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Backup Documents 10/14/1997 R October 14, 1997 COLLi']~:R~ BOARD OF COU~YCOMMISSIONERS AGENDA October 14, 1997 9:00 A.M. NOTICE: }J.L F~J~]S WIS~/I~ TO SPEAK ON ANY AGE~BA I%'EM MUST ~GISTE~ PRIOR TO SPEAKINg. AI~INISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF T~E ~IN~ AND WILL BE. P~ARD D~DER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD ~ NEED A RECORD OF TF~ PROCEEDINGS PER~ THERETO, AND THEREFORE MAY ~ TO ENSURE THAT A VERB~.\TIM RECORD OF THE PROCEEDINGS IS MADE, IS TO BE ~T.T. P~GISTE~ PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES [~ILESS PERMISSION FOR ADDITIONAL TIME IS GRANTED B~ THE ~N. ASSISTED LI~ DEVICES FOR THE HEARING IMPAIRED ARE A~ IN THE CfK~vl~f C0~MISSIONERS' OFFICE. LUNCH RECESS SCH~D~L~DFOR 12:00 NOONTO 1:00 P.M. 1. ]]hl)CATION - Rev. Les Rengstorff, Son-Rise ~ristian Church 2. PLEDGE OF ~T.T.~IANCE 3. APPROVAL OF AGENDA kND C~NSENT AGE~DA Approved and/orAdo~tedwithChanges 5/0 4. APPROVAL OF MINUTES 'Approved as Presented 5/0 September 23, 1997 - Regular meeting. September 24, 1997 - Value Adjustment Board. Ae PROCLAMATI~S Page i 1) 3) 4) ~]ded: 1) Ae 2) October 14. 1997 1. Proclamation proclaiming that the month of October, 1997, be designated as Domestic Violence Awareness Month Adopted 5 / 0 Presented Keith Magero - Water Department 951 - 10 years Tarcisio Menjivar - Pelican Bay Service Division -- 5 years Manuel Nieto - Pelican Bay Ser-zice Division - 5 years Leonel Ramirez - Pelican Bay Service Division - 5 years PRESF/T~ATIONS Presentation of a check for unused fees by the Tax Collector. API~ROVAL OF CLERk'S P~KPORT A. ANALYSIS OF CHANG~ TO RESERVES FOR CONTT~K~ENCIES. F[F~LIC PETITIONS A. Michael J. Volpe, Treiser, Kobza & Volpe requesting land use designation for property located at the intersection of County Road 951 and ~Fnite Blvd. Petitioner~as not present. COONTY~STRATOR'S REPORT COMMUNITY DEVELOPMENT& ~Fv-/Rf~NTAL SERVICES PUBLIC WORKS Approve speed limit reduction from forty-five miles per hour (45 MPH) to thirty-five miles per hour (35 MPH) on C.R. 846 (Immokalee Road) Westbound from East of the Collier's Reserve access road to S.R. 45 (U.S. 41) and median channelization. Res. 97-390 AdoDted 5/0 Review Hearing for Alternative Water and Wastewater System Impact Fee Calculation for Carlisle of Naples. Staff recommendation approved 5/0 PUBLIC SERVI~ 10. 1) Do October 14, 1997 Request to utilize Reserve funds for ramps at the East Naples Skate Park Facility and Daser boards at Veterans Community Park. Approved 5/0 COUNTY~STRATOR COUNTY ATTORHE~'S R/iPORT A. Recommendation for the Board to consider a proposed Settlement Agreement regarding the Lely Barefoot Beach Guar~:ouse litigation. Continued to the meeting of 10/28/97 - 5/0 BOARD OF COO~f ~SSIfRIERS A. Appointment of member(s) to the Affordable Housing Commission. Res. 97-391 appointing W. Jeffrey Cecil &SamGcx)dman Adopted 5/0 Rescheduling of LDC Hearing from December 3, 1997 to December 2, 1997. Approved 5/0 PUBLIC ~ONGENERAL TOPICS PUBLIC HEARINGS WILL BE ttFAItD IMMEDIATELY FOLLOWING STAFF ITEMS 12.'AgVERTI~ PUBLIC HEARIN~S - BCC A. C~SIVE PLAN i) Petition CP-97-3, George L. Varnadoe of Young vanAssenderp and Varnadoe, P.A., requesting a Growth Management Plan text amendment of the Future Land Use Element to provide for the reallocation of residential dwelling units from portions of The Fiddler's Creek PUD/DRI located in the urban coastal fringe and urban residential fringe designated areas to specified lands located in the agricultural/rural designated area of the Future Land Use Map. Res. 97-392 Adopted4/1 (Co~aissionerMac'Kie opposed) B. ZfHq/I~G AI~I~q~H~ITS 1) Petition PUD-97-9, John P. Asher, P.E., of Coastal Page 3 O~tob~r 14. 19~7 Engineering Consultants, Inc., representing The Club Estates, L.C., for a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a project titled The Club Estates PUD containing a development strategy consisting of twenty-eight (28) single family detached housing lots and homes on a total site area of 155.8 acres, located on the west side of C.R. 951 (Isles of Capri Road) immediately contiguous to the property known as Naples National Golf and Country Club in Sec. 10, T50S, R26E. Readvertised for 10/21/97 2) Petition PUD-85-29(1), R. Bruce Anderson of Young, vanAssenderp & Varnadoe, P.A., representing Jim Colosimo, Trustee, requesting a PUD to PUD which will have the effect of bringing the Naples Gateway PUD and PUD Master Plan into compliance with the Collier County Land Development Code (LDC) and the unsetting requirements set forth in Section 2.7.3.4 of the LDC for property located in the northwest quadrant of the Pine Ridge Road (C.R. 896) and 1-75 Interchange Activity Center, located on Tracts 29, 44, and 45, Golden Gate Estates, Unit 35, Section 7, T49S, R26E. Ord. 97-49 with changes - Adopted 5/0 i) Adoption of an Ordinance amending Ordinance No. 80-47 called the Collier County Parking Ordinance, raising parking fines, and other substantial amendments Ord. 97-50 - A~opted 5/0 13. BOARD OF ZO~ APPEALS A. AIIFERTISED PUBLIC ItKARINGS 1) Petition CU-97-16, Bruce E. Tyson, ASLA, AICP, of Wilson, Miller, Barton & Peek, Inc., representing The Willow Run Trust requesting Conditional Use "1" of the "A" Rural Agricultural Zoning District having the effect of expanding The Willow run quarry earth mining operations on property located in Sections 11, 12, 13 and 14, T50S, R26E, consisting of 200 acres, more or less. Tabled until ~nformation can be provided later in the meeting 5/0 Res. 97-393 Adopted 5/0 2) Petition A-97-9, Susan Middlebrook and Cindy Miller requesting an appeal of a Collier County Planning Commission's approval of a boat dock extension approved on August 21, 1997, for property located on Lots 84 and 85, Isles of Capri, Unit 1. Appeal denied; Planning C~,-~ssion's approval upheld 4/1 Page 4 October 14, 1997 (Co~w, issioner Norris opposed) . 1) Relating to Petition CU-96-17 for the first extension of a Conditional Use for a church and related facilities and child care center in the "E" Estates Zoning District for property described in Resolution 96-581 adopted on December 12, 1996, pursuant to Section 2.7.4 (Conditional use Procedures) of the LDC. Res. 97-394 Adopted 5/0 Relating to Petition CU-96-16 for the first extension of a Conditional Use for a church in the "E" Estates Zoning District for property described in Resolution 96-513 adopted on November 12, 1996, pursuant to Section 2.7.4 (Conditional Use Procedures) of the LDC. Res. 97-395 Adopted 5/0 14 . STAFF ' S Cf~/~UNICATIONS A. Corps of Engineers re EIS 15. BOARD OF COUNTY CC29(ISSI~' COMMUNICATIONS A. Update from Florida Association of Counties re dues. 16. CCkNSF/qTAG~2~DA - All matters listed under this item am-e 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 ~e Board, tl~at item(s) will be removed fro~ the Consent Agenda and considered separately. Approved and/or Adopted with changes 5/0 A. CfH~MUNTTY DEVELO~ & ~PTTR~AL SERVTCES 1) Request to approve the final plat of "Waterways of Naples, Unit ~o". Subject to Construction and Maintenance Agreement and Stipulations. 2) Approval of an agreement with Wilkerson & Associates, Inc., for engineering services for infrastructure improvements to Shellabarger Park in Immokalee. This is a Community Development Block Grant, total contract will not exceed $92,500, RFP# 96-2607, and is for infrastructure to Shellabarger Park in Immokalee. (Continued from the meting of 9/23/97) 3) Approval and execution of the Transportation Disadvantaged Funding Agreement between Collier County and Good Wheels, Page 5 October 14, 1997 Inc. B. PUBLIC WORKS 1) Recommendation to award Annual Bid #97-2711 - Traffic Signal Components. Bids to be awarded to the lo, est responsive bidder as indicated in the Executive 9-~ry, on ~n item-by-item basis; if an item is not available fro~ the low bidder, the second ].ow bidder may be utilized for the purchase. 2) Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for continued use of i~=mate labor in road maintenance activities. 3) Award Bid #97-2718 for annual chemicals. Award.=~d to the eight vendors as indicated in the Executive 4) Award Bid #97-2689 for jack and bore operations. Awarded to Cabana Construction Co~any in the approximate amount of $10,000.00. 5) Award Bid #97-2698 for underground utilities supplies. Am~rded to the vendors as indicated in E~h{bit B of the ~xecn~tive C. FUBLIC SEKVICES D. SUPPORT E. COUNTY AI~US~I STRATOR F. BOARD OF COUNTY CC~KISSI(~ERS G. MISC~rJ~EO~S CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. ~ CC~ISTITUTI(~%~%L OFFICERS I. COUNTY ATTOP~D~f J. ;LIRPORT AIFFHORI~Y 17. ADJOURN Page 6 AGENDA CHANGES COLLIER COUNTY BOARD OF COMMISSIONERS' MEETING ~)CTOBER 14, 1997 ADD: ITEM S(A) - Proclamation dcsii~'~atlnS October, 1997 as Domestic Violence A~ess Month. (BCC request). ADD: ITEM ~(C) - Presentation of a check to the Board of County Commissioners by the Coili~ County Tax Collector. (Tax Collector's roquest). ADD: ITEM 8 (C)I - Approve request to ~ reserw funds for maps at the F~t Napl~ Skate Park Facility and daser boards at CO~'E: ITEM 12(BXI) TO 10/21D7 MEETING: Petition PUD 97-9, ']Tne Club Est. ate~, L.C. for a rezo,'-,c from "A' agriculturel to PUD-Planned Unit Dev~lopmcnl for a project tiffed The Club Estates PUD located on the west side of C.R. 951 immediately con~guous to the propa'ty known as Naples National Goffand Country Club. (Staff's request). WIIEREAS, WItEREA $, WIIEREA$, WilEREAS, WIIERF_~4$, WIIERE/I$, WIIERF~/I$, WItE.gF~S, WIIEREAS, PROC£AMA TIOH domestic violence is of major public concern for our state and nation and I.~ no'~ the single mart cause of Injury to women; crud there were i$1,152 case,v of domestic violence reported In Florida last year, which represents a 9,4~ Increase; and domestfc violence ts a universal societal problem with consequences reaching far beyond the realm of the family. Domestic violence ts not a prlvate famlly matter, but a crime that has devartattng effects on the victims, their children, communities, and tie workplace; and dome,~tlc violence affects people of all ages, racial, socioeconomic, educational, rellglot~, and °C cupatlonal segmentg of society; and domestic violence refn'e$ent., a pattern of a~zaulttve ond coerclve beho¥1or5 that will escalate in both frequ~ncy cmd.~everlty if l.,tterventlon does not occur. ~4bo.: one In five wome. vlctlml..ed by their xpouse or er-~pouse reported that they ~d b~en a vlctlm of a series of at lea.~t three arsault$ In the last slx monttu; and in Florida, 20?4 killed almost e~ r occurx In the home and one person Is arm secur#y, and hum~mlty; and all e.~peclally h~. their In the workplace: tr,d WiIEgEA$, WIlERP_.4S, treatment wehavea m-~rl~pioce. NO W 17tEREFORE. be it proclaimed l~y the Board of Cmmty Co,.,.~;L~iorn, r~ of Collier Cmeuy. Florida, that October, 1997 be de$fgnated as DOMP-_~ITC FIOLENCE AI4'ARENESS MOIgTH DONE.riND ORDSRED TItI$14th Day of October, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTT. FLORID,4 ., AICP, CHAIRMAN RESOLUTION NO. 97- 390 8B 1 A RESOLUTION TO AUTHORIZE A SPEED LIMIT REDUCTION TO THIRTY FIVE MILES PER HOUR (35 MPH) ON C.R. 846 (IMMOKALEE ROAD) WESTBOUND FROM THE VICiNITY OF COLLIER RESERVE WESTERLY TO S.R. 45 (ROUTE U.S. 41). WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioner~ to alter or establish speed limits on roads under its jurisdiction; and WHEREAS, C.R. 846 (Immokalee Road) falls under the jurisdiction of thc Board of County Commissioners; and WTqEREAS, in accordance with S~x:tion 316, Florida Statutes, the Board or' County Commissioners may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of such engineering and traffic investigations determine that the reduced speed limit is reasonable and safer under the conditions found to exist and in confbrmity to cr/teria promulgated by the County. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners does hereby establish a thirty five miles per hour (35 mph) speed limit on C.R. 846 (lmmokalee Road) westbound from the vicinity ofapproximafely 480 feet west of the Collier Reserve access road westerly to S.R. 45 (Route U.S. 41), a distance of approximately 2,350 feet, and does hereby direct the County Transportation Services Department to erect appropriate advance warning "REDUCE SPEED AHEAD" signs and speed limit signs giving notice thereof. BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limit for CR. 846 (lmmokalee Road) westbound within the designated segment. This resolution adopted after motion, second and majority vote favoring same this / da . , 1997. '. Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID& TI~IbTH~ ~XlqlCOCK, Chairman RC/tm/092597/Reso Reduc Spd Lmt 846.doc C.R. 888 · -SB ! PROJECT 51TE _--.,.,.,.,.,.,.,.~,.,~z~. --- IMMOKALEE ROAD 846) 0 Z PINE RID~ · '.N G~ L OCA TiON "VANDERBILT · BE_ACH ROAD (C.R. PARKWAY (C.R. ,I MAP IOA : RESOLUTION NO. 97-391 A RESOLUTION APPOINTING MEMBERS TO TtIE AFFORDABLE HOUSING COMMISSION. WHEP,.EAS, Collier County Ordinance No. 91-65 created the Affordable Housing Commission and provides that the County Commission shall appoint five (5) members to the Affordable Housing Commission and the City of Naples shall appoint four (4) members to the Affordable itousing Commission; and WHEREAS, the terms of two members expired creating vacancies on this commission; and WHEREAS, the Board ox' County Commissioners previously provided public notice soliciting applications from interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. W. Jeffrey Cecil is hereby appointed to the Affordable Housing for a three (3) year term, said term to expire on October 1, 2000. 2. Sam Goodman is hereby appointed to the Affordable Housing for a three (3) year term, said term to expire on October 1, 2000. This Resolution adopted after motion, second and majority vote. DATED: October 14, 1997 ATTEST: t. BROCK, CLFV, ¢'C. :;. .' . , Appmv~ ~ to fo~ ~d legal sufficimcy: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTH~'L. HANCOCK, CHAIRMAN David C. Weig~:l - ~ - County Attorney DCW,'kn COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xx Normal legal Advertisement Other: (Display Adv.. location, etc.) 12A I List Attaclmaents: Legal Ad [] County Manager agenda file: to Clerk's Office DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to Coun .ty Manager. The Manager's office will distribute copies: Requesting Division E] Original B. Other hearings: Initiating Division head to approve and ~brnit original to Clerk's Office, retaining a cop). for file. FOR CLERK'S OFirICE USE Q~Y:J / / // / I 1/ 1 Originating Depl/Div: Planning Services Person: David Weeks Date: 9/10/97 Petition No. (If none, give brief description): CP-97-3 Petitioner:. CN';,ane & Address): George Varnadoe Young. VanAssenderp & Varnadoe 801 Laurel Oak Dr., Suite 300 Naples, Fl, 34108 Name & Address of any person(s) to be nolified by Clerk's Office: (lfmore space is needed, attach separate sheet) DY Associates Joivt Venture, 4001 North Tamiami Trail, Suite 350, Naples, FL 34103 Heating before xx Bce BZA Other Requested Hearing date: (Based on advertisement appearing 7 days before hearing) October 14. 1997 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] Other {-] Legally Required Proposed Text: (Include legal description & common location & Size): See Attached Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost7 xx Yes [] No What account should be charged for advertising cost: 111-138317-649100 Reviewed by: Approved by: Division Head Date County Manager Date 1 October 14, 1997 Board of County Commissioners Public Hearing Advertising Requir~e~l~a Please publish the following LegAl Advertisement on ~ October 6. 1997, and furnish proof of publication to the Comprehensive Plannin9 Section, 2800 North Horseshoe Drive, Naples, Florida 34104. 12A 1-~ !~E]. )I~qllE )ST. TIKE 3~..4 J Oc~.-i5J 14:C~9 TOTI:::IL l::l~r.&S 4 12A 1 September 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition CP-97-3 Dear Judi: Please advertise the above referenced notice one time on Monday, October 6, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti0 Deputy Clerk Encl. Acct. No. 111-138317-649100 (Long Range Planning) · ' 12A 1 NOTICE OF PROPOSk~D CF~GE TO T}{E FUTUR~ LAND USE ELE/~]~/qT OF THE GROWI~I F~%NAG~ PLA/q The Board of County Commissioners proposes to adopt the following by Resolution for transmittal to the State of Florida Department of Community Affairs for preliminary review and comment: A RESOLUTION APPROVING A PROPOSED ~MENDMEN~ TO THE FD~URE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COM~IR~ITY AFFAIRS BY AME?4DING THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT OF THE AGRICULTUP3%L/R~L - MIXED USE DISTRICT OF THE AGRiCULT~/RI/RAL DESIGNATION OF THE FUTURE LAN'D USE DESIGNATION DESCRIPTION SECTION BY A3~LOWiNG A REALLOCATION OF AN b~SPECIFIED NUMBER OF DWELLING UNITS FROM THE FIDDLER'S CREEK DRI, LOCATED IN THE URBAN COASTAL FRINGE SUBDISTRICT A_N-D URBAN RESIDENTIAL FRINGE SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT OF' THE URBAN DESIGNATION, TO CERTAIN I~aN-DS ADDED TO THE FIDDLER'S CREEK PUD, LOCATED IN THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT, IN EXCESS OF ONE DWELLING UNIT PER FIVE ACRES. (Petition CP-97-3) A public hearing on the Resolution, .pertaining to Petition CP-97-3, will be held on October 14, 1997 at 9:00 ;~M in the Board of County Co~missioners Meeting Room, 3rd Floor, Administration Building, County Government Center, East Naples, Florida. Ail interested parties are invited to appear and be heard. Copies of the proposed Resolution are available for inspection at the Collier County Clerk's Office, 4~h Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Section, 2.~00 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and..5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to October 14, 1997, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: (SEAL) /s/Sue Barbieretti, Deputy Clerk September 15, 1997 Mr. George Varnadoe, Esq. Young, VanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 RE: Notice to Public Hearing to consider Petition CP-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, October 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: DY Associates Joint Venture September 15, 1997 DY Associates Joint Venture 4001 North Tamiami Trail, Suite 350 Naples, FL 34108 RE: Notice to Public Hearing to consider Petition CP-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, October 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: George Varnadoe 1 2A-l" RESOLUTION NO. 97- A RESOLUTION APPR, OVING A PROPOSED AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS BY AMENDING THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT OF THE AGRICULTURAL/RURAL - MIXED USE DISTRICT OF THE AGRICULTURAL/RURAL DESIGNATION OF THE FUTURE LAND USE DESIGNATION DESCRIPTION SECTION BY ALLOWING A REALLOCATION OF AN UNSPECIFIED NUMBER OF DWELLING UNITS FROM THE FIDDLER'S CREEK DRI, LOCATED IN THE URBAN COASTAL FRINGE SUBDISTRICT AND URBAN RESIDENTIAL FRINGE SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT OF THE URBAN DESIGNATION, TO CERTAIN LANDS ADDED TO THE FIDDLER'S CREEK PUD, LOCATED IN THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT, IN EXCESS OF ONE DWELLING UNIT PER FIVE ACRES. WHEREAS, Collier County, pursuant to Section 163.3161, et. s~'A,, Florida Statutes. the Florida Local Government Comprehensive Planning ~nd Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments ~o amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, George Vamadoe, of Young, van Assenderp and Vamadoe, P.A., representing DY Associales Joint Venture, contract purchaser, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element of the Growth Management Plan by allowing reallocatior~ of' an unspecified number ol~ dwelling units in the exi,',ting approved Fiddler's Creek DRI to certain landis added to the Fide;let's Creek PUD, in excess of one dwelling unit per five acres. WHEREAS, Ihe Collier County Planning Commission has considered the proposed a~.