Quote Quote # MNJKQ1163 Date 11/10/03 Bill To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples, FL 34112 Ship To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples, FL 34112 USA USA PO Number Sales Rep: Sales R&p: Net 15 Mark Roberts Qty Description List Price Unit Price Ext. Price 20 Docking Station for CF-18, Includes angled stand. $544.00 $473.28 $9,465.60 20 USB - R J-45/Ethernet adapter with hold down. $149.00 $126.65 $2,533.00 TERMS.: ,. Net 15 DaY Su Tota, .... _ Sales Tax $0.00 ~ E.2,~''.2~--' Shipping $350.00 Total $12,348.60 Payment terms are as agreed in the attached Healthware License and Service Agreement unless otherwise indicated on this Sales Order. NI Products and Service provided under this agreement and governed by the terms and conditions of the attached Software Ucensee Agreement. You agree to all the terms conditions by your signature below. Customer Authorized Signature: Healthware Authorized Signature: Date: Date: 11/1 O/2O03 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable~ most projects cannot be completed in less than six months and if it is a communications Project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Training Div. to review all courses Have proqram installed On ~ q)3~rly b~ ~ra~k & document progress Number of Months After Grant Starts Begin End 1 month 2 month 4 months 5 month~ 10 months 12 months. 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in tlJe ~xplanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated-in whole or part for the costs herein. ;~,,:~::,' The entire Col!!,er - -'~ fdr~ the fo]lowi'u~: County alloca~ 26h'-'is-beirfq 'Qged'~ :r EMS eou ipment An,- funds taken from the aforementioned would mean discontinuing tOQue projects. DH Form 1767, Rev. 2002 E C 0 2 2003 18. Bud,qet ' Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount of why each of the positions and the numbers salary per hour, FICA per hour, . of hours are necessary for this project. fringe benefits, and the total number of hours. TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified, necessary to this project. agency, such as, commodities and supplies of a consumable nature, excludin,q .expenditures classified as operating capital outlay (see next category). $100.00 EMT nec si~9 on cost $100.00 Parsmedic nec sign on cost - Pmr~i-cs 100xt24 =- ,$-1--2 i 40O~--cost~-of .pr_oqram - -EMT's- 100X29=$2',900- cost of program /O/AL: $ $15,300 DH Form 1767, Rev. 2002 oEc-F oo3 ! Vehicles, equipment, and other Costs: List the price -Justification: State why each of the items operating capital outlay means of the item and the and quantities lis{ed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and the normal expected life of which is 1 year or more. Docking Stations $12,348,60 nec, fo.r Warranty for Station~ $5,000 to Protect " ~n~r~ ~ ~vh~r~ $3,920 for use when at Station TOTAL: $ 36. ~R ~n State Amount_~ - :*~--- .... (Check applicable program) [] Matching: 75 Percent [] Rural: 90 Percent Local Match Amount (Check .applicable program) [] Matching: 25 Percent [] Rural: 10 Percent Grand Total DH Form 1767, Rev. 2002 $27,426.~5 $9!142.15 $ 36. 568.60 9 DEC 02 Rd03 i 9. Certification: My signature .b..elo. w certifies the following.. am aware that any omissions, falsifications, missi;~tements, or' misrepresentations in this pplication may disqualify me for this grant and, if funded, may be grounds for termination at a :later date. I understand that any information I give may be investigated'as allowed by law. I :ertify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. agree that any and all information submitted in this application will become a public document )ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes ~aterial which the applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived by the applicant upon submission of this application pursuant to Section 19.07,F.S., effective after opening by the Florida Bureau of EMS. accept that 'in the best interests of the state, the FlOrida Bureau of EMS reserves the right to 'eject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals· received, and can exercise that right. I, the undersigned, underStand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is 3ublished I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved 3udget for the activities identified. Ir~ addition, the budget shall not exceed, the department, approved funds for those ,activities id&~tified in the notification letter. No funds count towards satisfying ' ' i. ~ . ' ',,,~. ....... ' th~s grant ~f the funds we,~. ~tso used to sahsfy a matching requirement of another state grant. All cash, s~-~rjes, fringe benefits; expenses, eqUipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this grant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing below. Signature of Authorized Grant Signer (Individual Identified in Item 2) DH Form 1767, Rev. June 2002 / '/ MM/DD/YY 10 DEC 0 2 2003 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with.the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of pre-hospital EMS. DOH Remit Payment To: Name of Agency:cr~] Mailing Address: 3301 Tamiami Trail East Building H Napier: Flor~d~ q4112 Federal Identification Number Authorized Agency Official: Signature VF59-6000558 Tom Henninq, Chairman TypeNameandlitle Date Sign and return this page with your appfication to: Do not write below this line. Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way,:Bfii C18_~ Tallahassee, Florida 32399:1738" For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID Code: Approved By:. Signature of EMS Grant Officer State Fiscal Year: Date Organization Code E.O. OCA Object Code 64-25-60-00-000 N N2000 7 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 11 EMS Matchin~ Grant Application SimBaby Collier County Emergency Medical Services 2003/2004 Florida Department of Health Bureau of Emergency Medical Services ORGINAL I DEC022003 ! EMS MA TCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application Type of Grant Requested: F--1 Rural [~] Matching ID. Code {The State Bureau of EMS will assign the ID Code - leave this blank) . 1. Or,qanizationName:CollLer County Board of County Commissioners 2. Grant Siqner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Tom Henninq Position Title: Chairman Address: 3301 Tamiami Trail.. East City: Naples State: Florida Telephone: (239)723-2584 E-Mail Address: ICounty: Co] ] Let Zip Code: 34 ] I 2 Fax Number: ( 2 ~, 9 ~-7 7 R- 4 4 54 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: r,ugene Hami]tor] Position Title: Fiscal Tech, Address: 3301 Tamiami Trail East Building H City:Nap!es I County: Col lier State: Florida I Zip Code: 34112 Telephone: (239)732_2584 Fax Number: (239)?75.-4(54 E-mail Address:lugenehami iton@co! liergov, net DH Form 1767, Rev. June 2002 / DEC 0 2200,:-1 Le.qal Status of Applicant Orqanization (Check only one response'): (1) [] Private Not for Profit [Attach documentation-501 (3)©] (2) [] Private For Profit (3) [] City/Municipality/Town/Village (4) [] County (5) [] State (6) [] Other (specify): 5. Federal Tax ID Number (Nine Di,qit Number). VF..5 9:6_0_0_0~_.58 6. EMS License Number: 0 0 2 34 0Type: D(Transport []Non-transport []Both 7. Number of permitted vehicles by type: BLS 31.ALS Transpod 8 ALS non-transport. 8. Type of Service (check one): []Rescue E]Fire ~'Third Service (County or City Government, nonfire) E]Air ambulance: [--']Fixed wing []Rotowing E]Both E}Other (specify). 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuin.q EMS education in this project. [No signature is needed if medical equipment and professional E~ education~,~_¢.,~.8~ot.:i.n this project.] Print/Type: Name of Director '~-.¢ '"~,~--.- FL Med. Lic. No. HE OO3o$q / Note: All organizations that are not.. lice,-~ed EMS providers must obtain the signature of the medical director of the licensed EMS proviour responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuing EMS education. t Number 14. Otherwise, proceed to Item 10 and the following items. If your activity is a research or evaluation project, omit Items 10, 11,12, 13, and skip to Item 10. Justification Summary: Provide on no more than three one sided, double spaced pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); B) Present situation (Describe how the situation is being handled now); C) The proposed solution (Present your proposed solution); D) Consequences if not funded (Explain what will happen if this project is not funded); E) The geographic area to be addressed (Provide a narrative description of the geographic area); F) The proposed time frames (Provide a list of the time frame(s) for completing this project); G) Data Sources (Provide a complete description of data source(s) you cite); H) Statement attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what you've done on other grant projects under this grant program). DH Form 1767, Rev. 2002 DEC 0 2 2:003 10. Justification Summary: (A) Problem Description: Collier County EMS provides service to a large geographic area that is diverse in many ways. The infrequency of encounters with pediatric patients in distress mandates simulation training for this special group of patients. The average paramedic in our EMS System has not performed an intubation or started an intraosseous line on an infant patient. Therefore, simulation training on a mannequin is essentially the only trial of realism that is possible. The problem with pediatric patients is that their signs and symptoms are so different from adult patients. Infants and children react differently to insults to their systems. The signs and symptoms of serious problems are much more subtle and require keen assessment skills and decision making capabilities. Simulation training is a necessity because of the infrequency of pediatric calls within our system: 5.74%. It will reduce the possibility of medical errors by providing encounters in a controlled situation. Paramedics must continually train to improve and enhance their skills' and knowledge. The SimBaby will ensure that all paramedic personnel have additional superior training, allowing them to be better prepared to handle infants and children in emergencies. (B) Present Situation: Presently, paramedics train on procedures only, using task trainers in the lab. No assessment is involved in performing a skill. Training involves only performing a task on a plastic, unrealistic body part. (C) Proposed Solution: The solution to this insufficiency in training paramedics is to provide a completely interactive mannequin, SimBaby. SimBaby is a realistic lifelike mannequin that can simulate a severe allergic reaction, cardiac arrest, seizures, drug overdose, and throat closures to train paramedics for a variety of critical scenarios. SimBaby cries, pulls its arm away when an IV is iriserted, gasps and makes heart, lung and bowel sounds. This state of the art training that SimBaby will provide, will better prepare our paramedics for critical incidents with babies and children. Assessment, sequencing of critical decisions and interventions such as intubations, IV, IO and medication administrations can be made in exactly the manner in which they would be performed in the field on a real infant. (D) Consequences if not funded: If not funded, the only practice received will be through task training without a mannequin. Paramedics would encounter the real infant in the field for the first time without benefit of whole simulation under the best conditions in the training lab. Simulation reduces medical error. I ne 5cattle 'l'~mes: This baby's born to save lives Page 1 of 2 seattIetimes.com Wednesday, June 25, 2003, 12:00 a.m. Pacific Permission to reprint or copy this article/photo must be obtained from The Seattle Times. Call 206-464-3113 or e-mail resale @seattletimes.com with your request. This baby's born to save lives By Julia Sommerfeld Seattle Times staff reporter Nurse Paivi Cherkas swabbed the skin and inserted a needle into a fragile vein of the tiny body. Dr. Daniel Rubens snaked a tube over the baby's bobbing tongue and through its vocal cords and then smiled when it starting breathing. The medical team didn't save a baby's life. But it is helping to create a device that could save many. Children's Hospital & Regional Medical Center in Seattle helped develop the prototype of SimBaby, a simulator that mimics the symptoms and responses of a 3-month-old. The mannequin can simulate a severe allergic reaction, cardiac arrest, seizures, drag overdose and throat closure to train medical students, nurses and emergency-medical technicians for a variety of critical scenarios. "In the past, we were teaching mostly out of textbooks, but now we're looking at tools that are highly interactive," said Rubens, a pediatric anesthesiologist at Children's Hospital. Norwegian medical company Laerdal came to the hospital last year with a featureless mannequin and asked pediatric specialists which characteristics they would like on an infant simulator. Based