~ndment to the Future Land Use Element of the Growth Plan pursuant to the authority r~,ranted to it by Section 163.3174, Florida Statutes (1995). and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendment and DCA must transmit, in wdting Io Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and 12A i WHEREAS, Collier County, upon receipt of the wri[tan comments from DCA must adopt,. adopt with changes or not adopt the proposed Growth Management Plan Amendment, within sixty (60) days of such raceipt pursuant to Section 163.3184, Florida Statutes; and WI-IEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adc_4:)ted Growth Management Plan Amendment, must review and doter'mine if the Plan Amendment is in compliance with the Local Government Comprehensive Planning and Land Development Act 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Flodda, that: The Board hereby approves this proposed amendment to the Future Land Use Designation Description Section of the Future Land Use Element of the Growth Management Plan, Agricultural/Rural Designation. Agricultural/Rural - Mixed Use DisVict, Agricultural/Residential Subdistrict, in accordance with Section 163,3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit 'A" and incorporated by reference herein, for the purpose of transmittal to the Department of Community ACfairs thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption and State determination of compliance. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of ., 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: BY: TIMOTHY L. HANCOCK, Chairman MARJORIE M. STUDENT Assistant County Attorney CP-97-3 Transmittal Resolution EXHIBIT 'A' Amend the existing Future Land Use Element of the Growlh Management Plan to allow the reallocation of an uns~ numbe~ of dwelling units in the exist~ approved Fiddleds Creek DRI located in ~e Urban designated area to certain lands added to We Fiddler's Creek PUD located In the AgdculturaFRuml designated area, In excess of one dwelling unit per ~'e actor. The proposed text change is to the Agricultural/Rural Designation, Paragraph A. 1., page LU-I-39, as follows: Paragraph A.1. of the Agricultural/P, ural Designation of the Futura Land Use Designation Descdpfion ~ A. Agricultural/Rural - Mixed Use District / 1, Agricultural/Residential Subdlst~lct The purpose of this Subdlstdc~ I~ to protect and encpu, rage agricultural aca'vitles while providing for Iow density residential use In ou~ areas, Residential ~ uses may be allowed at a maximum density of 1 unit per 5 gross acres, ~lstJng unl~,.~ a~_~roved for the Fid, d~l~S Cree. JL.D.~ J:t~3d:~_~ted to those part~ of Sections 18.19 end 29. Townsh_tp 51 South. Range~ 27 F~st_ added to Fiddler'S C~eek PUD at a dsns~ _o~eater than 1 unit ~' .~ _moss acres oroytded that rm new units are added to tt~e DRI and South Florida Wate~ Mart _~,~ment District !urisdlct~n~l yy.e.~3dS_~acted by the DRI In said Sections do not exceed 10 acres. Words underlined are additions; Words :'.".:'ck °~r~.~'gh are deletions. NapLes Oat Ly Nasa Affidavit of Pubttcatto~ ~O~RO OF COUNTY C¢~HISSIC~ERS RTTH: NANCY SALOGU~ ¢0 BOX ~1~016 NAPLES FL ~4101-~016 REFEREtlCE: 0012~1 1111~'5176491 $757'J255 HOTICE OF PROPOSED C State of Florida County of collier Before the tander$tgned authority, persooatly ap~-ared B. ~, ~ ~ ~th ~y~ t~t ~he aerve~ ~s As~tst~t Cat,rate S~cretary of the ~tes , Daily F~v~, · ~ily n~s~r ~Lt~ tn CoLLie~ C~ty, FLort~: t~t t~ n~s~r ~ ~te* Affi~t furtF~ ~* t~t the ~id C~LLier C~ty, FLori~ ~ t~t t~ ~Jd ~r ~s ~retofore ~n ~tter at t~ ~st otfice in a~t~, ~lLter C~:ty, Florida, for m ~ri~ of 1 ~r ~xt pr~t~ the firat ~Li~t$~ mtta~ t~ of ~ertt,e~nt; &~ aff$~t furt~r ~ t~t ~ke ~s neither ~td ~r di,c~t, re~te~ c~ia~t~ or ref~ ~or t~ ~e of securt~ this ~erti~t for ~Lir~ti~ tn the ~id ~r. PUt~LISHED CX~: 10/06 A~) SPACE: 12&.O00 INCH FILED OH: 10/06/97 $igr~ture of Affi~t 12/ I RESOLUTION NO. 97- 392 A RESOLUTION APPROVING A PROPOSED AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS BY AMENDING THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT OF THE AGRICULTURAL/RURAL - MIXED USE DISTRICT OF THE AGRICULTURAL/RURAL DESIGNATION OF THE FUTURE LAND USE DESIGNATION DESCRIPTION SECTION BY ALLOWING A REALLOCATION OF AN UNSPECIFIED NUMBER OF DWELLING UNITS FROM THE FIDDLER'S CREEK DRI, LOCATED IN THE URBAN COASTAL FRINGE SUBDISTRICT AND URBAN RESIDENTIAL FRINGE SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT OF THE URBAN DESIGNATION, TO CERTAIN LANDS ADDED TO THE FIDDLER'S CREEK PUD, LOCATED IN THE AGRICULTIJRAL/RESIDENTIAL SUBDISTRICT, IN EXCESS OF ONE DWELLING UNIT PER FIVE ACRES. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Cornprehensive Planning and Land Development Regulation Act. was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County G~cwth Management Plan on Januaw 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, George Varnadoe, of Young, van Assenderp and Varnadoe, P.A., representing DY Associates Joint Venture, contract purchaser, has submitted an application to the Collier County Planning Services Depadment to amend the Future Land Use Element of the Growth Management Plan by allowing reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI to certain lands added to the Fiddler's Creek PUD, in excess of one dwelling unit per five acres. WHEREAS, the Collier County Planning Commission has considered the proposed amendment to the Future Land Use Element of the Growth Plan pursuant to Ihe authority granted to it by Section 163.3174, Florida Statutes (1995), and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendment and DCA must transmit, in writing to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan Amendment, must review and determine if the P~an Amendment is in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THF' 'CORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: The Board hereby approves this proposed amendr'nent to the Future Land Use Designation Description Section of the Future Land Use Element of the Growth Mansgement Plan, Agricultural'Rural Designation, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistdct, in accordance with Section 163.3184, Florida Statutes. 'The text of the amendment is attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption and State determination of compliance. THiS RESOLUTION ADOPTED after motion, second and majority vote this ,/? /~ dayof ~"~ ~ ,1997. ?':..../n:.Es,'r:.- :?, " .':~- .';,; DWIG~T/I~. ~DCK, Clerk ~Proved as to form and legal sufficient: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L/'HAN C'OC K~ - Chairman -- MAF~JO~JE M. sT'J'D[=NT Assistant County Attomey 12A 1 EXHIBIT 'A" Amend the existing Future Land Use Element o[ the Growth Management Plan to allow the realloc3tion gl' an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI located in the Urban designated area to certain lands added to tho Fiddler's Creek PUD locater: in the A§ricuiturallRural designated area, in exc,~ss of one dwelling unit per five acres. The proposed text change is to the Agricultural/Rural Designation, Paragraph A.I., page LU-1-39, as follows: Paragraph A. 1. of the Agricultural/Rural Designation of the Future Land Use Designation Description Section A. Agricultural/Rural - Mixed Use District 1. Agricultural/Residential Subdistdct The purpose of this Subdistdct Is Io protect and encourage agricultural activities while providing for low density residential use in outlying areas. Residential land uses may be allowed at a maximum density o1' 1 unit per 5 gross acres. Existing units ap,Droved for the Fiddler's Creek DRI ma_v be reallocated [0 those Darts of Sections 18 and 19. Tow~shl.o 51 South. Range 27 East. ~ to Fiddler's Creek DRI t~_ether with Dart of Section 29. Tow~shl.~ 51 South. Range 27 East. a~ greater than 1 unit Der 5 gross acres ,Drovided that no new units are added to the 6.(Y',X) previously ao~roved units, which results in a gross density, of 1.6 units .Der acre for the Fiddler's C~ .:~k DBJL..and further provided that no residential units shall be located on that DOrtiOn ~thin the Fiddler's Creek DRI: end further ,Drovided that South Florida Water JV_zAQ~ement Districti~[.isdiction~l wetlands impacted b..v_Jb.~[2B4[g_s~d Sections do not exceed .1.~_acres. Words Mndedine~ are additions; Words str',.~,,.~, ..*hrcu~.h are deletions. 12A-1 Ieague of Women Voters of Collier County Collier County Board of Co~nissioners Collier County Government Center 3301. Tamiami Trail East, Naples, Florida 34112 Tim Hancock Tim Constantine John Norris Bar~ra Berry Pam ~c'Kie Oct. 14, 1997 Dear Commissioners, In the p~st the League of Women Voters of Collier County has opposed and continues to oppose efforts to expand the urban boundary into areas of the county designated as agricultural/rural. This amendment to the Comprehensive Growth ~anagement Plan proposes to do exactly that. The establishe~.~ urban boundary should be preserved and retained as it now stands. The League of Women Voters urge the Co~msissioners to reject this amendment to the Comprehensive Growth ~nagement Plan. Sincerely, Pat Clark, Cresident 660 9th Street N., Suite 35B · Naples, Florida 34102 · Phone (941) 263-4656 · Fax (941) 263-4656 ,';1'o: CLerk to the Boa~d: place the following ~-s /-----7' Other: Address of any pers~x~(s) :: be r~,tified by Clerk's Office: R. Bruce Anderwson j Ygun_a, VanA.~.~ender ,ore space n<~ed, ,::~h ~-~ ,to sh~c) & .Varnadoe, P.A., 801 Laurel Oak Drive Suite Naples, Fla. 34 108 Eearir~g k~.fore: L XX/ ~CC [ Re<~.,.~s~e~ hearing date: Petition NO. PUD-85-29(1), H. Uruce Anoerson o£ ~oung, ; .' varu~ssenderp and Varnadoe, P.~., representing 3i~ Colosimo, 'Trustee, requesting an amendment to the Naples ~ateway PUD for.the purposes of bringing the PUD Document into compliance with the current Collier County Land Development Code; reducing the maximum building height from 3 stories over .parking to three.stories or 35 feet maximum; increase · ."setbacks from 30 feet to 50 feet for one story buildings and ...to 90 feet for two and three story structures adjacent to .'Livingston Woods'Lane;' include an eight foot masonry wall " .-.along the'rear property line; architectural controls to !':.encourage'harmonious'relationships between buildings and · %uses; more restrictive signage requirements than required by · the LDC; .increase.landscaping requirements along internal __/ ZLA ~ Other 9/23/97 I~ased o~ advertis~mt n~-~>earing _1~.' .~ys before hearirx~. · }.roadways and to the rear of the property; prohibit placement · '-~.of fast food restaurants, convenience stores, and gasoline '.service'stations,'!'within 300 feet of Livingston Woods Lane .".7?andTprohibit loudspeakers or public address systems, for .......' property'located 'on the north side of Pine Ridge Road, east ...f- :.of Livingston Road, :in Section 7, Township 49 South, Range 26 ,., ~'.... "East; ~Collier County, Florida, consistina OE 13.45 acres. ............................................. ............................. Oivisi~ Re~ . Date C~ ~9~r Date DISTRI~I~ IWST~TI~S A. For hearir~s befor~ BCC ce- ~ZA: Initiating person to c~lete ~ ~ ~ ~tain DivisJm Me~ a~r~l ~fore ~Jtti~ to C~ ~- NOTE: ~f [~a[ ~t is {~1~, ~ sure th*t a~ ~essa~ t~zt revi~, r~t for s~, {s ~ to C~ Attor~y ~fore s~itt[~ to Cm~ty Na~e~. The ~ger's Office distri~e . ;.. ,..: . ..... ,..,...~.~,....~ ~,,~ ~ ~ f.~ . . , .. . ,- 12~ 2- _FAx__ :l~: (9,,'.,1) ~ ~o: (941} 12B August 6, 1997 Jim Colosimo, Trustee 4099 Tamiami Trail North, Suite 305 Naples, Florida 34103 RE: Notice to Intent to consider Petition PUD-85-29(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: R. Bruce Anderson August 6, 1997 R. Bruce A~derson Young, vanAssenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 RE: Notice to Intent to consider Petition PUD-85-29(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Jim Colosimo 12B 2 August 6, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition PUD-85-29(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 23, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER CO~qTY LAND DEVELOPmeNT CODE, W~HICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NLrMBERED GGE01 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNO?~ AS NAPLES GATEWAY PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), EAST OF LIVINGSTON ROAD, IN SECTION 7, TOWNSHIP 49 SOUTH, RA/4GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.45 ACRES; PROVIDING FOR THE REPEAL OF ORDINanCE ~K/SfBER 85-29, AS AMENDED, THE FOR~R GATEWAY PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-85-29(1), R. Bruce Anderson of Young, vanAssenderp and Varnadoe, P.A., representing Jim Colosimo, Trustee, requesting an amendment to the Naples Gateway PUD for the purposes of bringing the PUD doc~nent into compliance with the current Collier County Land Development Code; reducing the maximum building height from 3 stories over parking to three stories or 35 feet maximum; increase setbacks from 30 feet to 50 feet for one story buildings and to 90 feet for two and three story structures adjacent to Livingston Woods Lane; include an eight foot masonry wall along the property line; architectural controls to encourage harmonious relationships between buildings and uses; more restrictive signage requirements than required by LDC; .increase landscaping requirements along internal roadways and to the rear of the property; prohibit placement of fast food restaurants, convenience stores and gasoline service stations within 300 feet of Livingston Woods Lane and prohibit loudspeakers or public address systems, for property described above (consisting of 13.45 acres). Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the 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 12B 2 the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (S~L) 12B 2 ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING P~EGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE01 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLAY, NED UNIT DEVELOPMENT KNOWN AS NAPLES GATEWAY PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), EAST OF LIVINGSTON ROAD, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.45 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 85-29, AS ~ENDED, THE FORMER NAPLES GATg~AY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp and Varnadoe, P.A., representing Jim Colosimo, Trustee, 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 CO~4ISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 85-29, as amended, known as the Naples Gateway PUD, adopted on June 18, 1985 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- 12B SECTION THR$~: 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, F].orida, this __ day of , 1997. ATTE~: DWIGHT E. BROCK, CLERK BOARD OF C6UNTY'COM~ISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~--~ORIE M. STUDENT ASSISTA~T COtrNTY ATTORNEY BY: TIMOTHY L. HANCOCK, CHAIRFdkN PUD-85-19(1) ORDINANCE/19122 2' NAPLES GATEWAY PLANNED UNIT DEVELOPMENT W:\1996k96063 %RLD~P UD.DOC Prepared for: The Naples Gateway Land Tru~ Prepared by: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Young, VanAssenderp & Vamadoe 801 Laurel Oak Drive, Ste. 300 Naples, FL 34108 HMA File No. 96.63 Revised 6/30/97 December 23, 1996 Date Filed: Date Review by CCPC: Date Approved by BCC: Ordinance No: 12B 2 TABLE OF CONTENTS Page SECTION I - Statement of Compliance SECTION II - Property Ownership, Legal Description and Short Title SECTION III - Statement of Intent and Project Description SECTION IV - General Development Regulations SECTION V - Permitted Uses & Dimensional Standards SECTION VI - Transportation Requirements SECTION VIi - Utility and Engineering Requirements SECTION VIII - Water Management Requixements SECTION IX - Environmental Requirements PUD Master Plan Masom'y Wall Detail EXH/BITS 3 4 5 6 I1 14 15 16 17 12B 2' SECTION I STATEMENT OF COMPLIANCE The development of 13.45 acres of property in Section 7, Township 49 South, Range 26 East, as a Planned Unit Development to be known as the NAPLES GATEWAY PUD will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The subject property is located in an Interchange Activity Center as designated in the Future Land Use Element of the Collier County Growth Management Plan. 1.2 Activity Centers are the preferred locations for the concentration of commemial uses and permit the full array of such uses. 1.3 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.4 The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L ofthe Future L~d Use Element. 1.5 The project contains a mix of commercial uses combined with architectural controls and extensive screening and buffering that are designed to make the project compatible with and complementary to both nearby planned commercial and residential land uses, as required by Policy 5.4 of the Future Land Use Element. 1.6 All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. 12B 2 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE 2.1 PROPERTY OWNERSHIP The property is owned by the Naples Gateway Land Trust. 2.2 LEGAL DESCRIPTION Tracts 29, 44 and 45 Golden Gate Estates Unit No. 35 as recorded in Plat Book 7, Page 85 of the Public Records of Collier County, Florida LESS road Right-of-Way described in OR 866, Pages 1663 & 1664 and OR 901, Pages 304 & 305 o£the Public Records of Collier County, Florida, containing 13.45 net acres more or tess. 2.3 SHORT TITLE This ordinance shall be known and cited as the 'NAPLES GATEWAY PLANNED UNIT DEVELOPMENT". SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 128 2 3.1 INTRODUCTION The developer's intent is to establish a Planned Unit Development meeting or exceeding the applicable standards of the Collier County Land Development Code. It is the purpose of this document to set forth guidelines for future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIP'I]ON The project is comprised of 13.45 acres, more or less, and is located on the north side of Pine Pddge Road, approximately one half mile to the east of Livingston Road. 3.3 LAND USE PLAN The project permits a range of commercial uses to meet neighborhood shopping needs as well as the motoring public traveling to and from 1-75. The PUD Master Plan depicts a wetland preserve area, internal circulation, open spaces, landscape buffer areas, and external access points. The PUD Master Plan is designed to be flexible inasmuch as the size and configuration of commercial areas will not be finally determined tmtil subdivision approval is obtained. 3.4 PROJECT PHASING The anticipated time for build-out of the entire project is six (6') years or by December 31, 2003. 4.1 4.2 4.3 12B SECTION IV GENERAL DEVELOPMENT REGULATIONS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses. GENERAL Regulations for development of the NAPLES GATEWAY PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and the Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, .such as but not limited to Final Subdivision Plat, Final Site Development Plan Approval, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Co Ali conditions imposed and all graphic material presented depicting restrictions for the development of the NAPLES GATEWAY 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, other provisions of the Collier County Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a Concurrency review under the provisions of Div. 3.15 of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan Approval, or building permit issuance applicable to this development. SITE CLEARING AND DRAINAGE Clearing, grading and earthwork shall be in accordance with Section 3.2.8.3.6 of the Collier County Land Development Code, and site drain, age work shall be in accordance with Section 3.2.8.3.7 of the Collier County Land Development Code. 12B 2 4.7 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on those buildable POrtions of the project site are such that there is'a surpl~s of earthen materiall then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Sec. 3.5.5.1.3, Land Development Code, whereby off-site removal shall not exceed ten (I0) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Pl,'mning Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All provisions of Sec. 3.5, Land Development Code are applicable. 4.8 SUNSET AND MONITORING PROVISIONS The NAPLES GATEWAY PUD shall be subject to Sec. 2.7.3.4, of the Collier County Land Development Code. Time Limits for Approved PUD Master Plans and Sec. 2.7.3.6, Monitoring Requirements. 4.9 POLLING PLACES Any community recreation/public building/public room located within the NAPLES GATEWAY PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Sec. 2.6.30 of the Collier County Land Development Code. 4.10 NATIVE VEGETATION RETENTION REQUIREMENTS The project shall preserve native habitat, in accordance with the provisions of Section 3.9.5, Vegetation Removal, Protection, and Preservation Standards, of the Collier County Land Development Code. 4.11 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a property owners association. 1.,28 2 4.12 4.13 (1) (2) (3) (4) ARCHITECTURAL STANDARDS All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the 'buildings, signs, 'and walls to be erected on the site. Landscaping and strcetscape materials shall also be similax in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shal' .~e constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A concep.mal design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards, including any applicable requirements of Division 2.8 of the Collier County Land Development Code pertaining to architectural and site design guidelines that may be in effect. LANDSCAPING AND BUFFERING Landscaping and buffering shall be in accordance with Division 2.4 of the Collier County Land Development Code, including the following requirements: A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. A ten (10) foot wide Type "A" Buffer shall be provided along the easterro'westem PUD boundaries with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the northern side of an eight (8) feet tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme ,,',':,th the other buildings and signage within the PUD, as described in Section 4.12 of this PUD Document, and be installed and maintained with the finished side out towards Livingston Woods Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, along the southern side of the wall, there shall be planted at least forty-five (45) Red Maple trees, or similar species, that are at least eight (8) feet tall. A five (5) foot wide buffer along both fides of the internal roadway shall be provided with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs 12B 2 (5) (6) 4.14 4.15 spaced a minimum of three (3) feet on<enter. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. Buffering between other internal parcels shall include a five (5) foot wide buffer along each parcel to be developed, with trees spaced a minimum of twenty (20) feet on-center and a single row of ~hrubs spaced a minimum of three (3) feet on<enter. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. Required landscaping shall be maintained and, when it dies, such landscaping shall be replaced within ninety (90) days. SOLID WASTE Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.12 of this PUD Document. L!GHTFNG Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted on all lots fronting on Pine Ridge Road. I.ampposts not exceeding a height of twelve (12) feet shall be permitted on lots abutting Livingston Woods Road. Lighting shall meet the architectural standards further described in Section 4.12 of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residential properties. 4.16 4.17 SIGNS Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.12 of this PUD document. ARCHJ\EOLOGICAL RESOURCES Such resources shall be subject to the requirements of Section 2.2.25 of the Collier County Land Development Code. 10 -' 128 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS 5.1 PURPOSE The purpose of this Section is to identify pen-nitted commercial uses and development siandards for areas within the NAPLES GATEWAY PUD designated on Exhibit "A", PUD Master Plan. 5.2 GENERAL DESCRIPTION The land use acreage tabulations for the Naples Gateway are depicted on the PUD Master Plan. This acreage is based on conceptual designs and is subject to further refinement. Actual acreages for developmental and open space areas will be provided at the time of approval of the Preliminary Subdivision Plat. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Amusements and recreation services, indoor (groups 7911 except discotheques, 7929, 7991). 2. Apparel and accessory stores (groups 5611-5699). 3. Automotive dealers and gasoline service stations (groups 5511,5531, 5541) with services and repairs as described in Section 2.6.28 of the Collier County Land Development Code. 4. Automotive repair, services, parking, car xvashes (groups 7514, 7515, 7542 except truck and bus washing, 7521 except tow-in parking lots). 5. Drinking Places (group 5813) only in conjunction with eating places. 6. Drug Stores and proprietary stores ( group 5912). 7. Eating establishments (group 5812). 8. Food stores (groups 5411 including supermarkets, 5421,5431 except roadside sales -5499). 9. General merchandise stores (groups 5311-5399). 10. Health sen, ices (groups 8011-8049, 8082). 11 2 11. Home furniture, furnishing, and equipment stores (groups 5712-$736). 12. Hotels and motels (group 7011). 13. Depository and Nondepository credit institutions. (groups 6011-6099) 14. Professional offices, Medical offices, and Management Consult~g Services (groups 801 l, 8741-8748) 15. Personal services (groups 7215, 7217, 7219-7261 except crematories, 7291). 16. Real estate (group 6531). 17. Any other convenience commercial use which is compatible in nature with the foregoing uses, including buildings for retail, service aad office purposes consistent with the intent and purpose of this PUD. 5.4 5.5 5.6 USES ACCESSORY TO PERMI~D COMMERCIAL USES 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the Naples Gateway PUD. DISTANCE REQUIREMENTS FOR FAST FOOD RESTAURANTS, CONVENIENCE STORES AND GASOLINE STATIONS Fast food restaurants, convenience stores, and gasoline service stations are prohibited within three hundred (300) feet of Livingston Woods Lane. Loud speakers and public address systems are also prohibited. DIMENSIONAL STANDARDS The following development standards shall apply to permitted commercial uses in the Naples Gateway PUD. 1. Minimum Lot Area: Seventeen Thousand Five Hundred (17,500) Square Feet. 2. Minimum Lot Width: One Hundred (100) feet. o Minimum Yard Requirements: a. Front Yard: Twenty Five (25)' feet. b. Side Yard: Fifteen (15) feet. 12 o 12B Rear Yard: Fifteen (15) feet, however, one (1) story structures adjacent to Livingston Woods Lane are required to be set back a minimum of: (50) feet. Two (2) and three (3) story structures are required to be set back ninety (90) feet. Maximum Height: Three (3) stories or (35) feet. Minimum Floor Area of Structures: One Thousand (1000) square feet of gross floor area. Maximum Density: Twenty-six (26) units per acre for motels and hotels. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. Distance between structures: The distance between any two principal structures shall be a minimum of twenty (20) feet or a distance equal to one-half the sum of their heights, whichever is greater. Merchandise storage and display. There shall be no outside storage or display of merchandise. 2 13 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 SECTION VI 12B TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the Project Developer. 6.1 The access points shown on the PUD Master Plan should be considered to be conceptual with respect to location along the project's frontage. The final location of any access shall be determined at the Site Development Plan stage and shall be consistent with all County Ordinances and regulations then ia effect. Any medi,-m opening or traffic signal, existing or proposed, shall be subject to the requirements of Collier County Resolution 92-422, the Access Management Policy. The developer shall provide arterial level street lighting at each project entrance onto Pine Ridge Road. Said improvement shall be in place prior to the issuance of any Certificates of Occupancy. The internal roadway design shall not permit traffic flow from the commercial area onto Livingston Woods Lane. The petitioner shall provide a future vehicular cross-access easement to the abutting parcel to the east, prior to Final Site Development Plan Approval. This roadway easement shall be maintained and operated by the developer or his designee. Each access point shall have a separate westbound right turn lane if it is to function as an entrance point. An exit-only will not require a turn lane. A continuous fight turn lane along the property frontage will not be permitted. When requested by the County, the developer shall dedicate up lo twenty (20) feet of right-of-way along the north side of Pine Ridge Road for future roadway, bike path and drainage improvements. Any reduction in lot area resulting from right-of-way dedication shall be in conformance with the requirements of Section 2.1.13 of the Collier County Land Development Code. This dedication shall occur in accordance with Section 2.2.20.3.7. Pedestrian access shall be provided between all parcels and uses ia the development, at the time of Final Site Development Plan approval for each individual tract. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permi/ted to discharge directly into any roadway drainage system. 14 .1 SECTION VII UTILITy AND ENG/I,~ER/NG purpose of this Section is to REQU/REME'NTs eVelOper, set forth the utilities, and engineering UTILITIEs commitments of the located on the so:~th side of Pine R/dge Road shall be PULnped by an . · . a plans and techn'. _on s. lte statlon to , t no cost to the . sewer including PULn . OWned and Lnai,,,~:- ?. station and fo-,,-. -P. nor to const,.,,,.o:_ Planmnt2 ., ,,c ueveloper u:_ . '~P {o the tie ;,, _ · "on-site ENG/NEER/NG , ,us asSigns or heirs '" l.~omt shall be Potable Water Will be supplied by the Coun ' existing 12 inch main Road. All -- . running east ~., ty Water se,.,,,'~- · construct/ - o.,u west · ,,,.c sYsteLn project on plans on the . throu ,., shall be - · and tecU_:_ . north s:d~ ,,r ~,. gh an rmgineerino r~__ . reviewed and a---a, uc? Specificata'o..~ ,.-"~.rme Ridge e'"CVleWServices,,,.;~.. ~provecl by the pl~nn./°r the propos~ Water mains shall be i ~",,~ ~o cOmmence,-,, .... Lng Den shall be M .... nstalled b....- .... ~.L or ~.,,....._ ~'. unent -"~u-uction Orl S:'-' · usrer Metered a,,2 ,ne aeveloper at no cost to the County maintained by the developer, his assigns Orheirs. be OWned and · '-'. on Site Water mains shall and Connect/on to the County Sewer systeLn shall be to the County force ma/n Detailed paving, grading, Site drainage Planning Services Director for review, and utility plans shall be · unless and until approval of the proposed Constructa'on in accordance With No construct/on ~...__:. su.bLn~rred to the r'-.,,rs sI~all be issued subLnitted plans is granted by th,. Planning Services D/rector. the Design and construct/on . iT;~d~,.aP.?'cable provis;fn:l!,.l.m, pr°vements shat, · 's mose sctforth ~ ,-,..~/toe Collier c,_. , .be subject to COmpIian '" ~'lvlslon Three (3). ,--uunty Land Devel~.-- cc "$,ment Code, subse ...... oraLnances or c--' ,o satisfy the ....p r, are hereby ~. uucnt develo-- . uues in err-... . 'cqu/a'emen,,. _.- Plans and a ......wnent order rent;..- .-.~.;.t. Prior to or ..o ,-,tall Court devel,-,~- '-..,.r outer applicat~,,., ,,_ . ,,g to mas site ' ... Concurrent w' .~. · '-'pment order. '""' that Will result ~,, :l_n. Cludmg Site nev,.,I~ any -. u:c Issuance o" - '-,upment :a Imal or local 1:5 12B 2' SECTION VIII WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the Project Developer. 8.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director 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 Planning Services Director. 8.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. 8.3 Lza~dscaping shall not be placed within thc water management ~e~ unless specifically permitted by the Collier County Land Development Code. 8.4 An excavation permit shall be required for the proposed lake in accordance with Div. 3.5 of the Land Development Code and South Florida Water Management District Rules. 8.5 The subject property is currently under common owners~p with the adjacent property to the west. Under this circumstance, a water management system may be shared with property to the west and the cypress area within this system as generally depicted on the PUD Master Plan, shall be preserved and enhanced. Alternatively, water management areas may be configured along the northern edge of the planned development. 16 12B 2 SECTION IX ENVIRONME2qTAL REQUIREMENTS The purpose of this section is to set forth the environmental requirements of the project developer. 9.1 The project shall meet all pertinent 14 environmental related requirements of the Collier County Growth Management Plan, including the Coastal Zone and Conservation Management Element, in effect at the time that requests are made for Site Development Plan approval. 9.2 A wetland preserve area is depicted on the PUD Master Plan. This wetland is under common ownership with the adjacent property to the west. The project's plan for development is to preserve this wetland area in its entirety and to enhance it with shared water management between the two properties. 9.3 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Perm_it rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 9.4 All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. 9.5 An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Envkonmental Review Staff for review and approval prior to final site plan/construction plan approval. 9.6 Proof of ownership for the adjoining property to the west shall be provided to Current Planning Review Staffprior to Final Site Plan Approval. 17 TH~S X~C_X o~ky. S~c~ SrX~ m' 3.2B 2 LAKE ~ It,I TI'IlS PARC~. PHASE FOR TI'IlS WAT"'~R MANA~E~rr U^y BE LOCATED IN OFF'SITE ? RiDQE ROAD ;,E~.j._-L. OPPENT S=j~ P.O~. 1 tB 2 AT TORi~ ~.¢$ at NAPbES ;:U~USt :.5. 1997 .... A.7..:'iMiL= ;l'~U )-':;L .'LA.R 2-tAiL on ~ __. is to fo-~m~!-z . ~_~.A,.~.~,4 for Seo:ember ~3~ b~ T,.~s ]o~ter ',, re~est :hat the ..... ~v C~mmission hearing the abcve ueferenc~d ~rojec% which is ~.- ........ ~ C rescheduled for Oc=ober ~, The planner an :he pro~e..u, Rober Duane, wi~l be cuC of t:wn the week cf September 23 and :hat is :he reason for our raques~ i wsul~ suggtst ~ha~ -/cu announce this change in the Board · . D ' .~ C~miss~- hearing on Chis hearing date at ...e uDsorznc .la ....... = Petition. Should ycu hava an'/ questions, pleaze 5o hOC hesi:ate to contact me. Thank you. Slncere~y, .:t. ~_ruce A_uderscn cc: :4aureen Kenyon, Clerk to the Boar~ - Minu~es & .Records jim Colosimo Jim Hiircnen Robert Duane KBA/bd interoffice memo Da~,e: August 18, 19~7 TO: Clerk to BCC FROM: Cecilia Martin SUB3: Gatcw-a~PUD-$5-29(1) Thc petition was originally scnt up for thc BCC meeting cd' Scptcmbcr 23'~, howcvcr, thc petitioner has requested this l:x:tition be heard on October 14, 1997. CC: Barbara Peflone Johnnie Gebhardt Adv. File YOUNO, VAN ~SSENDERP ~ VAHNADOE, P.A. ATTORNEYS AT LAW TO: NAPLES August 15, 1997 VIA FACSIMILE AND RE~ MAIL Bryan Milk Principal Planner Planning Services Division Collier County Development Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: Gateway PUD Petition No. PUD 85-29(1) Dear Bryan: This letter is to formally request that the County Commission hearing on the above referenced project which is scheduled for September 23, be rescheduled for October 14. The planner on the project, Robert Duane, will be out of town the week of September 23 and that is the reason for our request. I would suggest that you announce this change in the Board hearing date at the upcoming Planning Commission hearing on this Petition. Should you have any questions, please do not hesitate to contact me. Thank you. Sincerely, R. Bruce Anderson cc: ~ Jim Hiironen Robert Duane RBA/bd 2 *colo~ imo\gat eway\mi ! k. ltr 12B ililillllll'llllll!!llllllillllillillllllllllllillliilllill, illlll ~xm'lm: (81.3) 774.8406 TOTRL ~ 80 'i August 19, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition PUD-85-29(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, September 28, 1997, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Kindly disregard Sue Barbiretti's August 6, 1997 co~nuni~ation, requesting that this petition be advertised on September 7, 1997. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 704259 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, OCTOBER 14, 1997~. in the Boardroom, 3rd Floor, Administration Building, Collier ~ounty Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County ComMissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINanCE AMEI~DING ORDINanCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMEN"£ CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGUI2%TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~4ENDING THE OFFICIAL ZONING ATLAS F~P ~ERED GGE01 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES GATEWAY PUD, FOR PROPER~£ LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), EAST OF LIVINGSTON ROAD, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COD~TY, FLORIDA, CONSISTING OF 13.45 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NLrMBER 85-29, AS AMIENDED, THE FORMER GAT~AY PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-85-29(1), R. Bruce Anderson of Young, vanAssenderp and Varnadoe, P.A., representing Jim Colosimo, Trustee, requesting an amendment to the Naples Gateway PUD for the purposes of bringing the PUD document into compliance with the current Collier County Land Development Code; reducing the maximum building height from 3 stories over parking to three stories or 35 feet maximum; increase setbacks from 30 feet to 50 feet for one story buildings and to 90 feet for two and three story structures adjacent to Livingston woods Lane; include an eight foot masonry wall along the property line; architectural controls to encourage harmonious relationships between buildings and uses; more restrictive signage requirements than required by LDC; increase landscaping requirements along internal roadways and to the rear of the property; prohibit placement of fast food restaurants, convenience stores and gasoline service stations within 300 feet of Livingston Woods Lane and prohibit loudspeakers or public address systems, for property described above (consisting of 13.45 acres). Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the 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 1.2B the appeal is based. BOARD OF COUNTY COF/4ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) August 19, 1997 Mr. R. Bruce Anderson Young, vanAssenderp & Varnadoe, P- A. 801 Laurel Oak Drive, suite 300 Naples, FL 34108 Re: Public Hearing to Consider Petition PUD-85-29(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on sunday, Sept.ember 28, 1997. You are invited to attend this public hearing. sincerely, Ellie Hoffman, Deputy Clerk Enclosure NapLes gaily HeYs '" :~,,: tiapLes, FL 339~0 Affidavit o( PubLication .... V NapLes gaily Ne~S BOARD OF COL~TY COMtqZSSZO~ERS ATT~: ~IANCY SALOGU8 PO aOX 413,0'16 NAPLES FL. REFEREHCE: CX712~0 ?0~259 5756~56~ NOTICE OF 2NTEf4T TO State of FLorida C~ty of CotL~er Before t~ ~er~l~ aut~rity~ ~r~atty ~r~ B. ~, ~ ~ ~th says that she se~e~ as Assistant Cat.rate Secreta~ of the N~Les gaily ~s. a ~tly ~as~r ~t~sh~ at ~ptea. ~n CoLd,er C~ty. FLorJde: t~t t~ atta~ Afft~t furt~r ~s t~t t[~ ma~d ~Ces N~s ~s a n~s~r p~L~ at CoLLier ~n~/ Ftort~. ~ t~t n~a~r ~ ~retofore ~ ~tt~Ly ~Lt.~ in ~(d ~Lt(er ~ty~ FLorJ~ ~ ~ ~s ~ ~ter~ as se~ ctas~ ~tter at t~ ~Jt off,ce ~n ~tes, ~n Co[L~er ~ty~ FLori~. for a attac~ ~ of ~rt~s~t; ~ aff~t furor ~s t~t s~ ~s ~t~r p~la~ ~ ~r~. ft~ or ~ratJ~ d~m~t, r~te. ~t~et~ or ~se ~ se~rJ~ tht~ ~ertJ~t for ~Z~EO ~: ~/~ AD SPACE: 133.000 INCH FILEg 0~: 09/~9/97 S~gnature of Affiant Svorn to m~d Sub, crtbed before -- ,h,. 128 My COMMSSK)N A CC508787 ~(P1RES 2OOO 12B 2 ORDINANCE 97- 49 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER CO~TY 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 GGE01 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES GATEWAY PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), EAST OF LIVINGSTON ROAD, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.45 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 85-29, AS AMENDED, THE FORMER NAPLES GATEWAY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp and Varnadoe, P.A., representing Jim Colosimo, Trustee, 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; The zoning Classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The official Zoning Atlas Map numbered GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. ordinance Number 85-29, as amended, known as the Naples Gateway PUD, adopted on June 18, 1985 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 12B 'SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Co~unissioners of Collier.County, Florida, this /~7~day of ~_~~, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TiMOTHY/L. HANCOCK, Chairman M. Student Assistant County Attorney Z 12B 2 NAPLES GATEWAY PLANNED UNIT DEVELOPMENT Prepared for: The Naples Gateway Land Trust Prepared by: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Young, VanAssenderp & Vamadoe 801 Laurel Oak Drive, Ste. 300 Naples, FL 34108 HMA File No. 96.63 Revised 10113/97 December 23, 1996 Date Filed:_ Date Review by CCPCL - Date Approved by BCC: ~ Ordinanc~ No:_ 97-49 TABLE OF CONTENTS 12B 2 SECTION I - Statement of Compliance SECTION II - PropeaXy Ownership, Legal Description and Short Tide SECTION III - Statement of Intent and Projee~ Description SECTION IV - General Development Regulations SECTION V - Permitted Uses & Dimensional Standards SECTION VI - Transportation Requirements SECTION VII - Utility and Engineering Requirements SECTION VIII - Water Management Requirements SECTION IX - Environmental Requirements Page 3 4 5 6 11 14 15 16 17 EXItlBITS A. PUD Master Plan B. Masonry Wall Detail SECTION I STATEMENT OF COMPLIANCE 2 The development of 13.45 acres of property in Section 7, Township 49 South, Range 26 East, as a Planned Unit Development to be known as the NAPLES GATEWAY PUD will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The subject property is located in an Interchange Activity Center as designated in the Future Land Use Element of the Collier County Growth Management Plan. 1.2 Activity Centers are the preferred locations for the concentration of commercial uses and permit the full array of such uses. 1.3 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.4 The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. 1.5 The project contains a mix of commercial uses combined with architectural controls and extensive screening and buffering that are designed to make the project compatible with and complementary to both nearby planned commercial and residential land uses, as required by Policy 5.4 of the Future Land Use Element. 1.6 All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE 12B 2.1 PROPERTY OWNERSHIP The property is owned by the Naples Gateway Land Trust. 2.2 LEGAL DESCRIPTION Tracts 29, 44 and 45 Golden Gate Estates Unit No. 35 as r~corded in Plat Book 7, Page 85 of the Public Records of Collier County, Florida LESS road Right-of-Way described in OR 866, Pages 1663 & 1664 and OR 901, Pages 304 & 305 of the Public Records of Collier County, Florida, containing 13.45 net acres more or less. 2.3 SHORT TITLE This ordinance shall !~ known and cited as the ~IAPLES GATEWAY PLANNED UNIT DEVELOPMENT". SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 12B 3.1 INTRODUCTION The developer's intent is to establish a Planned Unit Development meeting or exceeding the applicable standards of the Collier County Land Development Code. It is the purpose of this document to set forth guidelines for future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project is comprised of 13.45 acres, more or less, and is located on the north side of Pine Ridge Road, approximately one half mile to the east of Livingston Road. 3.3 LAND USE PLAN The project permits a range of commercial uses to meet neighborhood shopping needs as well as the motoring public traveling to and from 1-75. The PUD Master Plan depicts a wetland preserve area, internal circulation, open spaces, iand.w, ape buffer areas, and external access points. The PUD Master Plan is designed to be flexible inasmuch as the size and configuration of commercial areas will not be finally determined until subdivision approval is obtained. 3.4 PROJECT PHASING The anticipated time for build-out of the entire project is six (6) years or by December 31, 2003. SECTION IV GENERAL DEVELOPMENT REGULATIONS 12B 4.1 4.2 4.3 4.4 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land riseS. GENERAL A. Regulations for development of the NAPLES GATEWAY PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and the Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan Approval, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the NAPLES GATEWAY PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, other provisions of the Collier County Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a Concurrency review under the provisions of Div. 3.15 of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan Approval, or building permit issuance applicable to this development. SITE CLEARING AND DRAINAGE Cleating, grading and earthwork shall be in accordance with Section 3.2.8.3.6 of the Collier County Land Development Code, and site drainage work shall be in accordance with Section 3.2.8.3.7 of the Collier County Land Development Code. EASEMENTS FOR UTILITI ES 4.5 12B 2 Easements, where required, shall be provided for water management areas, conservation areas, utilities and other purposes as may be required by Collier County and other permitting agencies. All necessary easements, dedications or other instruments shall be granted to ensure continued operation and maintenance of all services and utilities, in compliance with applicable regulations in effect at the time approvals are requested. AMENDMENTS TO THE MASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, the configuration of lots, the location of the internal circulation system, and water management facilities, as long as the final design complies with all the applicable portions of the PUD ordinance and the building heights and setbacks are the same as depicted on the PUD Master Plan for the proposed planned commercial development. The Planning Services Director shall be authorized to approve minor changes and refinements to the NAPLES GATEWAY Master Plan upon written request of the developer based on the above and the following, in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. 1. To reconfigure lakes, wetland preserve areas, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 4.6 4.7 lnternal realignment of rights-of-way. Reconfiguration of the development envelopes where there is no encroachment into buffer areas and all pertinent setback requirements provided for in this ordinance are met. PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A" of the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan pursuant to the requirements of Division 3.2 of the Collier County Land Development Code. The Site Development Plan for individual tracts shall be submitted and reviewed in accordance with all provisions of Div. 3.3, Site Development Plans of the Collier County Land Development Code, unless otherwise provided for within this PUD, and prior to the issuance of a building permit or other required development orders. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on those buildable portions of the project site are such that 4.8 4.9 4.10 4.11 4.12 12B there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Sec. 3.5.5.1.3, Land Development Code, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Planning Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All provisions of See. 3.5, Land Development Code are applicable. SUNSET AND MONITORING PROVISIONS The NAPLES GATEWAY PUD shall be subject to Sec. 2.7.3.4, of the Collier County Land Development Code. Time Limits for Approved PUD Master Plans and Sec. 2.7.3.6, Monitoring Requirements. POLLING PLACES Any community recreation/public building/public room located within the NAPLES GATEWAY PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Sec. 2.6.30 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS The project shall preserve native habitat, in accordance with the provisions of Section 3.9.5, Vegetation Removal, Protection, and Preservation Standards, of the Collier County Land Development Code. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a property owners association. ARCHITECTURAL STANDARDS All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All 2 4.13 (1) (2) (3) 1'ZB roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards, including any applicable requirements of Division 2.8 of the Collier County Land Development Code pertaining to architectural and site design guidelines that may be in effect. (4) (5) LANDSCAPING AND BUFFERING Landscaping and buffering shall be in accordance with Division 2.4 of the Collier County Land Development Code, including the following requirements: A twenty (20) foot wide Type "D' Buffer shall be provided along Pine Ridge Road with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. A ten (10) foot wide Type "A" Buffer shall be provided along the eastern/western PUD boundaries with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. A twenty (20) foot wide Type "D' Buffer shall be provided along Livingston Woods Lane with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the northern side of an eight (8) feet tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD, as described in Section 4.12 of this PUD Document, and be installed and maintained with the finished side out towards Livingston Woods Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, along the southern side of the wall, there shall be planted at least forty-five (45) Red Maple trees, or similar species, that are at least eight (8) feet tall. A five (5) foot wide buffer along both sides of the internal roadway shall be provided with trees spaced a minimum of twenty I,20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. Buffering between other internal parcels shall include a five (5) foot wide buffer along each parcel to be developed, with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (6) 4.14 4.15 4.16 4.17 Required landscaping shall lac maintained and, when it dies, such landscaping shall be replaced within ninety (90) days. SOLID WASTE Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.12 of this PUD Document. LIGHTING Pole lighting shall be prohibited. Architecturally finished iampposts not exceeding a height of twenty (20) feet shall be permitted on all lots fronting on Pine Ridge Road. Lampposts not exceeding a height of twelve (12) feet shall be permitted on lots abutting Livingston Woods Road. Lighting shall meet the architectural standards further described in Section 4.12 of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residential properties. SIGNS Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4,12 of this PUD document. ARCHAEOLOGICAL RESOURCES Such resources shall be subject to the requirements of Section 2.2.25 of the Collier County Land Development Code. l0 5.1 SECTION V PERMIT~D USES AND DIMENSIONAL STANDARDS PURPOSE Thc purpose of this Section is to identify permitted commcreial uses and dcvclopment standards for areas within thc NAPLES GATEWAY PUD dcsignated on Exhibit PUD Master Plan. 5.2 GENERAL DESCRIPTION The land use acreage tabulations for the Naples Gateway are depicted on the PUD Master Plan. This acreage is based on conceptual designs and is subject to further refinement. Actual acreages for developmental and open space areas will be provided at the time of approval of the Preliminary Subdivision Plat. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. A~usements and recreation services, indoor (groups 7911 except discotheques, 7929, 7991). 2. Apparel and acce$~ry stores (groups 5611-5699). 3. Automotive dealers (groups 5511 and 5531) 4. Automotive repair, services, parking, car washes (groups 7514, 7515, 7542 except truck and bus washing and only in enclosed structures, 7521 except tow-in parking lots). Drinking Places (group 5813) only in conjunction with eating places. Drug Stores and proprietary stores ( group 5912). 7. Eating establishments (group 5812). 8. Food stores (groups 5411 including supermarkets but not convenience stores, 5421,5431 except roadside sales -5499). 9. General merchandise .~ores (groups 5311-5399). 10. Health services (groups 8011-8049, 8082). 11. Home furniture, furnishing, and equipment ~tores (groups 5712-5736). 11 12. Hotels and motels (group 7011). 1 ~ B 13. Depository and Nondepository credit institutions. (groups 60I 1-6099) 14. Professional offices, Medical offices, and Management Consulting Services (groups $011, 8741 °8748) 15. Persona1 services (groups 7215, 7217, 7219-7261 except crematories, 7291). 16. Real estate (group 6531). 17. Any other convenience commercial use which is compatible in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the intent and purpose of this PUD. 5.4 5.5 USES ACCESSORY TO PERMITTED COMMERCIAL USES 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the Naples Gateway PUD. DISTANCE REQUIREMENTS FOR FAST FOOD RESTAURANTS Fast food restaurants are prohibited within three hundred (300) feet of Livingston Woods Lane. Loud speakers and public address systems are also prohibited. 5.6 DIMENSIONAL STANDARDS The following development standards shall apply to permitted commercial uses in the Naples Gateway PUD. I. Minimum Lot Area: Seventeen Thousand Five Hundred (17,500) Square Feet. 2. Minimum Lot Width: One Hundred (100) feet. 3. Minimum Yard Requirements: Front Yard: Twenty Five (25) feet. bo Side Yard: Fifteen (15) feet. Rear Yard: Fifteen (15) feet, however, one (1) story structures adjacent to Livingston Woods Lane are required to be set back a minimum of: fifty (50) feet. Two (2) and three (3) story structures are required to be set back ninety (90) feet from Livingston Woods Lane. Maximum Height: Three (3) stories not to exceed 35 feet. 12 12B 2 Minimum Floor Area of Structures: One Thousand (I000) square feet of gross floor area. Maximum Density: Twenty-six (26) units per acre for motels and hotels. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. Distance between structures: The distance between any two principal structures shall be a minimum of twenty (20) feet or a distance equal to one-half the sum of their heights, whichever is greater. Merchandise storage and display. There shall be no outside storage or display of merchandise. 13 The purpose Developer. 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 s cno w ! 2 B TRANSPORTATION REQUIREMENTS of this Section is to set forth the transportation commitments of the Project The access points shown on the PUD Master Plan should be considered to be conceptual with respect to location along the project's frontage. The final location of any access shall be determined at the Site Development Plan stage and shall be consistent with ali County Ordinances and regulations then in effect. Any median opening or traffic signal, existing or proposed, shall be subject to the requirements of Collier County Resolution 92-422, the Access Management Policy. The developer shall provide arterial level street lighting at each project entrance onto Pine Ridge Road. Said improvement shall be in place prior to the issuance of any Certificates of Occupancy. The internal roadway design shall not permit traffic flow from the commercial area onto Livingston Woods Lane. The petitioner shall provide a future vehicular cross-access easement to the abutting parcel to the east, prior to Final Site Development Plan Approval. This roadway easement shall be maintained and operated by the developer or his designee. Each access point shall have a separate westbound right turn lane if it is to function as an entrance point. An exit-only will not require a turn lane. A continuous right turn lane along the property frontage will not be permitted. When requested by the County, and subject to the approval of a Developer's Contribution Agreement for road impact fee credits for the fair market value of the dedication, pursuant to Ordinance 92-22, as amended, the developer shall dedicate up to twenty (20) feet of right-of-way along the north side of Pine Ridge Road for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for purposes of determining yards, lot area or lot dimensions as provided in Section 2.2.13 of the Collier County Land Development Code. This dedication shall occur at the earlier of either the developer's convenience or within one hundred and twenty (120) days of when requested by the County. Pedestrian access shall be provided between all parcels and uses in the development, at the time of Final Site Development Plan approval for each individual tract. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. 14 S CTIOS VII ! 2 B 2- UTILITY AND ENGINEERING REQUIREMENTS The purpo~ of this Section is to set forth the utilities and engineering commitments of the Project Developer. 