on those requests they developed a prototype and returned to Seattle this week for feedback. At first glance, SimBaby looks like a doll. That's Rubens' biggest complaint. He asked Laerdal to add more lifelike facial and skull features. But within the mannequin's shell, machinery controlled by a laptop computer creates a realistic pulse, causes the chest to rise and fall with breaths that exhale carbon dioxide, swells the tongue and triggers spasms in the vocal chords. It cries, pulls its arm away when an IV is inserted, gasps and makes heart, lung and bowel sounds. Medical staff members have long trained with simulated patients. Laerdal's adult version, SimMan, is used by students at the University of Washington School of Medicine. But this is the first interactive infant simulator, said Geir Berglyd, manager of training and education for the company. "Babies are an area a lot of medical People feel uncomfortable with because they don't come across them commonly," said Rubens, a UW assistant professor of anesthesia. Yesterday, the hospital held a "mock code," a training drill in which they sent doctors and nurses running to resuscitate the SimBaby. "It allows us to practice our skills of interaction inla chief nursing edUcator Nancy Sartor. http://seattletimes.nwsource.conffcgi-bin/PrintStory.pl ?document_id= 135076187&zsecti~9~~. _. The Seattle Times: This baby's bom to save lives Page 2 of 2 SimBaby will next be tested at two other U.S. sites, the University of Florida in Jacksonville and Children's Hospital of Pittsburgh. Then it will head back to Norway, where the company will add requested features and fine-tune it. For instance, Children's doctors requested that its tongue be made thicker and that its lips turn blue when it stops breathing. They also would like the baby, which is gendefless, to be given genitalia so nurses can practice catheterizing a newborn. Rubens said Children's will be first in line to get a SimBaby next year, when Laerdal expects it to hit the market. A price hasn't been set, but SimMan costs about $30,000. Julia Sommerfeld: 206-464-2708 or jsommerfeld@seattletimes, com Copyright © 2003 The Seattle Times Company LAgend~ D E£ 0 :? 2003 http :Msemtlcfi mcs.nwsoarce.co~c~J-bi~dntS to..pi ?document_id= 135026 i 82 &zscctio... 11/12/2003 (E) Geographic Area Being Addressed: The entire response area of Collier County (2,032 square miles) and our mutual aid areas of Lee, Dade, Boward, Monroe and Hendry Counties. Collier County Emergency Medical Services Paramedics as well as Firefighters and Firefighter-Paramedics train at our Training Division monthly. (F) Proposed Time Frame: Once grants funds received: 2 months: Place order for SimBaby. 34 months: Training Division to be trained on equipment. 4 months: Implement training. (G) Data Sources: Attached is the data compiled from the Collier County EMS database. Collier County Emergency Medical Services answered 1,574 pediatric calls from October 1, 2002 thru September 30, 2003. We had 9 intubations, 177 IV's and 6 Inraosseous lines. The decisions to use these interventions are as much an issue as the successful attempt. Full body simulation is a key factor to providing the training for addressing this problem. (See attached) (H) Previous State Grant: Collier County Emergency Services attests that this proposal is not a duplicate of any previous local, state, or federal grant award. 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Read all three and then select and complete the one that pertains the most to the precedin~'-Justification Summary. 11. Outcome For Proiects That Provide or Effect Direct Services To Emerqency Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, and benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double-spaced pages for your response. Include the following. A) Quantify what the situation has been in the most recent 12 months for which you have d~ia (include the dates). The strongest data will include numbers of deaths and injuries during this time. B) In the 12 months after this project's resources are on-line, estimate what the numbers you provided under the preceding "(A)" should become. C) Justify and explain how you derived the numbers in (A) and (B), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Outcome For Traininq Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double-spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period for which you have data (include the dates). B) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training and project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two additional one sided, double- spaced pages for your response. Include the following. A) What has the situation been in the most recent 12 months for which you have data (include the dates)? B) What will the situation be in the 12 months after the project services are on-line? C) Explain the derivation of all numbers. D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 DEC 0 2 2003 12. Outcome for Training Projects: Utilizing grant funds, Collier County Emergency Medical Services will purchase the SimBaby and implement it in our on going training programs. Improves Documentation: SimBaby documents and assesses each simulation. Creating more life-like dynamic representations of real-world critical situations. Enhancing and preparing each Paramedic for real world emergency critical situations, they may encounter. Improves and Enhances Cognitive Knowledge and Skills: A total 124 Paramedics will receive training on the SimBaby. (A) How Many People Received the Training in Previous 12 Months: As Collier County currently lacks a simulated infant/child, no personnel have completed this training program. (B) How Many People Will Successfully Complete the Training in 12 Months: Utilizing the SimBaby for simulation infant/child training, 124 Paramedics will successfully complete training within 12 months. Including, 80 Firefighter-Paramedics from local Fire Departments that we have a current memorandum of understanding with. Each Paramedic's training will be documented and tracked for their progress. (C) Impact on Injuries, deaths, or o. ther victim Data: According to the U.S. Census Bureau, our current pediatric population is 57,715. Our call volume for pediatric patients was 1,574. We are in immense need of simulation training to better prepare Collier County Emergency Services for pediatric patients. With the data received from the U.S. Census, our pediatric population is approximately 21% our population. Pediatric patients account for a mere 5.74% of our emergency incidents. Simulation training is the only resource to adequately prepare each paramedic in advance. DEC 0 2 2003 (D) Explain all figures: All figures are based on actual Collier County Run Reports and information from the U.S. Census Bureau. (E) Integration in Department's Five-Year Plan: Collier County Emergency Medical Services provides advanced life support care to a steadily growing community. According to the U.S. Census Bureau Collier County is growing at a rate of approximately 10,000 per year. To meet the growing needs of the citizens, Collier County Emergency Medical Services projects two additional stations. The Training Division desires to provide a consistent quality emergency medical training program. This grant proposal solves many concerns of a growing department by providing a simulated infant to provide the necessary and needed training to improve and enhance the knowledge and skills of each EMT/Paramedic in a consistent and systematic manner. DEC 0 2 200t lqonda County Population Estimates: April 1, 2000 to July 1, 2002 Page 1 of 3 D o p u J a t i o n e s t i m a t e census > population estimates > counties > .CO-EST2002-01 I text menu county table Florida County Population Estimates: April 1, 2000 to July 1, 2002 April 1, 2000 Population 3'uly 1, 2002 July 1, 2001 July 1, 2000 Estimates Census 2000 County State Population Population Population Base Population Florida 16,713,149, 16,373,330 16,051,395: 15,982,400 15,982,378 Alachua Florida 222,254 220,344 218,301 217,955 217,955 Baker Florida 22,793 22,609 22,388 22,259 22,259 Bay Florida 151,901 149,683 148,244 148,217 148,217 Bradford Florida 26,297 25,982 26,081 26,088 26,088 ' Brevard Florida 495,576 486,405 477,853 476,230 476,230 Broward Florida 1,709,118 1,673,176 1,632,951 1,623,018 1,623,018 Calhoun Florida 12,567 12,745 13,045 13,017 13,017 Charlotte Florida 148,678 145,463 142,263 141,627 141,627 Citrus Florida 123,685 121,289 118,633 118,085 118,085 Clay Florida 152,093 146,113 141,681 140,814 140,814 Collier Florida 276,691 265,101 254,213 251,377 251,377 Columbia Florida 58,028 57,465 56,750 ' 56,513 56,513 DeSoto Florida 32,819 32,886 32,310 32,209 32,209 Dixie Florida 14,0631 13,841 13,825 13,827 13,827 Duval ! Florida 806,120 792,719 779,752 778,879 778,879 Escambia Florida 297,272 296,667 294,299 294,410 294,410 Flagler Florida 57,377 53,658 50,574 49,832 49,832 Franklin Florida 10,069 9,908 9,837 9,829 11,057 Gadsden Florida 45,279 45,262 45,050 45,087 45,087 Gilchrist Florida 14,720 14,615 14,546 14,437 14,437 Glades Florida 10,786 10,724 10,609 10,576 10,576: Gulf Florida 14,789 14,658 14,598 14,560 13,332 Hamilton Florida 13,710 13,742 - 13,334 13,327 13,327 Hardee Florida 27,333 26,886 26,927 26,938 26,938 Hendry Florida 36,891 36,699 36,372 36,210 36,210 Hernando Florida 138,470 134,546 131,491 130,802 130,802 Highlands Florida 89,952 88,616 87,453 87,366 87,366 Hillsborough Florida 1,053,864 1,027,369 1,003,280 998,948 998,948 Holmes Florida 18,628 18,635 18,5341 18,564 18,564 Indian River Florida 118,007 i 115,414 113,370 112,947' 112,947 Jackson Florida 46,408 46,260 46,766 46,755 46,755 Jefferson Florida 13,695 13,403 12,915 12,902 12,902 Lafayette Florida 7,009 7,177 7,061 7,022 7,022 Lake Florida 233,835 223,610 212,842 210,527 Lee Florida 475,639 459,157 443,840 440,888 DEC 0 52003 Pg. http://eire.census.g~v/p~pest/data/c~unties/tab~es/C~EST2~2/C~EST2~2~ ~ ~ 2.~3h~ 11/17/2003 Laerdal Sii Man'- Universal Patient Simulator Collier County EM S 3301 Tamiami Trail East, Bldg -H Naples, FL 34112 Attention: Lugene Hamilton November 11, 2003 IVe are pleased to provide you ~qtlt the following quotation; Oty. Catalog # Description; Price/unit Extended lea. 3800XX £aerdalSimBaby $30,000.00 $30,000.00 Pediatric Patient Simulator; Includes- CD / ROM Sofware, Patient Monitor, Link box with cables, defib adapters, airway lubricant, IV arm BP arm, I0 leg, clothing article, directions for use & Laerdal One Year Warranty, lnservice / Education / Training I ea. 110 V Compressor * (Regulator for fixed air supply also available) included Total; $30,000.00 Optional Accessories; * 381220 Regulator for "Fixed Air" $ 3814XX Nursing Wound Modules 3815XX Trauma Modules 381800 Portability Kit TSV 1000 Video Equipment Package 381600 Transportation Cases SIMPC Dell Laptop Computer 490.00/ea. 1,360.00/set 1,360.00/set 990.00/ea. 4,985.00/pkg. 1,020.00/ea. 3,250.00/ea. Quoted by; Mary Dupree - Account Executive- Training & Education 1 (800) 648-1851, Ext.2689 John Hawkins - Territory Manager - Training & Education I (800) 648-1851, ext 247 Shipping; $147.00 Quote Expires; 90 Days Terms; Net 30 Days Federal ID # 13-2587752 Note; above pricing does not include sales tax, where applicable sales tax will be added to your order. I. acrdal :Xf,.'di~d Co;pora,qon. 167 .klvers Come,ts Road, Ili'ttTffngcrs Fall¥, ~M Y 125 Agenda_ i~m DEC 0 003 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Place order for SimBaby Training Division to be trained on equipment Implement Training Number of Months After Grant Starts Begin End 2 months 3 months 3-4 months 4 ~months 4 months 12 months 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspertt c~ounty grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. The ~ntir~ ~lli~r Countv for the following: Gran~~ a~[l~Ca~tibn~ [s~ being used EMS equipment Any funds taken from the aforementioned would mean discontinuing those projects. DHForm1767, Rev. 2002 DEC 0 2 2003 Vehicles, equipment, a~d other Costs: List the price Justification: State why each of the items operating capital out~ay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source{s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and the normal expected life of which is 1 year or more. SimBaby $30,000 Training Regulator $ 490 For Simulations Nursing Wound Modu!