7.1 UTILITIES A. Potable water will be supplied by the County Water sen'ice system through an existing 12 inch main running east and west on the north side of Pine Ridge Road. All construction plans and technical specifications for the proposed project shall be reviewed and approved by the Planning Department, Engineering Review Services prior lo commencement of construction. On site water mains shall be installed by the developer at no cost to the County and shall be Master Metered. All on site water mains shall be owned and maintained by the developer, his assigns or heirs. B. Connection to the County sewer system shall be to the County force main located on the south side of Pine Ridge Road, at no cost to the County. Sewage shall be pumped by an on-site station to the County system. All construction plans and technical specifications shall be approved by the Planning Department, Engineering Review Service, prior to construction. All on-site sewer including pump station and force main up to the tie in point shall be owned and maintained by the developer, his assigns or heirs. 7.2 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director 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 the Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those setforth in Division Three (3). C. The developer, and all successors in interest to the developer, are hereby placed on notice that they shall be required to satisfy the requirements of all County development 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 or local development order. 15 s .cr os vm 12 8 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the Project Developer. 8.1 8.2 8.3 8.4 8.5 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director for review. No construction pemfits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Planning Services Director. Design and construction of all improvements shall be subject to compliance with th~ appropriate provisions of the Collier County I...~d Development Code. Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. An excavation permit shall be required for the proposed lake in accordance with Div. 3.5 of the Land Development Code and South Florida Water Management District Rules. The subject property is currently under common ownership with ff~.e adjacent propetay to the west. Under this circumstance, a water management system may be shared with property to the west and the cypress area within this system as generally depicted on the PUD Master Plan, shall be preserved and enhanced. Alternatively, water management areas may be configured along the northern edge of the planned development. 16 SECTION IX ENVIRONMENTAL REQUIREMENTS 12B The purpose of this section is to set forth the environmental requirements of the project developer. 9.1 The project shall meet all pertinent 14 environmental related requirements of the Collier Count3' Growth Management Plan, including the Coastal Zone and Conservation Management Element, in effect at the time that requests are made for Site Development Plan approval. 9.2 A wetland preserve ,asea Js depicted on the PUD Master Plan. This wetland is under common ownership with the adjacent property to the west. The project's plan for development is to preserve this wetland area in its e. ntirety and to enhance it with shared water management between thc two properties. 9.3 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 9.4 All conservation areas shall be designated as conservation/preservation tracts or easements on ali construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. 9.5 An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. 9.6 Proof of ownership for the adjoining property to the west shall be provided to Current Planning Review Staffprior to Final Site Plan Approval. 17 I I 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-49 Which was adopted by the Board of County Commissioners on the 14th day of Octol::~r, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of October, 1997. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of Cour~y Commiss;~,.gners Deputy Clerk. .. COLLIER CouwrY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to ~hc Board: Pica.se pl~c¢ the followinR ~ a: X Normal legal Advertisement [] Other: (Display Adv., location, clc.) ,'~2 t~ ~ · 9) ' Originating Dept/Div: F~'ilities ManagemenVSupport Services Pcrson: Skip Camp Dale: 9/9/97 Petition No. (If none, give brief description): Ordinance lo amend Collier County Parking Ordinance No. 80-47 Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach scparalc sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing I0 days before hearing. 10114/97 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other [] Legally Required Proposed Tcxl: (Include legal description & common location & Size: Request that th~ Board of County Commissioners consider adoption of an ordinance, amending Ordinance No. 80-47 called Thc Collier County Parking Ordinance, raising parking fines and other substantial amendments. Companion petition(s), if any & proposed heating date: None Does Petition Fee include advertising cos1? [] Yes X No If Yes, what account should be charged for advertising costs: 001- 122240 Dale Approved by: County Managcr Dale DISTRIBUTION INSTRUCTION~ For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. Date Received: ql!;l.I ~ '~ Date of Public hearing: lO Da,e Advertised: 12C ~ September 12, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Intent to consider Ordinance amending Ordinance No. 80-47 Dear Judi: Please advertise the above referenced notice one time on Friday, October 3, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 001-122240-649100 September 12, 1997 Mr. Skip Camp, Director Collier County Government Center Facilities Management/Support Services, Bldg. W 3301 Tamiami Trail North Naples, FL 34112 RE: Notice to Intent to consider Ordinance amending Ordinance No. 80-47 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Con~nissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, October 3, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 1_2C I NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY~ OCTOBER 14~ 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80-47, AS AMENDED, THE COLLIER COUNTY PARKING ORDINANCE, BY AMENDING SECTION FOUR TO AUTHORIZE VEHICLE TOW AWAY ZONES; AMENDING SECTION SEVEN TO ESTABLISH A CIVIL PENALTY OF TWO HUNDRED AND FIFTY DOLLARS FOR UNCONTESTED HANDICAPPED PARKING VIOLATIONS; ALSO INCREASING THE CIVIL PENALTIES FOR ALL OTHER VEHICLE VIOLATIONS FOR PARKING, STOPPING AND STANDING FROM TEN DOLLARS TO THIRTY DOLLARS; SPECIFYING HOW PENALTIES AND LATE PAYMENT FEES ARE TO BE DISTRIBUTED; AMENDING SECTION NINE TO ELIMINATE THE REQUIREMENT OF NOTICE BY REGISTERED MAIL AND TO AMEND OTHER PROCEDURES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 12B 1' ORDINANCE NO. 97- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80-47, AS AMENDED, THE COLLIER COUNTY PARKING ORDINANCE, BY AMENDING SECTION FOUR TO AUTHORIZE VEHICLE TOW AWAY ZONES; AMENDING SECTION SEVEN TO ESTABLISH A CIVIL PENALTY OF TWO HUNDRED AND FIFTY DOLLARS FOR UNCONTESTED HANDICAPPED PARKING VIOLATIONS; ALSO INCREASING THE CML PENALTIES FOR ALL OTHER VEHICLE VIOLATIONS FOR PARKING, STOPPING, AND STANDING FROM TEN DOLLARS TO THIRTY DOLLARS; SPECIFYING HOW PENALTIES AND LATE PAYMENT FEES ARE TO BE DISTRIBUTED; AMENDING SECTION NINE TO ELIMINATE THE REQUIREMENT OF NOTICE BY REGISTERED MAIL AND TO AMEND OTHER PROCEDURES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, has adopted Ordinance No. 80-47, as amended, called the Collier County Parking Ordinance; and WHEREAS, the Board hereby authorizes designation of vehicle parking violation tow- away zones, which authorization is not provided for in Ordinance No. 80-47; and WHEREAS, a judicial decision styled City of West Palm Beach v. Lovely, 3 Fla. Law Weekly, Supp. 617,' holds that the specific amount of thc penalty for uncontested handicapped parking violations may be fixed by Ordinance, but that penalti~ for contested handicapped parking violations must be established by the trial judge; and WHEREAS, Section 316.008, Florida Statutes, in conjunction with Section 318.18, Florida Statutes, authorizes Collier County to set a fixed fine of up to $250.00 for uncontested handicapped parking violations; and a fine of $250.00 for such uncontested violations is now established in this Ordinance; and WHEREAS, Ordinance No. 80-47, as amended, provid~ that all non-handicapped parking, stopping and standing fines are $10.00 except the fine for a fu'~ lane violation, which is $25.00; and WHEREAS, the Board of County Commissioners, on June 11, 1996, det~-mined that the non-handicapped parking, stopping and standing vehicle violation fin~ now established by Collier County Ordinance No. 80-47, ~ amended, are not ~uffici~nt deterrent to di~'u~de the parking, standing, and/or stopping violations, and that consideration should be given to raising all such fines to $30.00. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: lZC"I ' SECTION ONE: Section Four of Collier County Ordinanc~ No. 80-47, as amended, entitled "Placement of Official Parking Signs" is hereby amended by adding a new subsection (K) to authorize designation of vehicle tow-away zones, as follows: SECTION FOUR: Placement Of Official Paddng Signs. 1. The Transportation Services Administrator and/or the County Manager or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning parking restrictions to be placed upon strr.~ and highways in the unincorporated area of Collier County. Tbes~ recommendations shall tn in accordanee with the terms of this Ordinance in an effort to clearly inform the public as well as to aid in the'implementation of the conditions set forth in this Ordinance. Such recommendations shall include, but am not limited to the following: A. B. C. D. E. F. G. H. I. J. g. all night parking; angle parking; parking on the left side on one way streets or highways; parking on one way streets; parking in hazardous places; curb loading zones; bus stops, taxi stands, etc.; prohibited parking; limited parking; determined and designated meter parking zone~; and tow-away zones. 2. Upon the advice of the Transportation Sm'ices Administrator and/or County Manager or his designee, the Board of County Commissioners may, by resolution, designate certain areas along County roads and other ar~as owned/leased by Collier County as being areas in which parking standing, or stopping is restricted or prohibited. It shall not be necessary for thc Board of County Commissioners to adopt a resolution when criteria for restricting or prohibiting standing, stopping and parking have been ~stablished in this Ordinanc~ or by any previous resolution or policy establishing restrictions or prohibitions. 3. Upon the Board of County Commissioners enacting a resolution either restricting or prohibiting parking, standing, or stopping in certain areas along County roads, such roads shall be posted with signs specifying the restrictions or prohibitions of parldng, standing, or stopping, as enacted by the Board of County Commissioners. SECTION TWO: Section Sewn of Collier County Ordinanco No. 80-47, ~s ~mended, entitled ''P~nalty for Violations" is hereby amended as follows: 2 12g 1' SECTION SEVEN: Penalty for Violations. A. Pursuant to §318.14, Florida Statute~, any p~'aon cited for a violation of Sections Five-and or Six of this Ordinanc~ shall b¢ domacd to b~ charged with a noncriminal violation and shall be assessed a civil penalty according to the following ~chedule: (1) . ' ' ' ~ . · .~ hundred and fifty ($250.00) dollars for ~ violation of Section Six of this Ordinance. ~ ' · · The fines collected for violating Section Six of this Ordinance ~aand4eapped perMng) shall be used in thc following manner: (a) One-third to be used to defray expenses for administration. (b) Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county cone, ming physically disabled persons. (2) T~-($.l.4~;g}~h~am Thirty ~ dollars for a violation of ally al4 r.e~ s~get. Aeng~n of Section Five of this Ordinance. ~ '~ B. Each day any violation occurs or continues shall be a separate offense. For parking in excess of the time authorized in a public parking space, each succeeding equal time period beyond that authorized as the maximum time period for said parking place shall constitute a separate offense. C. The amount of any penalty specified in this section shall be increased by five ($5.00) dollars if payment is not received by the Clerk prior to Notice being mailed to the registered owner bS'-emMfi~cm~ pursuant to Subsection D C of Section Nine of this ordinance. SECTION THREE: Section Nine of Collier County Ordinance No. 80-47, as amended, entitled "Payment of Civil Penalties and Procedures to Enfore~ Payment for Violations" is ' hereby amended to md as follows: SECTION NINE: Payment of Civil Penalties and proceedings to enforce payment for violations. 12C 1 A. Any person issued a county parking citation, pursuant to Section Eight of this Ordinance shall answer the citation by either of the following procedures within ~ (30) days after the date of issuance of the citation. (l) Payment of the penalty indicated on the citation may be rernkt~ to clerk, pursuant to the directions on such citation; or (2) A hearing may be requested by the person receiving such citation or the cited vehicle's Registered Owner for the purpose of pr~cnting evidence before a county judge concerning a parking violation. Any person requesting a hc,~'ing shall execute a statement on a form prepared by the county attorney indicating his or her willingn~ to ~ at such hearing at a time and phce specified thereon. Any person who requ~ts a hca~ng and docs not ~ in accordance with said statement shall be subject to contempt proceedings or to other such penalties as the Court may, in its discretion, impose to require compliance with this Ordinance. B. Pursuant to thc provisions of Section 316.1967, Florida Statutes, an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge after said hearing may impose a fine not to exceed One Hundred ($100.00) Dollars, plus court costs for each parking violation. However, an election to request a hearing pertaining to a handicap parking violation constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge after said bearing may impose a two hundred fifty ($250.00) dollar fine, plus court costs per violation. C. Upon receipt of a completed parking citation submitted by a Law £nfomernent Officer, pursuant to' Section Eisht of this Ordinance, the Cleric shall notify the registered owner first listed on such citation of its issuance if there has been no response to thc ciu~ion pursuant to Subsection A of this section. Such notice shall be sent by ~ ~ mail and shall inform said registered owner concerning the nature and location of the parking violation and S~ "" -:"":' r' ....r~..~ ......:-'-- ~ payment of the fine or attendance at a hearing at a time and place specified in such ~ ~dce. Pmsuant to the provisions o£ Section 316.1967, Florida Statutes, a county judge after sa~d hoazing ~2'..~: make a determination as to whether a parking violation has berm committed and may impose a fine not to exceed One Hundred ($100.00) Dollars, plus Court costs, except for handicap pazking violations, for which a fine up to Two Hunch'ed Fifty ($250.00) Dollar~ may be imposed, plus costs. Any person upon which service is obtained, pursuant to this section, who does ~ot 120 at a hearing as directed by the ~ ~ ~hall be ~ubject to contempt proceoding~ or to such other penalti~ as the Court may, in it~ di~crc-tion, impose to requi~ compliance with gaid SECTION FOUR: CONFLICT Ah'D SEVERABIL1TY In the ev~t this Ordinance c. onflicCs with a~y other ordinance of Collier County or other applicable law, thc more restrictive shall apply. If any phrase or portion of this Ordinance i~ held invalid or unconstitutional by any court of competent juriadiction, luch portion shall be deemed a separate, distinct, and indcpendent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVe: INCLUSION IN TItE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Law~ ami Ordinances of Collier County, Florida. Thc sections of the Ordimmce may be renumberod or r~iettcred to accomplish such, and the word "ordinance" may be changed to "~ection," "article," or any other appropriatc word. SECTION SiX: EFFE~ DATR. This Ordinance shall become effective upon filing with tho Ik-p'ar~ent of Sta~. PASSED AND DULY ADOPTED by tho Board of County Commis~ioner~ of Collier County, Florida, this "day of ,1997. ATTF~T: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMML~IONERS OF COLL~ COIYlqTY, FLORIDA By: By: DEPUTY CLERK Approved ~ to form and flici~ncy: Tl~ow.~ C. Pahner A~istant County Attorney ~q)tes, FL 339~0 napt~ ~ty Nwa 1. 2C" 1- BOARD Of COUNTY COI~ISSIONERS ATTK: NA/~Y SALOG~ PO BOX &13016 RAPLES FL ~101-3016 REFERENCE: 001~3Q CX)11~22(O6&9~ 5~5~3c)~ NOTZr~ ~ IKTEKt' 1'0 P'J)LX~HED ON: 10/(~ AD SPACE: 9~.000 INC~ 1201 ORDINANCE NO. 97- 5O AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80-47, AS AMENDED, TIlE COLLIER COUNTY PARKING ORDINANCE, BY AMENDING SECTION FOUR TO AUTHORIZE VEHICLE TOW AWAY ZONES; AMENDING SECTION SEVEN TO ESTABLISH A CIVIL PENALTY OF TWO HUNDRED AND FIFTY DOLLARS FOR UNCONTESTED HANDICAPPED PARKING VIOLATIONS; ALSO INCREASING TIlE CIVIL PENALTIES FOR ALL OTHER VEHICLE VIOLATIONS FOR PARKING, STOPPING, AND STANDING FROM TEN DOLLARS TO TtIIRTY DOLLARS; SPECIFYING HOW PENALTIES AND LATE PAYMENT FEES ARE TO BE DISTRIBUTED; AMENDING SECTION NINE TO ELIMINATE THE REQUIREMENT OF NOTICE BY REGISTERED MAIL AND TO AMEND OTHER PROCEDURES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, has adopted Ordinance No. 80--47, as amended, called the Collier County Parking Ordinance; and WHEREAS, the Board hereby authorizes designation of vehicle parking violation tow- away zones, which authorization is not provided for in Ordinance No. 80-47; and WHEREAS, a judicial decision styled City of West Palm Beach v. Lovely, 3 Fla. Law Weekly, Supp. 617, holds that the specific amount of the penalty for uncontested handicapped parking violations may be fixed by Ordinance, but that penalties for contested handicapped parking violations must be established by the trial judge; and WHEREAS, Section 316.008, Florida Statutes, in conjunction with Section 318.18, Florida Statutes, authorizes Collier County to set a fixed fine of up to $250.00 for uncontested handicapped parking violations; and a fine of $250.00 for such uncontested violations is now established in this Ordinance; and WHEREAS, Ordinance No. 80.47, as amended, provides that all non-handicapped parking, stopping and standing fines are $10.00 except the fine for a fire lane violation, which is $25.00; and WHEREAS, the Board of County Commissioners, on June I l, 1996, determined that the non-handicapped parking, stopping and standing vehicle violation fines now established by Collier County Ordinance No. 80-47, as amended, are not sufficient deterrent to dissuade the parking, standing, and/or stopping violations, and that consideration should be given to raising all such fines to $30.00. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section Four of Collier County Ordinance No. 8047, as amended, entitled "Placement of Official Parking Signs" is hereby amended by adding a new subsection CK) to authorize designation of vehicle tow-away zones, as follows: SECTION FOUR: Placement Of Official Parking Signs. 