~s$ 1,360 " " Trauma Modules $ 1,360 ~ortability Kit $ 990 " " Video Equip. Package $4,985 ,, . Tr~nporh Case $1 , 020 For transporting/Storage Deli. Laptop Computer $3,250 Necessary for operation TOTAL~ $ 40,602.50 State Amount ..... : (Check applicable program) E~ Matching: 75 Percent $ 30,451.50 [] Rural: 90 Percent $ Local Match Amount (Check .app cab e program) ~]Matching: 25 Percent $ 10,151.00 [] Rural: 10 Percent $ Grand Total $ 40,602.50 DH Form 1767, Rev. 2002 19. Certification: My signature below certifies the following. am aware that any omissions, falsifications, misstatements, or misrepresentations in this ~pplication may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. agree that any and all information submitted in this application will become a public document ~ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes 'naterial which the applicant might consider to be confidential or a trade secret. Any claim of ;onfidentiality is waived by the applicant upon submission of this application pursuant to Section 19.07,F.S., effective after opening by the Florida Bureau of EMS. accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to 'eject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be. advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is aublished I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this grant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the ~bove and also accept the attached grant terms and conditions and acknowledge this by signing ~)elow. Signature of Authorized Grant Signer (Individual Identified in Item 2) :)H Form 1767, Rev. June 2002 / / MM/DD/YY 10 Agend~ ,~ ~,e~ DEC 0 2 2003 - FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with.the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of )re-hospital EMS. [:)OH Remit Payment To: Name of Agency:ch 1 Mailing Address: 3301 Tamiami Trail East Buildinq H NapleR: Flor~d~ q4112 Federal Identification Number VF59-6000558 Authorized Agency official: Signature Date Tom Henninq, Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program. --4052 Bald Cypress Why, Bin-C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Approved By: Signature of EMS Grant Officer State Fiscal Year: Orqanization Code 64-25-60-00-000 Federal Tax ID: Grant Beginning Date: E.O. OCA Object Code N N2000 7 VF Grant Ending Date: Grant ID Code: Date DH Form 1767P, Rev. June 2002 11 EXECUTIVE SUMMARY APPROVAL TO PURCHASE VEHICLES AND EQUIPMENT FROM BID #03-11-0825 AND BID #03-04-0828 AS COORDINATED BY THE FLORIDA SHERIFFS ASSOCIATION, THE FLORIDA ASSOCIATION OF COUNTIES, AND THE FLORIDA FIRE CHIEFS' ASSOCIATION. OBJECTIVE: Obtain Board approval to purchase vehicles and equipment from Bid #03-11- 0825 and Bid #03-04-0828 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chief's Association, when in the best interests of the County. CONSIDERATION: The above named associations award a consolidated State-wide bid for vehicles and equipment annually for use by State of Florida govermnental entities. The bid is commonly known as the "Sheriffs Association Bid". Manufacturers normally give substantial fleet price concessions on this bid. Sometimes vendors on local County contracts can attain or better these concessions, and sometimes they cannot. When the Sheriffs Association Bid prices are significantly less than local bids, the best interests of the County are served by purchasing vehicles and equipment from the Sheriffs Association Bid. An example is a Ford Freestar Van that is priced at $17,437.00 in the Sheriffs Association Bid and $19,948.00 in the County's local Fleet Vehicles Bid #00-3091. This $2,511.00 diffcrence warrants purchase from the Sheriffs Association Bid. The County Fleet Vehicles Bid permits purchases from other bids if it serves the best interests of the County. FISCAL IMPACT: Capital funds are budgeted for vehicles and equipment in various Cost Centers at projected costs. Purchases from the Sheriffs Association Bid will be made within the confines of those approved capital budgets on a case-by-case basis. Current known recommended purchases are from Fund 001-443010 for two vehicles at a cost of $30,407.00. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. RECOMMENDATION: That the Board of County Commissions approve purchase of vehicles and equipment from Bid #03-11-0825 and Bid #03-04-0828 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chief's Association, when in the best interests of the County. SUBMITTED BY: Date: Dan' . C t, FleeyManagement Director REV[EWEDBY: ~_~ (--~.~ Date: S~-eeve ~arnell,~urchasing' Director- APPROVED BY: Len Golc0n Price, Administrative Services Administrator AGEIDS)A ITEMm DEC O 2 200t EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP NO. 03-3551, A CONTRACT FOR CELLULAR COMMUNICATIONS SERVICES AND EQUIPMENT (ESTMATED VALUE $280,000.00) OBJECTIVE: To award RFP No. 03-3551, a contract for Cellular Communications Services and Equipment, to be used by various County Departments to communicate on an as-needed basis (estimated value, $280,000.00). CONSIDERATION: The Purchasing Department is responsible for the placement of various types of communications services agreements for staff to utilize when traveling outside of the County, as well as assisting them in performing their function in an expedient manner. On July 11, 2003, a formal request for proposals was posted in the lobby of the Purchasing Building and distributed to thirty-seven (37) firms that provide these services. On A. ugust 8, 2003, proposals from six (6) firms were received. A Selection Committee meeting was held on September 12, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the following firms were considered best qualified to provide these services to the County and are in no particular order. · AT&T Wireless · Nextel Communication · Verizon Wireless FISCAL IMPACT: The funds for this contract are located in the using departments' cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award RFP No. 03-3551 for Cellular Communications Services and Equipment to AT&T Wireless, Nextel Communications and Verizon Wireless and further authorize the chairman to sign the standard County Attorney approved contract. SUBMITTED BY: _ Date: Scott D. Johnson, Purchasing Agent Purchasing Department REVIEWED BY: Purchasing Department Date: fl- t 7 - 03 APPROVED BY: Len Golde(/Price~ Administrator Administrative Services Division Date: DEC 0 2 2003 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Pre-Legislative Delegation Luncheon Public Purpose: The EDC hosts the Collier County Legislative Delegation and gives EDC Foundations for the Future & Trustee Members, County Commissioners and guests an opportunity to receive a preview of the 2004 Legislative Session, as well as wrap up from the recent Special Session. Guests will have an opportunity to interact with the panel and ask questions about legislation related to economic development, growth management, workf'orce development, transportation, and issues. Date of Function / Event: November 25, 2003 Amount to be paid by the County: $35.00 Mileage: N/A ^C [Nr)A rr.g 4 No. I(-,, ( H) I B 2 201}3 / Jim Coletta, Commissioner District 5 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, enviromental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Cmnmissioner ttenning hereby requests that the Board of County Commissioners approve tbr payment by the Clerk his/her attendance at the following function / event: Function / Event: EDC Trustee Pre Legislative Luncheon Public Purpose: To interact with local EDC Members and Legislators Date of Function / Event: November 25th, 2003 Amount to be paid by the County: $25.00 Trustee Pre-Legislative Delegation Luncheon Response Form $25 EDC members · $35 rfi~n-meml3~ Tuesday, November 25~.2003' 11:30 a.m. - Re~strafi0~.~,:~ 12:00 noon - 1:30 p.m. ~. ~6~am Tiburon Go~;~lub Complete this form and return by Friday, November 21 to: Mail: Economic Development Council of Collier County 3050 N. Horseshoe Drive, #120, Naples, FL 34104 Fax: (239) 263-6021 o Phone: (239) 263-8989 E-mail: edc@eNaplesFlorida.com On-line: http: / / www.enaplesflorida.com / events / viewevents-php3 Name(s) of Attendees: Company Name: Phone Number: Method of Payment: Amount: $ Account Number: Expiration Date: Signature: Check CI Credit Card (Visa or MC) (choose one) $25 EDC Members $35 non-members Platinum Sponsors WCI COMMUNITIES, IN~. Sprint. Gold Sponsors Cleveland Clinic Collier Enterprises Grant, Fridkin, Pearson, Athan & Crown P.A. The. Lutgert Companies [~C - 2 2U03 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 2, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: Tuscany Reserve Community Development District - Fiscal Year 2004 Meeting Dates. B. Minutes: Community Character/Smart Growth Advisory Committee - Agendas for June 18, 2003, August 6, 2003, August 27, 2003, September 10, 2003 and September 24, 2003; Minutes of June 18, 2003, August 6, 2003, August 27, 2003, September 10, 2003 and September 24, 2003. Collier County Airport Authority - Agenda for October 13, 2003; Minutes of September 8, 2003. Black Affairs Advisory Board - Minutes for January 27, 2003; February 24, 2003; March 17, 2003; April 21,2003. Collier County Contractor's Licensing Board - Agenda for October 15, 2003. Historical & Archaeological Preservation Board - Agenda for October 15, 2003; Minutes of September 17, 2003. Development Services Advisory Committee - Minutes for September 3, 2003 and October 1, 2003. Revenue Commission Advisory Committee - Minutes for August 13, 2003 and September 10, 2003. Radio Road Beautification M.S.T.U. - Agenda for October 24, 2003Minutes for September 16, 2003. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for October 22, 2003; Minutes for September 17, 2003. 10. H:Data/Format Parks and Recreation Advisory Board - Agenda for October 15, 2003; Minutes of September 17, 2003. 11. 12. 13. 14. 15. 16. Conservation Collier - Agenda for October 20, 2003; Minutes of September 8, 2003. Enterprise Zone Development Agency - Minutes of July 23, 2003, Draft Minutes of September 24, 2003. Pelican Bay Services Division - Budget Sub-Committee - Agenda for October 8, 2003, Minutes of September 10, 2003. Collier County Affordable Housing Commission - Agendas for January 16, 2003, April 17, 2003, May 15, 2003, June 19, 2003, August 15, 2003, September 19, 2003; Minutes for February 20, 2003; March 20, 2003; April 17, 2003, May 15, 2003, and August 15, 2003. Collier County Library Advisory Board - Agenda for October 1,2003; Minutes of August 20, 2003. Collier County Planning Commis'sion - Agenda for October 16, 2003 and October 23, 2003 H:DataJFormat DEC - 2 2003 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 174 IN THE LAWSUIT STYLED COLLIER COUNTY V. MICHAEL S. COMBS, ET AL, 1MMOKALEE ROAD PROJECT NO. 60018. OB,FECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 174 for the Immokalee Road project in the lawsuit styled Collier County v. Michael S. Combs, et al., Case No. 03-2135-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 174 for the Immokalee Road project (Project No. 60018). On September 16, 2002, the County deposited its good faith estimate of $9100.00 into the Court Registry for Parcel 174 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $14,273.00 to be paid to Respondent, Michael S. Combs, as full compensation for the property rights taken as to Parcel 174; $1311.09 to be paid to Kenneth A. Jones, Esquire for attorney fees; and $900.00 for appraisal fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. s ISCAL IMPACT: Funds in the amount of $7384.09 are available from the Transportation upported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. SUBMITYED BY: Heidi F. Ashton, Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~ vi ~-H~"~'~ks, ROWk'~ition Transportation/ECM/ROW Transportation/ECM / Norr~ Feder, Administrator TranSportation Division Manager David C. Weigel, County Attorney Date: Date: Date: Date: A~DA r~EM NO..i&~ [ P? 0 2 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, MICHAEL S. COMBS, et al., Respondents. Case No.: 02-2135-CA Parcel No.: 174 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, MICHAEL S. COMBS, by and through his undersigned counsel, Kenneth A. Jones, Esq., for entry ora Stipulated Final Judgment as to Parcel No. 174, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, MICHAEL S. COMBS, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, MICHAEL S. COMBS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fourteen Thousand Two Hundred Seventy-three and No/100 Dollars ($14,273.00) for Parcel No. 174 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parc~ 1;_k k fimhe~- ...... AGENDA ITEM DEC 2 2003 Pg. 3 ORDERED that Respondent, MICHAEL S. COMBS, receive from petitioner as a statutory attorney fee the sum of One Thousand Three Hundred Eleven and 09/100 Dollars ($1,311.09), pursuant to Section 73.092, Florida Statutes; it is further ORDERED that Respondent, MICHAEL S. COMBS, receive from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable appraiser's fee the sum of Nine Hundred and No/100 Dollars ($900.00). Except as provided herein, no further expert or professional fees of any kind shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 174; it is further ORDERED that the Court reserves jurisdiction to consider additional costs for planning expert fees upon l~roper motion by Respondent; it is further ORDERED that the Petitioner shall pay the total amount of Six Thousand Seventy-three and No/100 Dollars ($6,073.00) to ROETZEL & ANDRESS TRUST ACCOUNT c/o Kenneth A. Jones, Esquire, 2320 First Street, Suite 1000, Fort Myers, FL 33901, equaling the balance of full compensation and planning fees; it is further ORDERED that the Petitioner shall pay the total amount of One Thousand Three Hundred Eleven and 09/100 Dollars ($1,311.09) to KENNETH A. JONES, ESQUIRE, Roetzel & Andress, 2320 First Street, Suite '1000, Fort Myers, FL 33901, for attorney's fees pursuant to Section 73.092, Florida Statutes; it is further ORDERED that title to Parcel No. 174, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further 2 AGENDA ITEM DEC I; 2 2003 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3047, Page 0538 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 174; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2003. Conformed copies to: Heidi F. Ashton, Assistant County Attorney Kenneth A. Jones, Esq. E. Glenn Tucker, Esq. Lawrence Martin Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 174. Dated: . ] /.2 D /,'.b ~ KEN~J[.H A. JONES, ESQUIRE Florid~Bhr No.: 0200158 ROE~ZEL & ANDRESS 2320'First Street, Suite 1000 Fort Myers, Florida 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENT Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 -Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM, NO. ~ DE, [ 2 2003 2-- 0 "~'~38.00 -- '~ ~--c t L_ 1~ Fhl~ SIMPLE INTEREST N o 5o 1aa 2OO Notes: 1. This is not. a survey. 2. Basis of bearing Is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description,. ^ portion of Tract 5.1, Go!den Gate Estates, Unit 23, according to the plat thereof as recorded In Plat Book 7, Page g , Collier County, Florida, being more particularly described Ge follows: Beginning at the Northwesterly Corner of said Tract 53, said point being the beginning of a curve, concave Northerly, having o radius of 5..334.46 feet and a central angle of 05'57'55"; thence run Easterly. along the arc of said curve to the left, having a radius of 5,534.46 feet, through a central angle of 03'37'55", subtended by a chord of 338.06 feet at a bearing of North 77'45'52" East, for an arc length of .358.14 feet to the end of said curve, and the Northeasterly Corner of said Tract 5,3; thence South 00'19'10" West, along the Eostedy Boundary of said Tract 53, for a distance of 46.34 feet to a point on a circular curve, concave Northerly, whose radius point bears North 17'5,3'12" West, a distance of 4,390.18 feet therefrom: thence run Westerly, along the arc of sold curve to the right, having a rodlue of 4,3g0.18 feet, through a central angle of 00'51'24", subtended by o chord of 40.09 feet at a bearing of South 72'22'50' West, for on arc length of 40.09 feet to the end of sold curve: thence South 00'19'10" West, o distance of 15.07 feet, to o point on a circular curve, concave Northerly, whose radius point bears North 17'18'15" West, a distance of 4,405.18 feet therefrom; thence run Westerly, along the arc of sold curve to the right, having o radius of 4,405.18 feet, through o central angle of 0,3'55'36", subtsnded by a chord of ,301.85 feet at a bearing of South 74'39'33" West, for an arc length of 30t.89 feet to'the end of said curve; thence North 00'19'10' East, along the Westerly Boundary of sold Tract 53, for a distance of 78.01 feet. to the POINT OF BEGINNING; Containing 0,519 acres, more or less. JSCAL~ AS NOTED DATE . 'AL!:! j.. i'~,'" '. NOT V~D ~T ~ ~ONX~RE AND mE ORI~N~ RAI~ ~L ~ A ~ORIDA U~N~ SUR~YOR A~D SKETCH AND DESCRIP~ON ~~ WILKISON ~ ~SOCIATES m m INC. ~ ENGINEERS, SURV~ORS AND P~NNERS 350~ EXC~NGE AVE. NAPLES F~. 34104 FLORIDA BUSINESS LICENSE NO, LB5770 OGE 23 0014.1 , LAW O0-018-O00.DWO SHEET FB PO CHECKED By DWG. NO. 1 OF 1 DJH AGENDA ri'EM NO. Ibk'; ' I DEC [ 2 2003 EXECUTIVE SUMMARY APPROVE TERMINATION OF AGREEMENT BETWEEN AEC NATIONAL, INC. AND COLLIER COUNTY AND DECLARE A VALID PUBLIC EMERGENCY AND WAIVE 'THE COMPETITIVE SELECTION PROCESS FOR RETENTION OF REPLACEMENT CONSULTANTS OBJECTIVE: To obtain Board approval of termination of contract no. 98-2867 (Design Professional Services Agreement-Naples Jail Center) between AEC National, Inc. and Collier County and to declare a valid public emergency. CONSIDERATION: AEC National, Inc. (hereinafter "AEC"), has been notified that it is in default in excess of $100,000.00 to the Bank of Naples. As part of the security tbr a loan from the bank, AEC pledged, among other things, its accounts receivable for work done pursuant to the above- referenced contract. It has no other assets. County staff met with AEC to receive assurance that it would be able to complete the work under the contract if its payments from the County were seized under a writ of attachment. It has indicated that it would not be able to do so. As a result, since the Bank of Naples appears to have a valid claim against the company, it would be in the best interest of the county to terminate the contract for cause as soon as possible. On November 19, 2003, a letter was sent to AEC giving it notice of termination, subject to approval by the Collier County Board of County Commissioners. A copy of this notice is attached hereto as Exhibit "A". Upon termination, the County will have to locate replacement consultants as soon as possible because the construction under AEC's design has already begun. To date, all addendums to the contract have been paid in full except Addendum No. 4, Contract No. 98-2867. Addendum no. 4 consists of the following work: The Naples Jail Addition, Parking Garage, Chiller Plant Addition and Jail Renovations. The balance remaining to be paid is $379,056.83. A declaration of valid public emergency needs to occur because delay will result in unnecessary and possibly substantial economic loss to the County. Pursuant to the emergency declaration, staff is recommending that the formally waive the requirements of subsections 2 and 3 under Section 287.055, F.S. After such declaration is made, County staff will be able to secure replacement consultants expediously. Staff xvill come back to the Board for approval of the new contract at a subsequent meeting. FISCAL IMPACT: It is anticipated that additional county funds will be required to complete the project. GROWTH MANAGEMENT: There is no impact. AGENDA ITEM DEC 0 2 2003 RECOMMENDATION: That the Board of County Commissioners approve the termination of the contract with AEC, declare a valid public emergency and authorize staff to negotiate an agreement with a successor entity to assume the provision of the services pending under the current agreement. Prepared by: sqUe~ne HubbaYd'Robins~on, istant County Attorney Reviewed by: Steve Carnell, Ft~rchasing Director ~ Date:_K[6'O. Z-qt D,,te: j-2 q _o3 Approved by: Sl~~p~ F~{ci~it'ie~ l(/l}m~gement Director · Date: COLLIER COUNTY DAVID C. WEIGEL COLLt~R COUNTY ATI'ORNEY 330'1 Tamiami Trail Easl Naples, Ftonda 34112-4902 Telephone: (239) 774-8400 FAX: (239) 7'74-0225 Via Federal Express Overnight Delivery and Facsimile Transmission (239) 261-3659 November 6, 2003 Heidi F. Ashton Jennifer A. Belpedio Ellen T. Chadwell Jeffrey A. Klatzkow William E. Mounfford Thomas C. Palmer Michael W. Pettit Jacquefine Hubbard Robinson Marjorie M. Student Scott R. Teach Patrick G. White Robert N. Zachary Robert G. Menzies, Esquire Roetzel & Andress 850 Parkshore Drive-Suite 300 Naples, Florida 34103-3587 Re: AEC National, Inc.-Notice of Default by Bank of Naples Dear Robert: This correspondence is written to request a meeting with you and your client, on November 17, 2003 at 9 a.m. at the Office of the County Attorney. Pursuant to Article 12, Section 12.1 of the contract between AEC National, Inc. and Collier County, the County is hereby requesting your client provide immediate assurance that under the current circumstances, it will be able to adequately perform the remainder of its contractual obligations. The Design Professional Services Agreement at issue, was initially entered into by Collier County with the V Group of Florida, and authorized by its Board of Directors on January 7, 1999. According to our records, AEC National, Inc. is currently completing the work under Amendment No. 4 to the original contract for the new Naples Jail Center. Approximately Three hundred-seventy-nine thousand, twenty-six dollars and eighty-three cents, ($379,026.83), of work remains to be done. It is our opinion that the remaining work is of a highly sensitive and important nature. Article 12, Section 12.1 reads as follows: Design Professional shall be considered in material default of this Agreement and such default wilt be considered cause for Owner to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided A~DA ITEM No. DEC 0 2 2003 Robert Menzies, Esquire November 6, 2003 Page Two hereunder or as directed by Owner, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by Design Professional or by any of Design Professional's principals, partners, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) otherwise materially breaches this Agreement. The Owner may so terminate this Agreement, in whole or in part, by giving the Design Professional seven (7) calendar days written notice. According to counsel for the Bank of Naples, your client is in default Of a secured loan under which there has been a "general assignment" for its benefit as a creditor. If true, this could result in your client being in default under the contract provision referred to above. In a effort to amiably resolve this matter, please be advised that the meeting on November 17, 2003 has been set in order to decide the most reasonable course of action for the County. It would be to everyone's benefit if you and your client are present. In preparation for this meeting our office is requesting that copies of the following documents be delivered to my attention, no later than November 13, 2003' 2. 3. 4. o A current financial statement with a balance sheet clearly indicating expenditures and income for the last twelve (12) months. A list of existing contracts for work by the firm and copies of each contract. Verification that the Architect of Record will be available to complete the Naples Jail Center Project. A list of all current subcontractors on the Naples Jail Center Project with work remaining, indicating the amount of payments remaining, a statement of no liens as to each of them, and the means by which they will be paid. Copies of the contracts relevant to paragraph 4 above. The manner in which the dispute with The Bank of Naples regarding the secured loan will be resolved and the expected date of resolution. The November 17, 2003 date has been selected because key employees of your client have indicated to County staff they will be available that day. It is anticipated that this meeting will only involve Collier County staff, you, and your client. It is respectfully requested that you give this matter your immediate attention. If you have any questions or wish to discuss this matter further, please do not hesitate to contact me. A C-.-~ND A ITF~ BEC 0 2 2003 pg. L.~ Robert Menzies, Esquire November 6, 2003 Page Three It is certainly hoped this matter can be amiably resolved. Sincerely yours, .[ac~. uelihe Hubbard-Robinson A'4sistant County Attorney JHR/rem CC: David C. Weigel, County Attorney Michael W. Pettit, Chief Assistant County Attorney Skip Camp, Director-Facilities Management Jim L. Mitchell, Director of Finance H:JHR,'AEC National Inc./Assurance Lcner-Menzies I I(X~03 DEC 0 2 2003 EXECUTIVE SUMMARY REQUEST BY WILLIAM L. MCDANIEL FOR A CONDITIONAL USE RE- REVIEW OF CU.