1. The Transportation Services Administrator and/or the County Manager or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning parking restrictions to be placed upon streets and highways in the unincorporated area of Collier County. These recommendations shall be in accordance with the terms of this Ordinance in an effort to clearly inform the public as well as to aid in the implementation of the conditions set forth in this Ordinance. Such recommendations shall include, but are not limited to the following: A. B. C. D. E. (3. H. I. J. all night parking; angle parking; parking on the left side on one way streets or highways; parking on one way streets; parking in haz~-dous places; 5us st~s, taxi stmdk, prohibited parking; limited parking; determined and designated meter parking zones; Manager or his designee, the Board of County Commissioners may, by resolution, designate certain areas along County roads and other areas owned/leased by Collier County as being areas in which parking, standing, or stopping is restricted or prohibited. It shall not be necessary for the Board of County Commissioners to adopl a resolution when criteria for restricling or prohibiting standing, stopping and parking have been established in this Ordinance or by any previous resolution or policy establishing restrictions or prohibitions. 3. Upon the Board of County Commissioners enacting a resolution either restricting or prohibiting parking, standing, or stopping in certain areas along County roads, such roads shall be posted with signs specifying the restrictions or prohibitions of parking, standing, or stopping, as enacted by the Board of County Commissioners. SECTION TWO: Section Seven of Collier County Ordinance No. 8047, as amended, ~ 'o ' " entitled "Penalty ,or V; l.qt~ons is hereby amended as follows: ,{ 1201 SECTION SE~n~--'~: ?enalty for Violations. A. Pursuant to §318.14, Florida Statutes, any person cited for a violation of Sections Five-and or Six of this Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty aeeoMing to the following schedule: g~ion-F4v~ Handiea?ped Parking: Two hundred and fifty_ ($250.00) dollars for each uncontested violation of Section Six of this Ordinance or. as determined by the Judge. up tQ two hundred and fifty ($250.00) dollars for ~ violation of Section Six of this Ordinance. Pursuant to subsection 318.18(6). Florida Statutes. the Clerk of Courts shall dismiss the ]l~ndic _at_~. ed parkin~ citation if the following items of proof are presented to the Clerk: (a) proof that the person eommltting the violation had a valid handicapped parking permit or handicapped license plate for the cited vehicle on the issuance date of the citation. (b} a si_creed affidavit in aec. oM with subsection 318. ] 8(6). Florida Statutes. and re) a five dollar (_$5.00) dismissal fee The fines collected for violating Section Six of this Ordinance ¢:n~zr.7p~ p~-k[ng) shall be used in the following manner: (a) One-third to be used to defray expenses for administration. (b) Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. (2) Ten te~o~..~.~, aA~,~_.~.._~ Thirty ($30.00~_ dollars for a violation of atl.X OA r-~n~fing mdv,~4o~ provision of Section Five of this Ordinance. Fines and late payment penalty, for viol$tions of Section Five ofthls Ordinance are to be dis'tributed as follows: fa) $ I 0.00: Coun~ Parking Fine~ ~) $5.00: CourtLy Clerk of Courtn. Cc) $15.00: County Parks DepartmenL {~d} ~5.00 late pa.vrnent penalty_: Court _ty Clerk o,"Courts~ B. Each day any violation occurs or continues shall be a separate offen.~. For parking in excess of the time authorized in a public parking space, each succeeding equal time period beyond that authorized as the maximum time period for said parking place shall constittae a separate offense. C. The amount of any penalty specified in this section shall be increased by five ($5.00) dollars if payment is not received by the Clerk prior to Notice being mailed to the registered owner by~x¢f~q~a~ pursuant to Subsection D C of Section Nine of this Ordinance. SECTION THREE: Section Nine of Collier County Ordinance No. 8047, as amended, entitled "Payment of Civil Penalties and Procedures to Enforce Payment for Violations" is · hereby amended to read as follows: SECTION NINE: Payment of Civil Penalties and proceedings to enforce payment for violations. 1201 A. Any person issued a county parking citation, pursuant to Section Eight of this Ordinance shall answer the citation by either of the following procedures within ~ ~ (30) days after the date of issuance of the citation. (!) Payment of the penalty indicated on the citation may be remitted to the clerk, pursuant to the directions on such citation; or (2) A hearing may be requested by the person receiving such citation or the cited vehicle's Registered Owner for the purpose of presenting evidence before a county judge concerning a parking violation. Any person requesting a hearing shall execute a statement on a form prepared by the county attorney indicating his or her willingness to appear at such hearing at a time and place specified thereon. Any person who requests a hearing and does not appear in accordance with said statement shall be subject to contempt proceedings or to other such penalties as the Court may, in its discretion, impose to require compliance with this Ordinance. B. Pursuant to the provisions of Section 316.1967, Florida Statutes, an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge after said hearing may impose a fine not to exceed One Hundred ($100.00) Dollars, plus court costs for each parking violation. However, an election to request a hearing pertaining to a handicap parking violation constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge after said hearing may impose a two hundred fifty (5250.00) dollar fine, plus court costs per violation. C. Upon receipt of a completed parking citation submitted by a Law Enforcement Officer, pursuant to Section Eight of this Ordinance, the Clerk shall notify the registered owner first listed on such citation of its issuance if there has been no re~,onse to the citation pursuant to Subsection A of this section. Such notice shall be sent by eeflffte~ ]:r~Gdax mail and shall inform said registered owner concerning the nature and location of the parking violation and di:-",,~~ · -'-t ......................... ~-'~ r ............ Ih:c: :',, .............. ::',:':= v,,~ ~r r,:..:~ ~,~.,a ....... ;,~. r, .... cx,.~ ...... :.~_. shall reauire payment ~ or attendance at a hearing at a time and place specified in such ~ notice. Pursuant to the provisions of Section 316.1967, Florida Statutes, a county judge after said hearing ah-all should make a dete~i~iination as to whether a parking violation has been committed and may impose a fmc not to exceed One Hundred ($100.00) Dollars, plus Court costs, except for handicap parking violations, for which a fine up to Two Hundred Fifty ($250.00) Dollars may be imposed, plus costs. Any person upon which service is obtained, pursuant to this section, who does not appear '1201 at a heating as directed by the C~ notice shall be subject to contempt proceedings or to ~uch other penalties as the Court may, in its discretion, impose to require compliance with said C~d=r notice. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflict~ with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction' ~uch portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SEC"rION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The previsions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be rcnumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECITVE DATE. This Ordinance shall become effective upon filing with the Department of Stale. PASSED AND DULY ADOPTED by the Board of County Commi~ioners of Collier County, Florida, this ?V'ff%ayof ~~ ,1997. ATTEST: · / ., ..... .~.2 A~mv~ ~ to fo~ md uffici~: ~om~ C. Palm~ h:~ordin~,~tne~dpa~kin$-tcp BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a tru# copy of: ORDII~CE NO. 97-50 Which was adopted by the Board of County Commissioners on the 14th day of October, 1997, during Regular Session. " WITNESS my hand and the official seal of the Board of County Co~nissioners of Collier County, Florida, this 15th day of October, '. 1997. Clerk of Courts and Clekk Ex-officio to Board of County Comm/sstoners COLLIER COUNTY FLORIDA REQUF~T FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: PleAse place the following a~ a: XXX Normal legal Advertisement !--I Other. (Dh-play Adv., location, etc.) C~ginatingOepVOiv: Comm. Dev. Serv~manning Peno~ ~on Uino rate. ,~[ I% [ ~ q Petition No. (ffnone, give brief description): CU-97-16 Petitioner:. (Name & Address): Willow Run Trust. 5590 Shirl~ ~hn:et. Navies. Florida 34109 Name & Address oran)' person(s) to be notified by Clerk's Office: (If more space is __needed__~ attach scparate sheet) Brvc~ E. Tyson, _ASLA- Wilson. Miller. Barlon & P~k. Inc., 3200 Bailey Lane. Suil¢ 200. Navies, Flori~ ;34105 Heating before BCC XXX BZA Other News'paper(s) to be used: (Complete only if important): XXX Naples Daily News Oilier 1-'1 Legally Requir~xl Proposed Text: (Include legal descrip6on & common location & Size.. ]~ition No. CU-97-16. Bruce E. Tyson. ASLA. of Wilson. Miller. Barton & P~k. !nc,. r~or~senfini Willow Run Trust. _r~!uesfinl Conditional Use "1" of the "A" A~icultural zo~ine district havinl the cql'ccI of ~coandinllb¢ Willow Run Ouarrv earthminint business for oroverPr located in Sections I 1.12. 13 & 14. Town.shiv 59 South, R~n£e 261~_~_ Collier County. Florida. conslstine of 200 acres more or lcss. Does Petition Fe~ include advertising, cost7 [~es [--1 No If Y~s, what account should be charged for adv~rlising 113-13832Y~,49110 '"~ ~ '~ '"T C~ qt 2..S q Division Head Dat~ County Manager Date List Atlachmenls: For h~n~ ~o~ BCC or B~: ~itlating ~a to ~pl~e one ~ ~fl ~ Di~ H~fl spp~ ~o~ mbmitflng m County Mans~r. Note H 1~11 d~ment b ~ed, ~ m~ ~t suy ~ ~ ~, or ~ for sm~ is mbmltt~ to C~fl~ Atto~ ~o~ ~bmlttlng to C~n~ M1na~r. ~e Mana~s ~me wgl d~n%te copl~ C~n~ M~s~r s~enda file: to ~ ~qu~n~ Di~a ~ Od,ing ~e~'s Office ~/_~/~ zo~ ~,s om~ ~sz o~:. /'//~/~ ,~ i11111111111111111111111111111111111111111111111111111111111111 o o i1111111111111111111111111111111111111111111ii1111111111111111 ~ BOlrlrli&ll -~ & ~ECORD5 ~ Zl~l~ (813} 77~-8408 , I:~O~'UO~ (81~) 77z~-8606 89:17 88'81'52 95663161 91~1115 926548649~1 ~ 2?55 oont:: '1' August 21, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CU-97-16 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY~ SEPTEMBER 23~ 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-97-16, Bruce E. Tyson, ASLA, of Wilson, Miller, Barton & Peek, Inc., representing Willow Run Trust, requesting Conditional Use "1" of the "A" Agricultural zoning district having the effect of expanding the Willow Run Quarry earthmining business for property located in Sections 11, 12, 13 & 14, Township 59 South, Range 26 East, Collier County, Florida, consisting of 200 acres more or less. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) August 21, 1997 Willow Run Trust 5590 Shirley Street Naples, FL 34109 Re: Public Hearing to Consider Petition CU-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure August 21, 1997 Mr. Bruce E. Tyson, ASLA Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Public Hearing to Consider Petition CU-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure interoffice memo D~. ~21]J7 1'O:. ~ TO ~ FROM: CECILIA MARTIN, PLANNING TECH ~}B$: CU-9'/-16 WILLOW RUN QUARRY We ~,i up a BCC ~h~rti~ing reXlUeSt for 9/23'~. The petitioner ha~ recp__t.~_,~_ ~ petition be heard on Octct~'r 14tth. Therefor~ please change the BCC recpmst date to October 14~. CC: August 22, 1997 Willow Run Trust 5590 shirley Street Naples, FL 34109 Re: Public Hearing to Consider Petition CU-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 28, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure August 22, 1997 Mr. Bruce E. Tyson, ASLA Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Public Hearing to Consider Petition CU-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, Septe~__her 28, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure August 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CU-97-16 Dear Judi: Please "k/ll" the request to advertise the above referenced petition on September 7, 1997, as indicated in my August 21, 1997 communication. Kindly advertise the above referenced notice one time on Sunday, September 28, 1997, and forward the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 (.'Luc,I.u,;U.,ng, ~ Ii11111111111111111111111111111111111111111111111111111111111111 ii Ililllillliliilllllllliilllllliliiliillilillilllllllllllilillill ??6 -'L 294 1~8-21 [ 12:54 :295 8El-~'~I 14:28 88'81'56 1' NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on T~DAY, ~ 14~ 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-97-16, Bruce E. Tyson, ASLA, of Wilson, Miller, Barton & Peek, Inc., representing Willow Run Trust, requestinq Conditional Use "1" of the "A" Agricultural zoning district having the effect of exl~anding the Willow Run Quarry earthmining business for property located in Sections ll, 12, 13 & 14, Township 59 South, Range 26 East, Collier County, Florida, consisting of 200 acres more or less. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) RESOLUTION 97-__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EXPANDING THE WILLOW RUN QUARRY EARTHMINING BUSINESS CONDITIONAL USE ~1" IN THE ~A" AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 11, 12, 13 & 14, TOWNSRIP 59 SOOTH, RANGE 26 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, a~ong which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Co~nission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations n%ade and provided, and has considered the advisability of Conditional Use '1" extraction or earthmtning, and related processing and production not incidental to the agricultural develo~nt of the property, of Section 2.2.2.3 in an 'A# Agricultural zone for expanding the Willow Run Quarry earth~ning business on the property hereinafter described, and has found as a m~tter of fact (Exhibit "A") that satisfactory provision and arrangement have been ~de 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 Bruce E. Tyson, ASLA of Wilson, Miller, Barton & Peek, Inc., representing Willow Run Trust with respect to the property hereinafter described as: SE h of NE h 11-50-26 40 ~ ac. NE h of NE h 11-50-26 40 ~ ac. SW h of NW h 12-50-26 40 ~ ac. NW h of NW h 13-50-26 40 ~ ac. NE h of NE h 14-50-26 40 + ac. Total 200 + ac. be and the same is hereby approved for Conditional Use '1#, extraction or earthmining and related processing and production not incidental to the agricultural development of the property, of Section 2.2.2.3 of the ~A" zoning district for expanding the Willow Run Quarry earthmining business in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, 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 su~ittal 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 No. 91-102). b. Prior to issuance of the Excavation Permit, applicant shall submit a Geological Report with borings showing depth of confining layer, if such a layer exists. Conclusions in the report will be verified by County Staff. Lake depth will be limited to 50' or to the confining layer, whichever is shallower. c. The Petitioner will obtain the necessary permits from the Army Corps of Engineers, the South Florida Water Manage~nent District and the Florida Department of Environmental Protection. d. Prior to issuance of the excavation permit, or by Septet%her 1, 1997, whichever comes first, the applicant shall sub~t a water quality monitoring plan for salinity. The plan shall be in effect until it has been decided by County Staff that no adverse impacts are occurring. e. The Petitioner shall retain fifteen percent of the existing native vegetation on site pursuant to Section 3.9.5.5.4., LDC. f. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County Jurisdictional wetlands. g. Buffers shall be provided around the wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five(25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning and Environmental Staff. h. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the areas of preservation, shall be submitted to Current Planning and Environmental Staff for review and approval prior to issuance of an Agricultural Clearing Permit. i. Petitioner shall comply with the guidelines and reco~unendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to issuance of an Agricultural Clearing Permit. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: MarJ~ie M. StUdent Assistant County Attorney FINDING OF FACT BY COLLIE ~ PLANNING COmmISSION FOR A CONDITIONAL USE PETITION FOR CU-97-16 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: 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 C. Affects neig.hboring properties in relation to noise, glare, economic or odor effects: __ No affect or __ Affect mitigated by __Affect cannot be mitigated Compatibility with adjacent properties and other property in the district= Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-16 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao 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 C. Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or __ Affect mitigated by __Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: 1 lrll.l, OW Rb'l~ m I I Exhibit"B" 1 Ilmpt~, fL 33944 Affh~v~t 4~f Publfc~tton BOA~ Of CO~TY C~lq~Is$IOl~tS ATTN: IMNCY ~ PO BoX ~1]016 I~FER~CE: (X~I~O 701,2~ 57~68~T3 IIOTIC~ OF IqJ~C ~ Print. linED c~: 09/2~ FILED cw4: 09/29/97 RESOLUTION 97- 393 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EXPANDING THE WILLOW RUN QUARRY EARTHMINING BUSINESS CONDITIONAL USE '1" IN THE 'A# AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 11, 12, 13 & 14, TOWNSHIP 59 SOUTH, RANGE 26 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 ~de and provided, and has considered the advisability of Conditional Use '1# extraction or earthmining, and related processing and production not incidental to the agricultural development of the property, of Section 2.2.2.3 in an "A# Agricultural zone for expanding the Willow Run Quarry earthmining business 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 Bruce E. Tyson, ASLA of Wilson, Miller, Barton & Peek, Inc., representing Willow Run Trust with respect to the property hereinafter described as: SE ~ of NE ~ 11-50-26 40 + ac. NE ~ of NE ~ 11-50-26 40 +_ ac. SW ~ of NN ~ 12-50-26 40 * ac. NW ~ of NW ~ 13-50-26 40 ~ ac. NE ~ of NE ~ 14-50-26 40 ~ ac. Total 200 + ac. be and the same is hereby approved for Conditional Use 'l", extraction or earthmining and related processing and production not incidental to the agricultural development of the property, of Section 2.2.2.3 of the 'A# zoning district for expanding the Willow Run Quarry earthmining business in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, 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 No. 91-102). b. Prior to issuance of the Excavation Permit, applicant shall submit a Geological Report with borings showing depth of confining layer, if such a layer exists. Conclusions in the report will be verified by County Staff. Lake depth will be limited to 50' or to the confining layer, whichever is shallower. c. The Petitioner will obtain the necessary permits from the Army Corps of Engineers, the South Florida Water Management District and the Florida Department of Environmental Protection. d. Prior to issuance of the excavation permit, or by September 1, 1997, whichever comes first, the applicant shall submit a water quality monitoring plan for salinity. The plan shall be in effect until it has been decided by County Staff that no adverse impacts are occurring. e. The Petitioner shall retain fifteen percent of the existing native vegetation on site pursuant to Section 3.9.5.5.4., LDC. f. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County Jurisdictional wetlands. g. Buffers shall be provided around the wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five(25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning and Environmental Staff. h. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the areas of preservation, shall be submitted to Current Planning and Environmental Staff for review and approval prior t° issuance of an Agricultural Clearing Permit. i. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to issuance of an Agricultural Clearing Permit. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA T/MO~H~.v HANQ~K, Chairman FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITI~ USE PETITION FOR CU-97-1,, The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. me 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 ~snd Development Code and Growth Management Plan: j 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 cas~/of fire or catastrophe: Adequate ingress/& egress Yes ~'No C. Affects neighboring properties in relation to noise, glare, economi~r odor effects: No ~ffect or __ Affect mitigated by Affect cannot be mitigated De 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) (should not) be reco~w,ended for approval CHAIRMAN FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1~- The following facts are found.- Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. e 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: Consistency with the Land Development Code and Growth Management P~:No Yes B. Ir~3ress and e~ress 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 V' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by ,,, Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes i/ No Based on the above findings, this conditional use should, with · tipulation., (copy attached) (should-- be/~<<__nded~~ approval . £/CU-97-1~ FIXDnm O~ FACT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1'' The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ae Consistency with the Land Development Code and Growth Management~lan: 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~4 No C. ~ffects neighboring properties in relation to noise, glare,~economic or odor effects: ~__~___ NO affect or __Affect mitigated by __Affect cannot be mitigated De Compatibility with adjacent properties and other property in the\district: Compatible Re within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recon~nended for approval . ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ae Consistency with the Land Development Code and Growth Manage:No __ 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 ing~~ess No C. Affects nei properties in relation to noise, glare,~~--~C~orodor effects: ~ _~/'No~u~fece or Affect mitigated by '~l----"-Affece c~be mitigated D. Compatibility with adjacent properties and other property in Compatib~us~'~thin district Chis conditional use should, with (should noel be recommended for Based on the above findings, stipulations, (copy. attached) approval /~/~/~&/~ . DATE: FaCT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1~/ The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. me 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: Consistency with the Land Development Code and Growth Management ~.~ 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 &~r6ss Yes v No C. Affects neighboring properties in relation to noise, glare,.~nom/c or odor effects: y No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the distric3L~- Compatible u~e~hin district Yes [/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~ bere~ended for approval COLtIER COUNTY PLANNING COMMISSION FOR 7% CONDiTiONAL USE I:'ET~T:rON FOR CUo97-1~ The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management P.lan3~ Yes L./ No__ B. Ingress and egress to property and proposed structures thereon with part£cular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &. e/~ess Yes ~ No C. Affects neighboring properties in relation to noise, glare, ecorjmetic or odor effects: [/No affect or Affect m/tigated by __Affect cannot be mitigated De Compatibility with adjacent properties and other proper~y in the district: Compatible us~within d/strict Yes ~" No Based on the above fip~lings, this conditional use should, with etipulatiorm,~ (co$~! attached) approval /~ j . be_recommended for ! : Exhibit=B 11/28/~-S30 Petition No. (if no~, gfv~ ~-i44 c~scrfp~io~): A-97-9 pltftton4~: ¢.iie & ~ess): Cindy Miller & Susan Middlebrook 31 B W, Pelican Street Naples, Fla. 34113 ~em'Sr~ b~fore: L- 7 I~C ~ /'--7 ~ ~(e) to ~ ~: (~te:* ~y If ~t~t ~, ~ ~ ~i~y ~ and Cindy Miller re~esting an a~eal o~ the Collier County Comission's approval of Petition BD-96-18 on August 21, 1997 for property located on Lots 84 & 85, Isles of Capri ~1. ~ Cemty I~ elendl flt~ ~ hquiKhz Ilvlsi.n; /---'70rlfIMt to Ctfft's Offl~ 2 [11111111111111111111111111111111111111111111111111111111111111 !1111111111111111111111111111111111111111111~i11111111111111111 I[I ¢8:2.3) 774-8406 J92634064 13A September 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition A-97-9 Dear Judi: Please advertise the above referenced notice one time on Friday, October 3, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, E11ie Hoffman, Deputy Clerk Purchase Order No. 704259 1.3A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Coz~nissioners of Collier County, will hold a public hearing on TUESDAY, OCTOBER 14, !997, in the Boardroom, 3rd Floor, AdministratiOn Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. A-97-9, Susan Middlebrook and Cindy Miller requesting an a~eal of the Collier County Planning Commission's approval of Petition Number BD-96-18 on August 21, 1997, for property located on Lots 84 & 85, Isles of Capri #l. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) I )A September 8, 1997 Ms. Susan Midd/ebrook and Ms. Cindy Miller 31 B W. Pelican Street Naples, FL 34113 Re: Public Hearing to Consider Petition A-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the ehclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, October 3, 1997. You are invited to attend this $.~blic hearing. Sincerely, E11ie Hoffman, Deputy Clerk Enclosure Aff~(l~lt oT alpt.~ le~ ty ~ M C~KTY C~I~ILSIC~RS ATT~: N~ICY SN. CGUI PO B~X &I~016 NAPI~$ FL ~,101o~716 P~BMSHED (X: 10/05 .L&q ON: lo/m/97 Stgnetv~e c~ Afftmt RESOLUTION 97- 394 RELATING TO PETITION NO. CU-96-17 FOR EXTENSION OF CONDITIONAL USE OF 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 comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on December 10, 1996, the Board of Zoning Appeals enacted Resolution No. 96-581, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a church, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of W. M. Walters, representing the Mayflower Congregational United Church of Christ for the first of three (3) permitted one (1) year extensions, in interest of the following described property: S h of the N h of the SW h of the SW h less right-of-way in Section 8, Township 50 South, Range 26 East, Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-581, attached hereto and incorporated herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until December 10, 1998. $ BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this /~ day of ~,~'~/~ , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA T~MOTH~.&~H~NCOCK, Chairman '..,~ A"gT- E S ?,: .- ' · ~'. ':- dWIGHT' ~Z B~O.CK, Clerk '..~ ." .~ -.. -,,' · . ' . ~pp~.oved ~.~co Form and Legal Sufficiency: MarJo~ie M. Student Assistant County Attorney RESOLUTION 96- 581 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH WITH RELATED FACILITIES AND CHILD CARE CENTER CONDITIONAL USES #1~ AND "3# IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 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 e~tablishing 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 "1" and "3" of Section 2.2.3.3. in an #E" Estates zone for a church with related facilities and child care center 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 oppor~unity to be heard by this Board in a public meeting assembled and the Board having considered all ~atters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: ~' . The petition filed by William L. Hoover, AICP of Hoover Planning Shoppe and Beau Keen., P.E. of Keen. Engineering representing Mayflo.~er Congregational United Church of Christ with respect to the property hereinafter described as: S 1/2 of the N 1/2 of the sw 1/4 of the SW 1/4 less right-of- way in Section 8, Township 50 South, Range 26 East, Collier County, Florida. be and the same is hereby approved for Conditional Uses "1" and "3~ of Section 2.2.3.3. of the #E" Estates zoning district for a church with related facilities and child care center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Ce de The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional uses. Expansion of the uses identified and apprQved 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 aha11 comply with all applicable County ordinances in effect at the time of submitta!. A six (6¥ foot high concrete fence, finished in a tan or light to ~edium brown color, shall be constructed along the north and south property lines adjacent to all automobile parking areas. Such concrete fence shall be timed for construction with the establishment of the automobile parking areas. All elevated lighting fixture specifications shall provide for directing illumination to the surface of the parking lot only with shielding to ensure that there is no horizontal illumination on the adjacent property. Arterial level street lighting shall be provided at the project,s entrance at the time said entrance is constructed. If the project is built after the four-laning of County Barn Road, this requirement shall be waived. The church may defer providing a southbound right-turn lane and northbound left-turn lane along County Barn Road into the site until County Barn Road is 4-1seed if the following are met by the church: The child care facility shall not be operated during the weekdays until such turn lanes are provided. No regularly scheduled church activiites shall o~cur during the Weekday A.M. Peak Mours (7:00 - 9:00 A.M.) and P.M. Peak Hours (4=00 - 6:00 P.M.) until such turn lanes are provided. Neither t.he Phase 1-B and/or Phase 2 expansions shall be constructed until such turn lanes are provided. If requested by Collier County, an off-duty Sheriff's Deputy shall be hired by the church (at the church's expense) to direct traffic at the intersection of the project,s access road and g. h. i. J. k. me The church agrees to provide such turn lanes 9riot to the 4-1aning of County Barn Road if Collier County determines that an operational or safety concern requires one or both turn lanes to be provided. Under the four-lane condition, the County maintenance complex may be served by a full median opening. The church may opt to have access to this median opening. Any modifications to the present design necessary to accommodate the church shall be at the Church's expense. Nothing in any approval for the church shall operate to vest any right in a median opening at this location. The County reserves the right to modify the median, including closure, as determined by operating and safety conditions. Turn lane designs, under two-lane or four-lane conditions, shall be based on a 50 MPH speed. In addition compensating right-of-way shall be provided. The turn lanes shall be located such that the left turn lane is confined to the frontage of the development. The church shall be required to pay road impact fees in accordance with the schedule set forth in Ordinance 92-22, as amended. Said impact fees shall be paid at the time of issuance of a building permit. The petitioner shall provide substantial competent evidence that the project will accommodate existing sheet flow r~noff in the project's water management system. Right-of-way for the widening of County Barn Road shall be provided in accordance with the requirements shown on the roadway construction plans when requested by Collier County. The value of the right-of-way shall be determined at fair market value as of the date of approval and shall be paid in the form of road impact fee credits. Permits or letters of exemption from the U.S. Army Corps of E~gineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to Final Site Development Plan Approval. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4, CCLDC, as amended. Ail conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. Buffers shall be provided around wetlands, extending st least fifteen (15) feet landward from the edge of the wetland preserves in all places and average twenty-f~vs (25) feet from the landward edge of wetlands, at the tl~ of Sits Development Plan approval. o. An exotic vega~at£on removal, monitoring, and ~aintsr~noe (exotic-frae) plan for the site, v£th emphasis on ~e conse~a~on/prese~ation areas, s~ll ~ ~itt~ to ~en~ Planninq Enviro~en2al ~vi~ S~ff for review a~ a~r~al prior ~o fill s~te plan/ co~t~ion plan a~roval. BE IT ~~ R~OL~ ~hat ~his ~esolutton be record~ i~ ~e Co~issioner Constantine offered the foreqoi~ Resolution and ~oved for its adoption, seconded by Commissioner Sancock and upon roll call, the vote was: AYESz Coms[ssoner Cons=an=ins, commissioner Raflcock, Comm£ss£oner Mac'Kle, NAYS: Commissioner Ber£y and Commissioner Norris ' ABSENT A~D NOT VOTING: J Dor~ this lO~h day of December , 1996. LEGAL SUFFECIENCY: ASSISTANT CO~Y ATTORNEY CU-96-17 RESOL~FI~ON/18347 BOAiqD OF ZONING APPEALS COLLIER COUNTY, FLORIDA -4- F~ND~N~ OF FACT BY C~LL~ER COUNTy A COND[T;OHAL USE PETi~oIq FOR ! The follo~g £aci~ are found: au~iz~ ~e c~itio~l use. Gran~fnq the conditional tree vi~l n. ot edv~r~ly affect th~ ~lic ~~t and viii Be 2e rn,:;rees and eqr~ss t? propert~ and Proposed strmc~ures thereon w~th particular reference to auto~oC£ve and Pedestrian ~afat¥ and convenience, traffic flo~ and control, and access Ln case of fi.re or Catastrophe: Adequate ingTe~s8~ eq'rass Yes v No ------- ------ cannot b~ ~t~qat~ " o~er pr~M in ~e dAs~i~: Yea ~ ~o .. ~.sed on the above findings, this comditional use should, with stipulations, (copy at~ached) recommended for approval (~) be z~ F'FlqDI'NG OF FAC'F FINDING OF FACT BY COLLIER COUNTY PLANNING COMI(ISSlON FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Smction _'/.. 7. ~. of the Land Devlop~ent Coda authorized the conditional use. 2. Grantimg the conditional use will not adversely affac~ the public ~ntares~: and will not adversely affec~ other proper~y or u~as An the same dis~ric~ or neig~borhood because of: A. Consistency with the Land Melo~ment Code end Growth Hanage~nt Plan: B. Ingress and egress to property and proposed structures thereon with particular reference to auto~otive and Pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Yea v C. Affects neighboring Properties in relation to nois.e~'glare, economic or odor effects: ~_ No elf ecl: or -------- Affe~ot be mitigated -- - D. Compatibility with adjacent properties and other proper:y in the_dletrtc~: Yes ~ No Based on the above findfr~/s, this conditional use should, with s~:i~ulations, (copy at~ached) FINDING OF FACT FOR A ~I~ON~ USE P~ON FOR ~ foll~ fa~ ~e f~: au~r~z~ ~ ~o~1 ~e. ~u~Pr~of:~ uses in ~he sm distil, or ~i~rh~ Ye~ ~ No ~reon ~c ~ and consol, a~ ac~ss · ~re or ca--strophe: --' C= ~ibility vi~h adJac4nnt other property la the ~o~ies a~ ~ . d~i~: tible ~vi~in di~l~ Yes ~ No !,~ed ?.n ~_h_a above findings, this conditional use should, · ..... ~ ~or approvaA '~) bet --, 13B --, FZ~ZNG OF ~ACT FO~ -- A CO~I~ON~ USE P~ON FOR ~ foll~ fa~. are f~: 2. Gr~=~ ~e co~itio~al Use Will no= adversely affe~ -- ~e ~lic in.rest ~ will no~ adve~lly aff~ o~er -- pr~ ~ ~es in ~e I~e dis~ri~ or netg~rho~ ~~ of: A. ~lsten~ wi~ ~e ~nd ' Gr~ ~ge~pl~: C~e and Yes ~ No fire or ~str~be: ', -~ a~ess In ~se of ' Yes ~ No C. ~f~ netg~rt-- - % . ~il~lare .__~ ~°~{es i. relation ~o .____ Affec~ mitigated by _ ____ Afgec~ Cabot ~ mitigated _ D. ..C~tibility wi~h adjacent or. er prope.~ · ........ profiles and C~atlble ~ vi~in dt~i~ Yes ~ ~o rlc~M~ for a~roval "~ ~) ~ ' ~ FI~ZNG OF FA~ I_ L BY FOR ! The followimq facts are found: Section 7. ~. k/.~. of the Land Devlopaent Code au~horized the conditional usa. GrantLr~ the conditional u~e will not adversely affect the public interest and will not adversely affec~ other property or uses in the sase district or neighborhood becau&e of: - Ae Be Ce De Consistency with/~he Land Develolment Code and Growth Management Plan: Yes ~ No Ingress and egress to property and pro~sed structures thereon with particular reference to auto~otiva and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate inqres~ egress Yes ?_~___. No ,, ,/ Affects neighborinc/ prope~in rslatlon to noise,_glare, econoaic oF'odor erratics: so affec~._?r: /Affect -l~igal:4d by~,. A~ec'~ caru~ot be mitiqa~ed -- Co~tibility with adJa~flt properties and other property in ~he/district: Compatible ~e vi~ln dtl~l~ Yes _ ~ No Based on the above findings, this conditional us~hould, vith stipulations, (copy at~ld rec~~ a~o~l / FZ~ING OF FA~ lm~Ml3~}{~ OF FACT BY COLLIER COUNTY PLAM~ING COH}~SS~ON FOR A CONDTTIONAL USE PE'~[TION FOR ! The £ollawt~g facts are found: 2e section 2. ~. ~ ~ of the ~and Devlopment Code authorized the conditio[~l use. Granting the conditional use will not adversely affect the ~)ublic interest and will not adversely affect other pro~y or uses In the s~e dis=rl~ or neigh~rho~ ~cause of: Ae Consistency with the Land Development Code and Growth Manageme~ Plan: Yes _~/ _ No . Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrl&n safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adec~/ate ingress//& egress Yes . ~No., _ ,,~q,,.~.~- __a_~o[~e~.~._~:~hborl~g .Properties Jul relation to · -~,_~ __, ~con~xc or ~or eff~= ~o a~e~ or Affe~ nitigat~ ~ .... Affe~ c~ot ~ ~it~gat~ -' Compatibility with adjacent properties and o~her property in the dis~rict: C°mpatiblegle within district Yes ~No _B_,a~sed .o.n t~.e_.above ~.indings, this conditional use sho , wxr~ sCXpuAacxonl, (cony at*~-~, --~ ...... uld. recommer~ed for approval FINDING OF FACT \ 13B FINDING OF FACT BY COLLIER COONTY ~G COKKISSION FOR A CONDITIONAL USE PETITION FOR The followir~ facts are found: 1. Section , ~. ~ .