-00-11, LONGAN LAKES EXCAVATION, FOR PROPERTY LOCATED AT 7000 BIG ISLAND RANCH ROAD , FURTHER DESCRIBED AS SECTION 25, TOWNSHIP 47 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board of Zoning Appeals to review staff's recommendations and make a determination in the community's interest to either agree to modify the current conditions and operations, leave unaffected the conditions and operations, or to reconsider the conditions and operations ofCU-2000-11 for an earth mining operation. CONSIDERATIONS: On January 23, 2001, the Board of Zoning Appeals approved CU-2000-11 for the expansion of an earth mining facility in the "A" zoning district at the Longan Lakes excavation site. The conditions associated with the approval of CU-2000-11 are attached to this executive summary as exhibit "D". Within the Conditions of Approval for the facility, Condition "7" requires that the earthmining operation shall be reviewed for compliance with the Conditions of Approval and applicable provisions of the Collier County Land Development Code on a biannual basis for the life of the operation. This petition is before the Board of Zoning Appeals to satisfy that original condition of approval. Mr. William L. McDaniel, President of Big Island Excavating, Inc., and the owner and operator of the Longan Lakes excavation site, has submitted a request for this two-year Conditional Use re-review; Staff has met with Mr. McDaniel and his engineer, Jeff Davidson, to review the performance of the excavation activities at Longan Lakes. In addition to this initial meeting, Mr. McDaniel was present during a July 7, 2003, on-site inspection of the excavation facility by the reviewing county staff. The on-site inspection was utilized to evaluate the site's compliance with the original Conditions of Approval. During the on-site inspection, staff found that the facility was deficient with regard to Condition "9" of the original approval. Condition "9" requires that, "A berm, planted with Bahia grass and a minimum of I O feet in height from natural ground elevation, shall be constructed along the western property line of the entire excavation prior to the commencement of the earthmining on the southern 102 acres." During the site inspection, it was discovered that the northern 500 feet of the western '~ 2003 -- property line was absent of the required berm. It was also discovered that the water pumps were not enclosed in protective housing as stipulated within Condition "7" of the original approval. The applicant had indicated that due to the need for mobility, this condition was difficult to satisfy. To reach a balance between the need to protect the neighboring properties from the noise of the water pumps and the flexibility needed within the applicants operation, this condition was modified to require the water pumps to be surrounded by an earthen berm. Condition "2" of the original approval was modified ibr consistency with the littoral zone requirements of the LDC, and Condition "7" was modified to continue the biannual review process stipulated under the original condition, but to require the review process to any time throughout the year, rater than a specific date. Mr. William L. McDaniel and staff have agreed to modify the conditions of the agreement to reflect the following: 1. (2) 7he required lake littoral zone shall be pursuan't to Section 3.5.7.2.5. of the Collier County Land Development Code. (7) This earthmining operation shall be reviewed for cotnpliance with the conditious of this Conditional Use and applicable provisions of the Collier Count), Land Development Code, by the Board of Zoning Appeals biannually (every odd numbered year)for the life of the operation unless such subsequent review(s) are waived by the Board of Zoning Appeals. 3. (8) Water pumps shall be muffled by earthen berrns. (9) A be~wt, planted with Bahia grass and a minimum of ten (10)feet in height from natural ground elevation, shall be constructed along the western property line of the e~tire excavation within six (6) months of apt)royal of the Conditional Use re-review. 5. (lO) These modifications shall be incorporated within the original Conditions of Approval attached to CU-2000- l 1 and shall be made part of the official record. FISCAL IMPACT: Approval of this Conditional Use re-review will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this Conditional Use re-review will have no effect on the Growth Management Plan. 2 DEC 0 2 2003 ENVIRONMENTAL ISSUES: Thc environmental issues were addressed in the original Conditional Use application review and approval. The approval of this Conditional Use re-review will create additional environmental issues. EAC RECOMMENDATION: The Environmental Advisory Board previously reviewed this petition for the original Conditional Use application. Their recommendations were added to the original conditions. The approval of this Conditional Use re-review will not adversely impact the previously approved conditions. CCPC RECOMMENDATION: The Collier County Planning Com~nission heard the original petition on November 16, 2000, and recommended its approval. The Collier County Planning Commission is not required to review a Conditional Use re-review. STAFF RECOMMI£NI)ATION: Staff recommends that thc BCC approve the attached Resolution for CUR-2003-AR- 4702, the Conditional Use re-review for CU-00-11, with the proposed amendments to the previously approved conditions. AOENDA DEC 0 2 2003 Pl._ ',~ PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY B~t. LOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND [.AND DEVELOPMENT REVIEW i0. Z8,- o3 DATE DEVELOPMENT REVIEW DATE APPROVED BY: )/O~EPH K. S~ZI(MIri'T '/ /CJDMMUNITY DEVELOPMENT & ENVIRONMENTAL (,.,CERVICES ADMINISTRATOR DATE CUR-2003-^R-4702 DEC 0 2 2003 Big Island Excavating, Inc. 7000 Big Island Ranch Road Naples, FL 34120-2454 Phone: 239-455-1218 Fax: 239-455-6635 September 3, 2003 Collier County Government Planning Services Department Attention: Mike Bosi 2800 Horseshoe Drive Naples, Florida 34104 Dear Mike Bosi, Please consider this application for the Conditional Use Re-review. check for $750.00 for Longan Lakes. If you have any questions, please do not hesitate to call. President Big Island Excavating, Inc. I have enclosed a C U R-2003-A R.-4702 PROJECT #2003090016 DATE: 915/03 MIKE BOSI ? DEC 0 2 2003 S.R 29 RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR TIlE CONFIRMATION OF THE PRiOR ESTABLISHMENT OF CONDITIONAL USE "1" IN THE RURAL AGRICULTURAL ZONING DISTRICT FOR AN EARTHMINING FACILITY WITH MOBILE HOME OVERLAY (A-MHO) PURUSANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TOGETHER WITH THE MODIFICATION OF THE STIPULATIONS GOVERNING THE OPERATION OF THE EARTHMIN1NG FACILITY LOCATED IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the legislature of the State of Florida in Chapter 6% 1246, Laws of Florida, and Chapter 125 Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WItEREAS, on January 11, 2000, the Board of Zoning Appeals of Collier County, Florida approved Resolution Number 2000-11 which established an earthmming facility conditional use (Conditional Use I of the Rural Agriculture Zoning District with Mobile Home Overlay (AHMO) pursuant Io Section 2.2.2.3. of the Land Development Code); and WHEREAS, Paragraph 7 of Exhibit "D" of said Resolution provides as follows: This earthmining operation shall be reviewed for compliance with the conditions of this Conditional Use and applicable provisions of the Collier County ~and Development Code, by the Board of Zoning Appeals biannually (every odd numbered year) for the life of the operation unless such subsequent review(s) are waived by the Board of Zoning Appeals. WHEREAS, Resolution Number 2000-11 remains in full force and effect; and WHEREAS, the Board of Zoning Appeals has conducted the review of the earthmining activity as required by the Resolution; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: BEg 0 7. 2003 P~' Exhibit "B' attached hereto and incorporated by reference herein be hereby confirmed as Conditional Use "1" of Seclion 2.2.2.3 of the Collier County Land Development Code in the Rural Agriculture with Mobile Home Overlay (A-MHO) for an earthmining facility and be permitted to continue operations as stipulated herein in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following modified conditions: Exhibit "D' which is attached hereto and incorporated by reference herein. 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 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie OI~. Student- Assistant County Attorney DOA-2003-AR-3911/RB/Io AGENDA ITEJvI DEC 0 2 2003 Aug 28 03 OS:3)a Board Hinute$ & Records 774-840B p.4 FINDINGBY OF FA~ COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR cu-2oooq t The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional tree. Granting the conditional use will not advemely affect the public interest and will not adversely affect other pwperty or uscs in the same district or neighborhood bccaus~ of: Consistency with the Land D~velopment Code and Growth Management Plan: Yes c.-"' No B. Ingress and egress m property and proposed structures thereon with particular reference to automotive and pedesWian safety and convenicnc~, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes , b,// No~ C. Afl. ts n~ighboring pmp~es in relation to noise., glare. ~m. on~ 0r'tdor effects: L//No affect or~ Affect mitigated by ~ ~ Affect cannot be mitigated Compatibility with adjacent properties and other propexty in the district: Compatible use wi~in ~lstrict Y~ ~ No Based on the above find/ngs, th/s~ use should, with stipulations, (copy at'ached) (s~.~ -b~ re. commended fol~.approval~"} A~ . ~~~ CHAIRMAN-_ EXHmlT - DATE: DEC 0 2 2003 Pg.._ q.. MU~ gU U~ UO:dIa uoaro i~%nu~e~ m ~ecoros ~-u~uu Ru: 28 03 09:32a Board Hinutes & Records 774-8408 , ~ :E. STAI'~$ 47 PARCEL A TH[ HORTt~AST 1/4 0tr ~CllDN 25. T0v~ISHIP 47 SOUTH, RAN(;~ 27 F'AS1. COLL~R COUNTY. FLORIDA. THE EASI' 0~¢E-HALF ([ 1/2) OF THEE NORT'~iEA$I ONE-OUARIT. R (NEE 1/4) OF ll-IE NORTHEAST ON£-OUARTER. (NE 1/4) OF' NORIH£AST ONE-0UARIER (DIE I/4) OF SAID ~:C~ION 2f:~IFS~ 11.1[ NC)RIH rE[ET lr0R COUNTY ROAD 846; AND THE EAST C)NE-HALI~(E 1/2) 01r 11-4E SOUTHEAS! 0NE-0UARI'LrR (S~ 1/4) 0r THE NOR1HEAST ONE-QUA,qI[R (1t[ 1/4) OF THE NORTHERS! ONE-OUARTER (t~E 1/,~) OF SAgO SEC'nON 2~j/AND EAST ([E I/2) OF 1'HE NORTHEAST ON[E-QUARTER (NE 1/4) OF THE SO01HEAST ONE-QUARTER (S~ l/q) OF 1HE NORT~EAS1 ON[-QUARI'~R (NE t/4) OF PARCEL 8 COMM£NONG AT THE NORTHEAST COf~[EI~ OF' ~:CTION 2~. TO,SHIP 47 SOUTH. RANG~ 27 EAST. COLLIER COUNTY. FLORIDA. RUN NO~TH 89-22'~0" WES~ 332.65 FEET ALONG ~ NORTH LiNE OF ~AID S~C110N . 25. SA~D UNE N. SO B~JNG ~ CENTER UI~ OF C R. THENCE SOUI~H 00'09'10' V~ST 50.00 FEET 1'O THE ~J'll-I RI~'I-(~- WAY UN[ 0F C. R. 846 AND 1.HE p01HT OF B[C~NI'~NG; TI-~NC[ S(:~JTI'I 00'09'10' WEST 2,611.52 Ir[ET; TH[EI,,I(~ NORTH ~$~'24'40" ; WEST I...~4.60 F'E[T ALONG ~ EAST-W~:S1 1/4 LINE OF SAID ~[C110N 2~; THENCE NORTH 00'14'19' EAST 1.,331.26 FEE1.; 1HENCE SOU'IH 89'25'20' [EAST 55..~51 FEET; THENCE NORTH 00'12'14' EAST 1,2B1.09 FEET TO THE SND SOUTH RIGHT-OF-WAY ~ Ot" C. R. THENC~: Sou'n4 89'22'10' EAST 997.g7 FEET ALONG SAID RIGHI-0F-WAY LINE TO ~ POINT 0F i~:~NNING. AND PARCEl C TY~E WE<J1 ONE.-HALF (W 1/2) OF Tt4E N(~THEASI ON£--OUART[R (NE 1 /4,) 01r 114[ NORTHW~S1r 0N£-OUAI;~TER (NW 1/4) OF TH£ NOI~TH~AS1 ONE-- OUAR~ER (NE 1/4) OF S~CTION 25, LESS 1HE NORTH ~ FEE1 11~EREOF' LESS ~ SOUIH .50 F~ET 1HEREOF R~ FOR ROA0 LYING AND EI~NG IN I'OtM¢SHIP 47 SOUTH. I;IANG~ 27 EAST. COLL~;R COL~NTY. FLORtOA. ' PARCEL D THE WES1 C~E-HALF (W I/2) C~ 1t4E $(~JTHEAST ONE-QUARTER (S~ 1/4) OF 1t4E NORTHWE$~ O~E-OUARTER (NW ;/4) OF ~ NOI~THEAS! ONE- OUARTER (NEE 1/4) OF S~.'CT]ON 2~, 10WNSHLo 47 SOUTH. RANC[ 27 LESS THE NORTH ~ FEET THEREOF. R~SERVI~D FOR ROAO I:~JRPOSES. LAND LYING. D[iNG AND SITUATED ;N COLLIER COUNTY. FLORIDA. AND PARCEL E THE EASI ONE-HALF (E 1/2) OF 114E SOUtH[AS] ONE--QUARTER (S~. I/4) OF IHE SOUIH£AST ONE-OUARTER (S~' %/4) C~ THEE NORTHEAST C~- QUARTER (NE 1/4) OF SECTION 2.5. TOWI4SHIP 47 SOUTH, R,ed~lG[ 27 EAST. 'CC~LIER COUNTY. FLOR~DA. AND PARCEL F THE EAST ONE-HAL£ (Ell2) O~ THE SOUTH[AS1 ON[--QUARTL'R (SE 1/4) THEE NORTHWEST ON£-OUAR~R (NW 1/4) OF THE NORTHEAST 01~- QUARTER (NE I/4) OF SECT]ON :25, TOWNSHIP 47 SOUTH. ~ANGE 27 EAST. LESS THE NORTH .30 FE[ET THEREOF R[ESERVED FOR PURPOSES, BEING IN COLLIER COUNTY. FLORIDA. PARC[L G ~'~£ EAST. ONE-HALF (E' 1/2) 0~' 'mE NOR'mE,ST C~F_-QUA~TER (NE: 1/4:~ OF THE hlORTHWE$'I ONE-QUARTER (NW 1/4) OF THE ~THE~1 ~E- ~ARTER (HE ~/4) ~ SEC~ 25, TO~IP 47 ~,~~: ~SS THE N~ 50 ~ET ~EREOF ~D LE~ ~E ~ 30 ~T ~ERE~ RESER~D F~ ROAO ~R~ES. ALL ~N C~LI[R C~N~. FL~IOA. ; Exhfbit "B" ~ ~ · DEC 0 2 2003 .u~ ~u ud U~:dda uoaro ~nutes ~ ~ecoros Y-/~-~4uu p.-! ? DEC 0 2 2003 MODIFICATION OF ORIGINAL CU-2000-11~ CONDITIONS OF APPROVAL CUR-2003-AR-4702 This approval is conditioned upon the following stipUlations: Blasting is permitted subject to Division 3.4 of the Collier County Land Development Code (Explosives). In addition to the provisions of Division 3.4, the County shall notify, by letter, property owners within 300 feet, a minimum of 10 days prior to blasting. The petitioner shall pay for the expense of this notification. Blasting shall not be permitted within 90 days of the previous blast. 2. The required lake littoral zone shall be pursuant to Section 3.5.7.2.5. Of the Collier County Land Development Code. Prior to final acceptance of the excavation by the Planning Services Director, a 20-foot maintenance easement around the perimeter of the l~ike shall be dedicated to Collier County with no responsibility for maintenance. ° Pursuant to Section 2.2.25.8.l of the Collier County Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the collier county Code Enforcement Director shall be contacted. 5. Access to the site shall be via Immokalee Road only 6. Hours of operation are regulated by division 3.5 of the Collier County Land Development Code (Excavation). ° This earthmining operation shall be reviewed for compliance with the conditions of this Conditional Use and applicable provisions of the Collier County Land Development Code, by the board of Zoning Appeals biannually (every odd numbered year) for the life of the operation unless such subsequent review(s) are waived by the Board of Zoning Appeals 8. Water pumps shall be muffled by earthen berms. A berm, planted with Bahia grass and a minimum of ten (10) feet in height from natural ground elevation, shall be constructed along the western property line of the entire excavation within six (6) months of approval of the conditional use re-review. 10. These modification shall be incorporated within the original Condit attached to CU-2000-11 and shall be made part of the official record. CUR-03-AR-4702 CONDITIONS OF APPROVAL DEC 0 2 EXHIBIT "D" EXECUTIVE SUMMARY CU-2003-AR-3906 ST. PAUL'S ANTIOCHIAN ORTHODOX CHURCH, REQUESTING CONDITIONAL USES T, 11 AND 16 IN THE "A" RURAL AGRICULTURAL WITH MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT PER LDC SECTION 2.2.2.3.7, TO ALLOW A CHURCH/PLACE OF WORSHIP, A CHILD DAY CARE CENTER AND A ASSISTED LIVING FACILITY ON $.3± ACRES LOCATED ON THE WEST SIDE OF RIVER ROAD, ABUTTING THE SOUTH SIDE OF IMMOKALEE ROAD IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OB~IECTIVE: The Petitioner requests Conditional Uses "7", "11" and "16" of the Agricultural-Mobile Home Overlay (A-MHO) zoning district for expansion of an existing church, and adding a daycare facility and assisted living facility. Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced conditional use petition and render a decision regarding the petition. CONSIDERATIONS: The subject parcel is located on the southwest corner of lmmokalee and Rivers Road, legally described as (See Attachment A). The petitioner currently has a Conditional Use for a small church on one of the three parcels that they currently own; they are now seeking an expanded Conditional Use for a larger church along with customary accessory uses on the subject property, along with adding a daycare center and a assisted living facility that will utilize all three parcels. The Collier County Planning Commission reviewed this petition unanimously recommended approval of the petition. HSCAL IMPACT: on October 16, 2003, and Approval of this Conditional Use by and of itself will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The Environmental Review Staff has reviewed this petition and has recommended approval subject to staff stipulations that have been incorporated into the Resolution. ~ G:\Current\Meyer~Conditional Uses\St. Paul Antiochian Orthodox Church\EXECUTIVE SUMMARI.doc A~A I~ DEC O 2 2003 Ra 1 of 3 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. PLANNING SERVICES STAFF RECOMMENDATION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are listed below: 1. The condiiional use approval to allow a church and other places of worship is limited to a maximum of 324 seats and a maximum of 13,000 square feet in two buildings, the day care will be limited to a capacity of 150 children and the assisted living facility is limited to twenty units. The use is further limited to what is depicted on the Conceptual Site Plan identified as "St. Paul's Antiochian Church" prepared by Kepple Engineering, Inc., dated June 6, 2002, except as further conditioned below. 2. Approval of this conditional use permit shall not be construed as approval of the attached conceptual site plan, the site plan shall be formally reviewed and approved as part of the SDP process. 3. The developer shall provide confirmation of access rights onto Rivers Road, pave the entire length of Rivers Road from Immokalee Road to the southernmost property line prior to the issuance of any certificate of occupancy, the developer should provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line prior to the issuance of any certificate of occupancy. 4. A left hand turn lane should be provided on hnmokalee Road accessing Rivers Road. 5. The area shown as "Existing Vegetation to Remain" should be preserved in its existing state, except that exotic vegetation must be removed in compliance with Paragraph 6 below. 6. An exotic vegetation removal, monitoring and maintenance plan that when implemented will maintain the site exotic-free in perpetuity. The plan shall be submitted to Planning Services Section Staff for review and approval as part of the Site Development Plan submittal. 7. Should the parcel to the East develop before this parcel, the access point shall be re- designed to align with the access point for the parcel to the East. The childcare program shall take place in facilities located at the center of the subject As of the date this executive summary was prepared, there had been no input either in support of, or in opposition to, this petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the project size is below the threshold to require that review. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: This petition was heard at the October 16, 2003 CCPC meeting. The Motion Pass[d u,,~lffl~.~~ / ~' ~'~, _ G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox Church\EXECUTIVE SUMMAR1 .doc Pat 2 ol~Cp~._ 0,, 2 20~3 PREPARED BY: ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT DATE REVIEWED BY: RAY B~LLOWS, CHIEF PLANNER ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT //- /q -o-5 DATE ~RAY, AICP, INTERI:tQ DIRECTOR ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT //-/,/-03 DATE APPROVED BY: JJOE~EPH K. scHMITT, ADMINISTRATOR D~,TE" ,~L,~'IMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition RZ-2003-AR-3906 Tentatively scheduled for the November 18, 2003, Board of County Commissioners Meeting. DEC 0 2 2003 G:\Current\Meyer~Conditional Uses\St. Paul Antiochian Orthodox Church\EXE:CUTIVE SUMMARI.doc Page 3 of 3 MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION September 18, 2003 CU-2003-AR-3906 PROPERTY OWNER/AGENT: OWNER: St. Paul Antiochian Orthodox Church 2425 Rivers Road Naples, Florida 34120 AGENT: Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The Petitioner requests Conditional Use "7", "11" and "16" of the Agricultural-Mobile Home Overlay (A-MHO) zoning district for a church, daycare and assisted living facility. LOCATION: The subject parcel is located on the southwest comer of Immokalee and Rivers Roads. The site consists of approximately 8.3 acres. DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a church with customary accessory uses on the subject property, along with a daycare center and a assisted living home. The site plan shows a church structure with 324 seats in Phase I and a separate structure for Parrish hall and office functions in ~si st elRIi~li~'~ltm lity phase II. The proposal also includes a daycare facility with 6 class room, an a and a retreat center are proposed for later phases. Three access point will ult G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox Church\Staff report St. Paul Antiochian 2002 CCPC Page I of ? matt~l~ serve;h...e. ~ ... 6z vchen all phases are completed. The access point for phase I the church is shown approximately 200 feet south of Immokalee Road. The site plan indicates that existing vegetation along the western portion of the site will be preserved. The site plan also shows a narrow strip of existing vegetation will remain along the property's southern boundary. The parcel is within the A-MHO zoning district. The zoning district is Agricultural "A", which is described in the LDC Section 2.2.2. as follows: 2.2.2.1. Purpose and intent. The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of Collier County, are permissible as conditional uses in the A district. The A district corresponds to and implements the rural agricultural land use designation on the future land use map of the Collier County growth management plan, and in some instances, may occur in the designated urban area. [underlining added for emphasis] The Mobile Home Overlay District provides special regulations in LDC Section 2.2.22. as follows: 2.2. 22.1. Purpose and intent. This section is intended to apply to those agricultural areas where a mixture of housing types is found to be appropriate within the district. It is intended that mobile homes allowed under this section shall be erected only in the rural agricultural district (A) and only when the requirements and procedures of this section are met. 2.2.22.2. Establishment of mobile home overlay district (MHO). An overlay zoning classification to be known as "Mobile Home Overlay District (MHO)," and to be designated on the official zoning atlas by the symbol "MHO" together with the symbol of the basic zoning district which it overlays, is hereby established. The placement or removal of this overlay district shaft be governed by the procedure for amending the zoning code and the official zoning atlas as prescribed in section 2.7.2. 2.2.22.3. Minimum zoned area required for MHO overlay district. The minimum area that may be petitioned for rezoning to the MHO overlay district shall be 40 acres. However, acreage and setback requirements must comply with the base zoning district for each individual lot of record within the established overlay district. Churches are permitted as Conditional Uses within this district as are day care centers and assisted living facilities. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: Developed land with a small church; zoned A-MHO G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox Church\Staff report St. Paul Anfiochian C 2002 CCPC Page 2 of 7 DEC022003 t lhodox church..~ Sept. 191J North: East: South: West: Immokalee Road; zoned A-MHO Rivers Road, a privately maintained local road, then similarly sized undeveloped tract that is owned by the 7~h Day Adventist Church. A similarly sized tract, zoned A-MHO Vacant land zoned A-MHO GROWTH MANAGEMENT PLAN CONSISTENCY: In a memo dated April 8, 2002, Comprehensive Planning staff offered the following comments: COMPREHENSIVE PLANNING COMMENTS: The subject property is currently designated Urban (Urban - Mixed Use District, Rural Fringe Mixed Use District) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this conditional use petition, the Rural Fringe Mixed Use District (RFMUD) permits churches, childcare facilities and group housing uses. Group housing uses subject to the following density/intensity limitations: Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. Future Land Use Element (FLUE) Policy 5.4 requires that all new developments be compatible xvith and complimentary to the surrounding land uses. Comprehensive Planning leaves this determination to the Current Planning staff as part of their review of the petition in its totality. CONCLUSION: Based upon the above analysis, staff concludes that the proposed conditional uses of a #7 (Church) and # 11 (Child Care Center) and #16 (Group Care facility) for the subject site can be deemed consistent with the FLUE. Based upon the above analysis, staff concludes the proposed use for the subject site may be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a church, day care and assisted living facility infrastructure, and the environment ,,vas reviewed by the applicable reviewin comments have been incorporated into this Staff Report. G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox Church\Staff report St. Paul Antiochian O 2002 CCPC Page 3 of 7 on transportation, ?~e-''';,'~ and .iheir DEC 0 2 2003 3odox church~ Sept. 19 Pg.. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan. Since a church, day care center and assisted living facility are all recognized as a Conditional Uses of land in residentially designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Staff has included conditions of approval of this conditional use petition to ensure compliance with the LDC, and additional stipulations or conditions may be added during Site Development Plan review to further ensure compliance v/ith all provisions of the LDC. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The church will be located on Rivers Road, a private, gravel-surfaced local road. Rivers Road provides an interconnection to Immokalee Road (County Road 846), a major arterial road. Because of this, the petitioner has been required to submit an updated Traffic Impact Statement at the time of Site Development Plan submittal. Analysis of the TIS may result in a requirement for turn lanes or other improvements. The 7th Day Adventist Church that has been approved across from this site on Rivers Road has been required to pave the road from Ramsey Road to Immokalee Road, were St. Paul's to develop first they will be required to pave the same road. It would be in the best interest of both parties to coordinate their efforts and take care of the paving of the road together. As with the 7th Day Adventist congregation, St Paul's attendees may come from the south along Rivers Road to attend this church; therefore the church needs to work with the 7th Day Adventist Church to provide safe access for those members as well as the members who may access the site via Immokalee Road. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. A church is generally utilized by the majority of the congregation on the Sabbath (as that day is designated by the particular religious sect). Other less intense activities occur during the week by groups within the congregation. In addition, churches may be used by outside groups, such as Boy Scouts and Girl Scouts. This may create the noise of the congregation arriving and leaving, and some glare from vehicles arriving and departing the site. The impact from noise and glare is expected to be minimal. The sounds of the children in the ch_ildcare program will be ameliorated by the program being limited to the center of the site, sta 'f wo~l~l:~, ~-fid G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox Church\Staff report St. Paul An~ochian 2002 CCPC Page 4 of 7 rtho~E-~u~h~CL~O~ept. I i' that any play areas be oriented towards Rivers Road to eliminate to the greatest extent possible any negative impacts to development to the west of this site. A gravel road (Rivers Road) providing access to a few home sites does not pose a large dust problem as the number of trips would be minimal, and would be directly related to the individual homeowner's use. However adding a second church to Rivers Road along xvith a day care and assisted living facility would have a negative impact upon the neighboring property owners as it would create additional dust and the roadway would deteriorate more quickly with the additional use. Even though gravel roads are supposed to be maintained in a dust-free manner, the 7th Day Adventist Church has already been required to pave the Rivers Road from Immokalee to Ramsey Road, so St. Paul's is also required to pave the road, again it would make sense for the two churches to coordinate their efforts and do the paving together. Staff has included a condition to require the property owner to pave the full length of the road along the project. 4. Compatibility with adjacent properties and other property in the district. Surrounding properties are either undeveloped or used residentially. Building setbacks and landscape buffers are required to ameliorate any effects the church would have on its neighbors, therefore ensuring the compatibility of the properties. EAC RECOMMENDATION: Since the site is beloxv the size threshold to require an Environmental Impact Statement, the Environmental Advisory Council did not hear the petition because it xvas not required. PUBLIC INPUT: As of the date this staff report xvas prepared, no correspondence has been received either in support of, or in opposition to this petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-3906 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. CONDITION DISCUSSION: Staff has recommended several conditions. The first condition limits the conditional use to what has been reviewed by staff and as proposed and limited by the petitioner in the Traffic Impact Statement. Condition #2 has been proposed to ensure that this project is consistent with the purpose and intent of the landscape buffering requirements [LDC Section 2.4.7] and to address compatibility [LDC Section 2.7.4.5] in compliance with LDC Sections 2.4.7 ~-which state: .- DEC 0 2 G:\Current\Meyer\Conditional Uses\St. Paul Antiochian Orthodox ChurchkStaff report SL Paul Antiochian Orl odoxl~h_urch.doc~SepLg ~' 19, 2002 CCPC Page 5 of 7 · PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: DATE /~USAN MURRAY, AICP CURRENT PLANNING MANAGER DATE APPROVED BY: /~O~EPH K. S'CJ/~IT~, AI~INISTRATOR DATE /t~MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the October 16, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the November 18, 2003 Board of County Commissioners Meeting DEC 0 2 2003 G:\Current\Meyer~Conditional Uses\St. Paul Antiochian Orthodox Church~2nd Copy staff report.doc Sept. 19, 2002 CCPC Page 8 of I RESOLUTION NO. 03 - A RESOLUTION PROVIDING I~OR THE ESTABLISHMENT OF CONDITIONAL USE(S) NUMBERS 7, 11 AND 16 PROVIDING FOR EXPANSION OF AN EXISTING CHURCH ALONG WITH THE ADDITION OF A CHILD CARE CENTER AND ASSISTED LIVING FACILITY IN THE "A" RURAL AGRICULTURAL WITH MOBILE HOME OVERLAY (A~MHO) ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of conditional uses 7, l 1 and 16 of Section 2.2.2.3 of the Collier County Land Development Code in the Rural Agricultural Zoning District with Mobile Home Overlay (A-MHO) for the expansion of an existing church facility conditional use along with the addition of a child care center and assisted living facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Terrance L. Kepple, P.E., of Kepple Engineering, Inc. representing St. Paul Antiochian Orthodox Church with respect to the property hereinafter described as: Exhibit 'B" attached hereto and incorporated by reference herein A~i~:N~A ~ DEC 0 2 2003 1 be and the same is hereby approved for conditional uses 7, 11 and 16 of Section 2.2.2.3 of the Land Development Code for property located in the A-MHO Zoning District for the expansion of an existing chumh facility conditional use along with the addition of a child care center and assisted living facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 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 ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk F~pproved as to Form and Legal Sufficiency: BY: TOM HENNING, CHAIRMAN Marjorie M. Student Assistant County Attorney CU -2003 -AR - 3906/RM/sp 2 f) DEC 0 2 2003 // Legal Description All of the E 1/2 of the NE ¼ of the NE ¼ of the NW %, less the W 100' thereof, and less the N 100' for State Highway # 846, and less the E 10' thereof of Section 30, Twp 48 S, Rng 27 E. and E lA of the SE ¼ of the NE ¼ of the NW ¼ less the E 10' thereof of Sec 30, Twp 48 S, Rng 27 E. and The W 100' of the E IA of the NE ¼ of the NE ¼ of the NW 1/4, less the N 100' for R/W, Sec 30, Twp 48S, Rng 27 E. DEC 0 2 2003 CU-2003-AR-3906 CONDITIONS 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of 324 seats and a maximum of 13,000 square feet in two buildings, the day care will be limited to a capacity of 150 children and the assisted living facility is limited to twenty units. The use is further limited to what is depicted on the Conceptual Site Plan identified as "St. Paul's Antiochian Church" prepared by Kepple Engineering, Inc., dated June 6, 2002, except as further conditioned below. 2. Approval of this conditional use permit shall not be construed as approval of the attached conceptual site plan, the site plan shall be formally reviewed and approved as part of the SDP process. 3. The developer shall provide confirmation of access rights onto Rivers Road, pave the entire length of Rivers Road from Immokalee Road to the southernmost property line prior to the issuance of any certificate of occupancy, the developer should provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line prior to the issuance of any certificate of occupancy. 4. A left hand turn lane should be provided on Immokalee Road accessing Rivers Road. 5. The area shown as "Existing Vegetation to Remain" should be preserved in its existing state, except that exotic vegetation must be removed in compliance with Paragraph 6 below. 6. An exotic vegetation removal, monitoring and maintenance plan that when implemented will maintain the site exotic-free in perpetuity. The plan shall be submitted to Planning Services Section Staff for review and approval as part of the Site Development Plan submittal. 7. Should the parcel to the East develop before this parcel, the access point shall be re- designed to align with the access point for the parcel to the East. 8. The childcare program shall take place in facilities located at the center of the subject site. CU-2003-AR-3906 Exhibit D / ,'-/!2 DEC 0 2 2003 P~. /,-~ EXECUTIVE SUMMARY PETITION DOA-2003-AR-3911, WILLIAM R. VINES OF VINES AND ASSOCIATES, REQUESTING AN AMENDMENT TO THE TOLLGATE COMMERCIAL CENTER A DEVELOPMENT OF REGIONAL IMPACT (DRI) IN ORDER TO EXTEND THE LIFE OF THE DEVELOPMENT ORDER FROM DECEMBER 30, 2002, TO DECEMBER 29, 2007, FOR PROPERTY LOCATED IN THE SOUTHEAST QUADRANT OF 1-75 AND COLLIER BOULEVARD, FURTHER DESCRIBED AS TOLLGATE COMMERCIAL CENTER, IN SECTION 35, TOWNSHIP 49, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend Development Order No. 97-2 for the purpose of extending the life of the Development Order from December 30, 2002, to December 29, 2007, so the development of the remaining undeveloped sites may continue to completion. CONSIDERATIONS: The property is located at the southwest comer of 1-75 and Collier Boulevard further described as Tollgate Commercial Center. On February 11, 1997, D.O. No. 97-2 extended the D.O. life from December 31, 1997 to December 30, 2002, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of D.O. No. 97-2, the applicant seeks to extend the life of the D.O. so that development of the remaining undeveloped sites may continue to completion.. FISCAL IMPACT: This amendment to the Development Order is to extend that date for five years, until December 29, 2007. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: DEC 0 2 2003. DRI-03-AR-3911 1 p~.. Approval of this amendment to the Parklands Development Order will only extend the development of the Tollgate Commercial Center five years. Therefore, this amendment will not have an adverse impact on the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the subject site is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval since the petition will not cause any impacts to any wetland preserve area. ENVIRONMENTAL ADVISORY COUNCIL {EAC) RECOMMENDATION: Since this petition is only to extend the development date by five years, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on November 6, 2003. During the meeting, the CCPC voted unanimously to forward Petition DOA- 2003-AR-3911 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commission found th~.t this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. Since no person spoke in opposition to the petition during the public hearing, this petition was placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition DOA-03-AR-3911 as otherwise described by amending the DOA Development Order resolution included in this Executive Summary. DRI-03-AR-3911 A~NI::)A IT~4 DEC O 2 2003 pg. IN MEYER, PRINCIPAL PLANNER DATE/ DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: 15~y BELLOWS, CHIEF PLANNER D~T~ DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY /J~SME PMHu~IiTSyC~s E RV I C E S DIV~iI ON ONMENTAL DATE executive summary/ DRI-03-AR-3911 AO~]~I:)A I'rE.])~ DEC 0 2 2003 pg. ~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 6, 2003 SUBJECT: PETITION NO: DOA-2003-AR-3911, TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AGENT/APPLICANT: Agent: William R. Vines Vines and Associates 800 Harbour Drive Naples, Florida 34103 Owner: R. S. Hardy Toll Gate Commercial Center 5692 Strand Court, Suite 3 Naples, Florida 34111 REQUESTED ACTION: This petition seeks to amend Development Order No. 97-2 for the purpose of extending the life of the Development Order (D.O.) from December 30, 2002 to December 29, 2007, so the development of the remaining undeveloped sites may continue to completion. GEOGRAPHIC LOCATION: The subject site is located in the Southeast quadrant of 1-75 and Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (See illustration on following page) DO-03-AR-3911, Toll Gate Commercial Center I DEC 0 2 2003 I-- DO-03-AR-3911, Toll Gate Commercial Center 2 AC.~]4DA DEC 0 2 2003 Pg. ~ PURPOSE/DESCRIPTION OF PROJECT: On February 11, 2002, D.O. No. 97-2 extended the D.O. life from December 31, 1997 to December 30, 2002, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of D.O. No. 97-2, the applicant seeks to extend the life of the D.O. so that development of the remaining undeveloped sites may continue to completion. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: Because of the age of the project, the Southwest Florida Regional Planning Council (SWFRPC) and the Florida Department of Community Affairs (DCA) determined that amending the D.O. and extending its life would first necessitate filing a Notice of Proposed Change (NOPC) to a Previously Approved Development of Regional Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact Study). The Transportation Assessment was conducted under contract with the Southwest Florida Regional Planning Council, and coordinated with Collier County and Florida Department of Transportation (FDOT) transportation staffs. The NOPC was filed on October 1, 2002, and was approved by the Southwest Florida Regional Planning Council without objection on November 21,2002. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs coordinated their response with the Southwest Florida Regional Planning Council as explained in the paragraph above and a notice of change was filed on October 1, 2002, and approved with no objection. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the change listed above is deemed to be consistent with the regional goals, resources and facilities as previously determined through the D.O. process. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f) 4., F.S., the Department has not objected to this NOPC. STAFF REVIEW: Development authorizations contained in the Development Orders have been met for years and this is an ongoing project that has a limited number of properties that still need to be developed. The current review of traffic issues by the Southwest Florida Regional Planning Council and State Department of Community Affairs found that the D.O. is still compliant and there were no objections to it. The proposed revision to the Toll Gate Plaza Development Order docum adversely impact any adopted level of service standard. This amendment onl' DO-03-AR-3911, Toll Gate Commercial Center 3 DEC 0 2 2003 pg. ~ date of expiration for the project by five years from December 30, 2002 to December 29, 2007. Staff is of the opinion that this amendment will not adversely impact the development strategy for the Toll Gate Commercial Center. STAFF RECOMMENDATION: That the Collier County Plalming Commission (CCPC) recommends approval of Petition DO-03-AR-3911 as described by the amending Development Order resolution included in this Staff Report. DO-03-AR-3911, Toll Gate Commercial Center 4 AGi~DA ITeM DEC 0 2 2003 Pg'~ 7 P.~P A~R~E D BY: ROBIN MEYER, PRINCIP,Z~L PLANNER DAT~E DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 'RAY /ELL-0WS, CHIEF P~ DATE DEP)~RTMENT OF ZONING AND LAND DEVELOPMENT REVIEW /~USAN MURR&Y, AICP, INTERIM DIRECTOR DArTE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: /JC]SEPH K. SCHMITT, ADMINISTRATO .ff/OMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the November 6, 2003 CCPC meeting. DATE' COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DO-03-AR-3911, Toll Gate Commercial Center 5 ITEM DEC 0 2 2003. pg_ ~' Vines & Associates Inc urban planning · land planning 800 harbour drive naples florida 34'103 239.262.4'164 fax 239.262.5791 William R. Vines, President Member AICP e-mail wvines800@aol.com p o box 933 linville north carolina 2864{: 828.898.9837 fax 828.898.9847 COVER LETT ER APPLICATION 3'0 AMEND THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT ORDER The Tollgate Commercial Center DRI Development Order was originally approved via DO 84-1 on 1-17- 84. Itwas expanded from 69.4 acres to 100.24 acres via DO 92-1 on 2-11-92. On 2-11-97, DO 97-2 extended the DO life from 12-31-97 to 12-30-02, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of DO 97-2, this application seeks to extend the life of the DO so that development of the remaining undeveloped sites may continue to completion. Because of the age of the project, the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs determined that amending the DO and extending its life would first necessitate filing a Notice of Proposed Change to a Previously Approved Development of Regional Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact Study). The Transportation Assessment was conducted under contract with the Southwest Florida Regional Planning Council, and coordinated with Collier County and Florida DOT transportation staffs. The Notice of Change was filed on 10-1-02, and was approved by the Southwest Florida Regional Planning Council without objec!ion on 11-21-02. The specific Development Order language adjustment proposed is as follows: Section 7 of Development Order 84-1 as amended by Development Order 92-1, further amended by Development Order 97-2, is hereby further amended to read as follows: - ""' ""'"" December 29. 2007. Any That this Order shall remain in effect until Dsc~mb~ ........ development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. Words underlined are additions: words AO~:NDA ITEM are deletions. DOA-2003-AR-391 l Project # 19990193 DATE: 3/25/2003 RAY BELLOWS pETITION NAME:_ Tollqate Commercial Center DATE; APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES 3-19-03 Name of Applicant (s~ Applicant's Mailing Address_ 5692 Strand Court, Suite 3 City_ Naples Applicant's E-Mail Address: Applicant's Telephone Number:Res: Fax#: State ..FI 239-594-5677 .Zip__34111_ 239-593-3883 Is the applicant the owner of the subject properly? [] 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, limited partnership or other business entity, so indicate and name principals below. [] (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. [] (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. [] (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. See the attached Cor orate Structure and Si nih Block (If space is inadequate, attach on separate page.) Name of Agent_ William R. Vines Firm Vines a Associates, inc. Agents Mailing Address 800 Harbour Drive City_ Naples Agent's E-Mail Address.'_ State__FL wvinesS00(~,aol.com - Telephone Numbers: Res.: Fax#: 239-262-5791_ Bus.___239-262-4 ! 64 ,Zip__34103~ DEC 0 2 2003 DO ORDINANCE NAME AND NUMBER: Toll.qate Commercial Center DO 97-2 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of the survey (i" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 35 TOWNSHIP 49.South RANGE 26. East See Attached 5. Address or location of subject property Southeast quadrant of 1-75 and Collier Blvd. Does property owner own contiguous property to the subject property? lfso, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: [] A. PUD Document Language Amendment [] B. PUD Master Plan Amendment J ~ C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: [~ Yes [] No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN J~ SOLD and/or ,l~ DEVELOPED? CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? []Yes ~No 1F YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Most development sites have been sold and developed. ARE ANY ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing ad, ert,s~n~K~10~A I'r[M (s) immediately No.__ / 7 ~ DEC 0 2 2003 /I AFFIDAVIT We, V--, '~- ~/~' ~ ID ~9 being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in Ibis application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. TOLLGATE COMMERCIAL CENTER BY TOLLGATE, INC. GENERAL PARTNER By Robert S. Hardy, President SIGNATURE OF OWNER Signature of Agent State of Florida County of Collier County BCC .The foregoing Application was acknowl.~dged before me_this, ,t c:~,~-- Day of'~'~(~/&f~-~-'t-~ , 2002 by ./~)/r~e-.7'" ~ ~~~ Who is personally known to me and did not take a~ __/ (Signat~ of~otary Public -- ,,,g{'~,, Valerie J. St011 g~2"~"'~Co~i~sion · CC 818172 ~L~)~ Z~pires Apr. 30. 2003 ~ ........ ~; Bond~ Thru A~A ITEM DEC 0 2 2003 TOLLGATE COMMERCIAL CENTER Corporate Structure and Signing Block TOLLGATE COMMERCIAL CENTER ! I 50% AMPCO INVESTMENTS, INC 50% TOLLGATE JOINT VENTURE (Owned by A. M. Papineau estate) 50% 8475, Inc, {Owned by Alex Rubin Estate) 50% Tollgate, Inc. (Owned by Naples Road Building Corp.) I (Owned by R. S. Hardy and Paul Hardy) SIGNING BLOCK TOLLGATE COMMERCIAL CENTER By Tollgate Joint Venture By Tollgate, Inc. By R. S. Hardy, President N3~NDA rrr. M DEC 0 ?. 2003 JOHNSON ENGINEERING, INC. CIVIL ENGINEERS AND LAND SURVEYORS i ~ ISII jONNSON STIqs'rT T[L.,B'CO4m'Is'N IS $)! $$4-314, 1 POST OFF'ICI BOX $S50 FONT MY[RS. FLORIDA C~L [. JOHNSON January 7, 1991 DESCRIPTION TOLLGATE COMNE~RCIAL CENTER SECTTON 35, T. ~9 S., R. 26 g. AND SECTION 2, T. 50 S., R. 26 E. C0LLIEA COUNTY, FLORIDA ! ARCHIE T. GRAN? JR. FORREST H. BANKS JOSEPH W. EBNER STEVE:N K. MORRISON ANDREW D..TILTON IJEFFREY C. COONER D~,N..W.. DIC'KEY KENTON R. KEILING GEORGE J. KALAL I.MICHAEL L. HARMON THOMAS L. FENDLEY W. DAVID KEY, JR. W. BRITT POMEROY CARL A. BARRACO I GA~Y R. BULL KEVlN M. WINTER LESTER L. BULSON iROBERTS. O'BRIEN A tract or parcel of land lying in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, Florida which tract or parcel is described as follows: From the southeast corner of said Section 35 run N 89' 45' 01" W along the south line of said Section 35, also bef~ng the common township line of said Township 49, and 50 for 437.90 feet to an intersection with the east line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records and the Point of Beginning. From said Point of Beginning run S 00' 02' 19" E along said east line for 60.48 feet to the southeast corner of said p~Lrcel; thence run S 89' 57' 41" W along the south line of said parcel for 2200.70 feet; thence run S 89' 56' 02" W continuing along said south line for 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement, also being the southeast corner of Tollgate Commercial Center Phase Two as recorded in Plat Book 18 at Pages 23 and 24, Collier County Public Records; thence run N 00' 46' 58" E along the east line of Phase Two and said FP&L easement for 1278.72 feet to an intersection with the limited access right-of-way line of State Road No. 93 (I-75) also being the northeast corner of said Phase Two and also being the northeast corner of Tollgate Commercial Center, Phase One as recorded in Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances along said limited access right-of-way line: S 87' 55' 12" E for 89.90 feet; thence run S 78' 4~' 38" E for 318.32 feet; thence run S 7g' 09' 17" E for 1199.30 feet; thence run S 73' 00' 33" E for 190g.96 feet to a point of curvature; thence run southeasterly along the arc of said curve to the left of radius 11621.16 feet (delta 01' 09' 07") (chord bearing S 73"35' 07" E) (chord 233.67 feet} for 233.65 feet to an intersection with the 'north right-of-way line of State Road No. 84 (01d Alligator Alley}; thence run N 89' ~5' 01" W along the north right-of-way line of said State Road No. 8~ 3 L AGENDA n~M JOHNSON ENGINEERING. INC. Section 35, T. q9 S., R. 26 E. January 7, 1991 Page 2 I departing sa/d limited .access right-of-way line for 100.00 feet to an intersection with %he easterl¥1ine of the parcel as described in deed recorded in Official Record Book lq77 at Page 2q6, Collier County Records; thence z%un S 00' 02' 19" E along said east line for 200.00 feet to an intersection with said south line of Section 35 and the Point of-Beginning. Containing 65.79 acres more or less. SUBJECT TO easements, restrictions and reservations of record. Being all :of Tollgate Commercial Center Phase One, a~ recorded in Plat Book 16 at Page 1. Collier County Records. ALSO Being all of Tollgate Commercial Center Phase T~o, as recorded in Plat Book 18 at Pages 23 and 2q, Collier County Records. Containing 3q.~5 acres, more or less. Bearings hereinabove mentioned are based on Florida DOT right-of- way map for State Road No. 93 (I-75) centerline bearing at Station 290 to bear N 73' 00' 33" W. Mi~.~ael W.! Norman Professional Land Surveyor Florida Certificate No. qSO0 MWN/pd 25023 AGENOA II~ DEC 0 2 2003 DEVELOPMENT ORDER NO. 03-__ RESOLUTION NO. 03 - A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACi (DR1), BY PROVIDING FOR: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER WHICH EXTENDS THE DEVELOPMENT ORDER PERIOD OF EFFECTIVENESS UNTIL DECEMBER 29, 2007; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 84-1, as amended, (the Development Order) on January 17, 1984, which approved a Development of Regional Impact (DRI) known as Tollgate Commercial Center; and WHEREAS, since January 17, 1984, the Board of County Commissioners has approved several amendments to the Toll Gate Commercial Center DRI, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the Board of County Commissioners approved Resolution Number 9%75 which extended the effective date of the Development Order to December 30, 2002; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS; the owners of the DRI property desire to extend the time that the development remains in effect; and WHEREAS, William R. Vines of Vines and Associates, Incorporated, representing Robert S. Hardy, Partner, Toll Gate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on November 6, 2003; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on December 2, 2003. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: 1 Words underl ned arc ad&uons, Words .~ ........... ~,.. arc deletions SECTION ONE: AMENDMENT OF DEVELOPMENT OREDER That Section 7 of Development Order 84-I, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until ~ December 29, 2007. Any development activity wherein plans have been submitted to the County ~or its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject to the amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate Commercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendmem to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCULSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the 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 to the previously approved Development Order 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. E. The proposed amendment to the Development Order is not a substantial deviation from Development Order 84-1, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1 as amended, shall 2 Words underlined arc additions; Words s.~ are deletions remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 03-__ 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. BE 1T 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 .... 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency Marjori(ejM. Student Assistant County Attorney DOA-2003-AR-391 l/RB/Io 3 Words underlil~d are additions; Words gtr.::k !.hrc~:gh are deletions DEC 0 2 2003 /oe