~' ,~. of the Land Devlolment Code authorized the conditio~al use. 2. Granting tho conditional uae will not adversely affect the public interest and will not adversely affect other property or uses in the lame dietric~c or neighborhood because of: Ae Co De Consistency verb the Land Develol~entCode and Growth Management Plan: Yee~~o Z.r~re~s and eqrsaa to property and prouoeed struccuree thereon vith au~ive a~ P~es~ian safety a~ ~venience, ~affic fl~ and control, fire or ~taitrophe~ A~e~uateyesi~gre~¢ &~oeCjress Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affec~ litigated by C-~m~atibility with adjacent pr~p~-tl~ and other property in the district: Compatibleyes ~ NoWithin dietric'c Based on the above findings, Chis conditional use should, / FINDING OF FACT · \ 1! FINDING OF FACT B~ COLLIER COU~ ~~ CO~HlSS~O# FOR A ~I~0~ USE P~ON FOR The followL~g fac~a are found: 2e Section ~. O. ~'.~. of the Land OeVlolment Code authorized ,the conditio~al use. Granting the conditional use will not adversely affec~ property or uses in the ea~e d~s~.ric~ or neighborhood because of: . owCA Marmq~nt Plan: ~r~rsee and eqrese to property and proposed x~e or ~~he~ ...... n~ee, gAare, econc~c or odor in relation to effects: ca.not be nitiqated O. ..C~tibll£ty w.~th adjacent ~~I~ ~ r~~ for a~--'~ -~~ t-~ ~) ~ FINDING OF FA~T 13B 1' RESOLUTION 97- 395 RELATING TO PETITION NO. CU-96-16 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREA~, 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 comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on November 12, 1996, the Board of Zoning Appeals enacted Resolution No. 96-513, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a church and church related facilities, on the below described property; and WHEREAS, Subsection 2.7.4.5 oX the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Dr. Neno J. Spagna, of the Florida Urban Institute, Inc., representing Apostolic Assembly of Faith in Christ Jesus for the first of three (3) permitted one (1) year extensions, in interest of the following described property: The North h of the Southeast h of the Southwest h of the Northeast ~ of Section 31, Township 49 South, Range 26 East, less the west 30' reserved for right-of-way and utilities, Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-513, attached hereto and incorporated herein as -1- Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until BE IT ~JRTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. ATTEST BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA T~MOTH~/~HAN~0~K, Chairman DW~G~IT ~..': BR~K~:Clerk · Apptov.~'d _a.s~¢"Form and Legal Sufficiency: MarJ~te M. Student ~sistant County Attorney -2- RESOLUTION 96- 513 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND C}[URC}! RELATED FACILITIES CONDITIONAL USE "1" IN T!IE "E" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 12§, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and s6ch business regulations as are necessary for the protection of the public~ and WHEREAS, the County purauant 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 divisio~s of the County, among which is the granting of Conditional 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 Use "1" of Section 2.2.3.3. in an "E" zone for a church and church related facilities 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 Com]aission~ and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS Of Collier County, Florida that= The petition filed by Dc, ~eno Spagna of Florida Urban Institute, representing Apolostic Assembly of the Faith in Christ Jesus with respect to the property hereinafter described as= -1- 13B 2' The No~-~h 1/2 of the Southeast I/4 of the Southwest 1/4 of the Northeast 1/4 of Section 31, Township 49 South, Range 26 East, less the west 30' reserved for right-of-way and utilities, Collier County, Florida. be and the same ia hereb7 approved Cot Conditional Use .l# of Section 2.2.3.3. o~ the "E" zoning district for a church and church related facilities in accordance vith the Conceptual Naster Plan (Exhibit and subJec~c to the following conditions: a. The Planning & Technical Services Hanager ma7 approve minor changes in the location, siting, 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 pact of this applicatiofi, shall require the sub~ittal of a ney 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 Reviev and Approval, of the Collier County Land Developmwnt Code (Ordinance No. 91-102). b. P~lor to [any approval of a Site Development Plan, the East Naples Fire Control and Rescue District shall convey their approval of fire suppression methods. c. Subsequent required development approvals shall be subject ~o all applicable Land Development Code requirements. d. Whenever Collier County decides to install Lrafflc siqnals at the intersection of San Marcos Boulevard with Radio Road, the church shall be responsible for payin9 its fair share of the prorated costs of the traffic sionals. e. The maximum number of seats to be alloyed in the WSanctuary" shall not exceed three hundred (300) seats. BE X? I~L~ RESOLVED that this Resolution be recorded in the minutes of this Board: Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner ~a,r{, and upon roll call, the vote was= AYES= Commisaionec Constantine, Commisaione~ ~ac'Kle, Commissione~ ~at~hevs, Comeissione~ No~ris NA¥S= Commissioner Hancock ABSEI~ AND NOT ABSTENTION= Don. tht~ day of ~'~.~.~,-,/...~ , 1996. 8OARD OF ZONING APPEALS ....... ,!11111 FINDING OF FACT COLLIER COUNTY PLANNING COHMISSION FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-16 The followi~g facts are found.. 1. Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. Grantlnq'ths conditional uss will not adversely affect the publi'c intsrest and will not adversely affect other property 'or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Pla~: Yes _~__No_____ Xngress and egress to property and propossd 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 &~ress Yes L/ No Affects neighboring properties in relation to no~, glare, economic or odor effects: No affect or Affect mitigated by .... Affect c~nnot be mitigated Co~atibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, this conditionaL-~e should, with stipulations, (copy attached) (should be r'co~mendedforapproval --------- ~t)) FINDING OF FACT MEMBER/18171 FINDING OF FACT BY COLLIER COUNTY PLANNING COH~SSION FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-16 The following! facts are e found: Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. Granting'the conditional use will not adversely affect the publAc Anterest and wi1! not adversely affect other property~or uses in the same district or neighborhood because of: Ce Consistency with the Land Development Code and Growth Hanagement Pla~: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and conve traffic flow and co ~ - niencs, fire or ca~:astrophs~ .... , and access in case of Adequate ingress & egress Yes _ No ./ Affects neighboring properties in relation to noise, glare, economic or odor effects: .. ~' No affecl: or ____._Affect mitigated by -.. Affect cannot be mitigated - C~patibllity wl~h adjacent properties and 9~her property in ~he district: Compatible use within di~rict Yes ,. _ No _~' Based on the above findings, this conditional us . with stipulations, (co~v at' ........ · ehould~.~ .... ~ ~"~ {s~ould not be recommena~ fOr app~ovaZ -- · ) /~ FIND~N6 OF FA~ ~/15~71 ~ FINDING OF FACT COLLI~3~ COUNTY PLJ~NNING COMI~ISSION FOR A CO)~DITIONAL USE PETITION FOR PETITION NO. CU-96-16 The folloving I facts are found: Section 2.2.3.3.1. of the Land Developmemt Code authorized the conditional use. Granting'the conditional use will not adversely affect the public interest and vii1 not adversely affect other property.or uses in the same d~.strict or neighborhood because of: De Consistency ~ith the Land Development Code and Growth Hanage~: ln<jrosm and ocjroaa to proporty and proposed structures ~hereon ~lt~ p~rtlcular reference ~o ~u~o~ive a~ pedestrian safety and convenience, traffic ~1~ and control, and ~cces~ In came of ~re or ca~s~rophe: A~e~ate l~~gr es ~ Affects neighboring properties in relation to no~e~X.e, economic or odor effecr.~. _~_k~_No~feCt or Affect mitigated by ~-----~ Affect cannot be mitigated Compatibility with adjacent propertiu and pther prol~rty in the district: Compatible use wi~b~i~rict Yes ~ Ba. sed on the above fimlim;e, this rec~end~ for a~roval ~ ~ FXNDXN~ OF FA~ ~~/lS1~1 FINDING OF FACT BY COLLIER COUNTY PLANNING CCHq)~SS~ON FOR A CONDITIONAL USE PETITION FOR PETTTION NO. CU-96-16 The followi~g I fac~ are f~und: Section 2.2.3.3.1. of the Land Development Co~e authorized the conditional use. Granting'the condiClorml use will no~ adversely affe~C the public ~nterest a~ w~ll no2 adverssly afflc~ o~er proper2y~or uses tn the ~ame diskfit= or neigh~rho~ ~cause of: Ae Ce De Consis~enc7 with the L,and Development Code and Growth Management ~ Yes No ~ngrema end oqroaa Co property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow a~d control, and access in case of fire or ~strophe: Yes ~ No Affect9 neigh~ri~ properties tn relation to nol$~ glare, ecoaomtc or ~or . W No affe~ or Affec= ~i~iqa~t ~ Affect canno~ ~ ~t~igat~d Compatibility with adjacent proper~ies and pther proper~y in the district: Compatible use within dls~lfct Yes _ No .... Based on the above findings, this conditto ,-.-L _~,_..,_.~ .... nal use FINDING OF FA~ ~~/18171 FINDING OF FACT BY COLI,I~ COUNTY PLANT~N~ C131tO~SS~ON FOR CONDITION~ USE PETITION FOR PETITION NO. CU-96-16 The follovinqI fac~s are found: Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. Granting'the conditional use will not adversely affect the public interest and will not adversely affect other property;or uses in the same district or neighborhood because of: Ad Be Ce De Consistency with the Land Growth Nanagement~Plan: Yes _~ No Development Code and In, ream and ogress to property and proposed atFuct~tree thereon with particular reference to autoBotive and pedestrian safety and convenience, traffic flc~ and control, and access in came of fire or catastrophe: Adequate i~ress ~eqress Yes No Affects n~lghborinq properties in relation to noise, glare, econonic or odor effects: _~~o affect or Affect mitigated b~ Affect c~nno~ be mitigated Competibility with adjacent properties and 9ther property in the distrlct~ Compatible use vith~h~district Yes No ~ Based on the above findings, this' conditional use should, 16A-1 COLLIER C~' I.AND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEME.'N'T FOR SUBDMSION IMPRO~ PRIOR TO RECORDING OF PLAT RECITALS: L Developer ~ ~u~. w~th the delrvery of t~m Agreeme~, a~plied fm the approval by the Board ora certain IMat ~W'm ~Mivmi,~ M be known as: Waterways of Naple~ Unit 2. 2. Dw~mn 3.2 of the Co:lSat Co~'~' Lan~ Developmem Code allow~ the Developer to constm~ the TIlEREFORE, in comida-sm~e of ~ fcs~,a~n~ prt'mm's and mun~l and thc Bored do hc~cl~' convrn,mt and m~'ee ms follows: Developer mil came ~o be comtruc~d: Wat~, Sewer, Ro~ds, Drainage, and Lighting within I0 months from t~e date of approval of ~aid ~ulxlreu~on plat. ~aid improvenm~ hereinafter Upo~ comp~ ef ~ nnpr~ement~ the Developer ~Jzail ~ender m subdivis~n performance ~e~ in the amount of $29,353.~9 which ~ ten percent of the total contract cost to ~u~ivamn pt~ for recording md gram pre~,'y ~pproval of raid plat T~e requ~ nnpr~ shall nm be comidenM complete until a n~'mem of substantial completion be Developer's ~ alael with the f'nul project r~mds have been furnished Io be reviewed and spprm-ed by the Developme~ gervic~ Director tm compliance with t~e The Development ~ DUectm thalL ~ sixty (60) day~ of receipt of the mternem of rub~tantial c~ either, a) notify the Developer in wntm~ of his pretiminary approval ofthe improvcmm~, m b) noOfy the Developer in ~ of Im refmal m approve the impmvcme~ tha'ew~ ~~aee coadi~em which tbe dcvclopcr must fulfill in order m obuin the D,rect~'s a{~x~ of fl,~ im~~ Howo~, in no evcm shah ~he Deve~ ~ mh~ined fm a{~xuval in accordance w.h ~ mquimnents ~ ~ A~ shall inspect the ~ and, if f~,,,~ to be still in complimce with the Coflier Com~ land perce~ subchvision perfm~nnnce sean~/. TI~ Developer's rcspom~l~lm/for mamSenance oftt~ required improve-meats ~ coalzmse unless or m~til the Board accepts mnmlenance respomibili~y in ~ event lee Developer shall fail ar neglect lo fulfill ils oblii;alion nnder ~ Al;reement, aport cer~t'matioa of such ~ Ihe Camm/Administrator may call upon ~he sa~ performance secm~, shall be liable m I~y snd m mdenmify the Bc~-~. upon ~ of such comm~-tien. tee f'mai total cost Io Ihe Bemd ~. mcladin~ bm no~ limited Io. t'ngmeerin~ ~ and conti~.$ent costs, lo~t'~e~ ~ any dam~e~, ~ direcl m comequentiaL which lhe sustain on accom~t of~e failmm of lira Develop~ Io fulfil all of the Ixovisiam of this Agreement. 8. Ali of the terms, ca~eaam~ ~md ee~d~im~s hete~ c~ a~ ~ sh~ll be bindia~ upon the Develape~ and ~ ~-~pectWe ma:essm~ ~nd assigns of the Developer. IN W1TNESS WHEREOF, ~be Bmsd sndjl~ Devetolx~ have caused lids Atmemem m be e~am~l by theb Witne~ ~o Watetway~ Joinl Vt'~tn~ Waterways Joint Venlme By: Waterways of Naple~, Lid., as General Parlner By: Waterways DeveiopmenL BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Tm~ (Ord. No. 92-73, &2: Ord. No. 94-58, &3. i0-21-94; Ord. No. 96-21. &3) AFFIDAVIT STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Edward H. Gilbert (the "Affiant"), who, upon being duly sworn, deposes and says as follows: I. Affiant is an attorney, duly licensed to practice law in the State of Florida. 2. Affiant has reviewed certain constituent documents of Waterways Joint Venture, a Florida partnership ("Waterways"), Waterways of Naples, Ltd., a Florida limited pannership ("Naples"), Waterways Development, Inc., a Florida corporation ("Development"), and Tribris, Inc., a Florida corporation ("Tribris"); certificates of public officials; and certificates and oral and written statements of Waterways, Naples, Development and Tribris. Based upon such review, Affiant is of the opinion that: (a) (b) (c) (d) (e) FURTHER AFFIANT SAYETH NAUGHT. Waterways is a general partnership organized under the laws of the State of Florida; The only panners of Waterways are TriBris and Naples. Thc general partner of Naples is Development. Richard Davenport is President of Development is an authorized signatory for Waterways. Robert Miller is President of TriBris and is an authorized signatory for Waterways. Edward H. Gilbert - The foregoing instrument was acknowledged before me this 10th day of Scl:~ember, 1997, by Edward H. Gilbert, who (did) (did not) take an oath. J~ Personally known. [] Produced ID: My commission expires: OTAI~Y PUBLIC. State of Florida Print name: ./~/'q') ~-, 2080.002/10678.1 091097 14:16 PROFESSIONAL SERVICES AGREEMENT ~IS AGREE~NT is made and entered into this /~-~ ../~...~ dayof ~, 19~_Z, by and between the Board of County Co~issioners for Collier County, Florida, a political subdivision of the State of Florida and ~partment of Housing & Urban Improvement (hereinafter referred to as the "~WNA-R") and Wilkison & Associates, Inc., authorized to do business in the State of Florida, whose business address is 3506 Exchange Avenue. Naples. Florida 34104 (hereinafter referred to as the "CON~TANT"). W I TN E S S E TH. WHEREAS, the OWNER desires to obtain the professional engineering & surveying services of the CONSULTANT concerning certain design services for RFP#96-260? - EngineeriQg Services for Infrastructure Improvements to Shellabarger Park in Immokalee (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein: and WHEREAS, the CONS0~TANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, TH]EREFORE, in consideration of the mutual covenants and provisions contained herein, tbs parties hereto agree as follows' ARTICLE ONE CONSULTANT' S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering & surveying services in all phases of the Project to which this Agreement applies. ,2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation" which is attached hereto and incorPorated herein. 1.3. The CONSULTAN~ agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be proyided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5)'calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relat'ing to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Pro]ect Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTAN-F agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project' Manager, or'any other personnel employed 16 -2' or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. ~he CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published iaws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise ~/WER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONS[~TA~s obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the sergices to be rendered by CONSULTANT hereunder, and CONS~_TANT shall require all of its employees, agents. subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and .Project completion dates prepared by the CONSULTanT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTAN'I' represent the CONSULTANT'S best judgment as a design professional 'familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluatio~ prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTAb~. 1.11. CONSULT~/qT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE ~3 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B, Attachment B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services' 2,1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances'in connection with the Project. 2.2. Services resulting from significant cha~ges in the general scope, extent or character of the Project or its design including, b~t not limited to, changes in size, complexity, OWNER's schedule or character of construction: and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida'Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of th~ Project, unless such permits are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A scope of services, 2.4 Providing renderings or models for OWNER's use. 2.5. inves{igations and studies involving detailed c~nsideration of operations,.maintenance and overhead expenses~ the preparation of feasibility studies, cash flew and economic evaluations, rate schedules and appraisals: and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTanT and directed by ~%IER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving'the Project (except for assistance in ~ consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted engineering and surveying practice. ARTICLE tHREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define-~w/WER's policies and decisions with respect to CONSULTANT's services for the Project, However' the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be intorpreted to have the effect, of modifying or changing in any way whatever' (a) The scope of services to be provided and performed by the CONSUL'r~4T hereunder' (b) The time the coNSULTANT is obligated to commence and complete all such services' or (c) The amount of compensation the O94{ER is obligated or committed to pay the CONSULTANT, 3,2. The Project Coordinator shall' (a) Review and make appropriate reco~nendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement. (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and e×pandability, and any budgetary limitations~ (c) Upon request from CONSULTANT, assist CONSULTANAr by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the :Project° including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to an~ make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement~ and [e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER'with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULT~q-r acknowledges that access to the Project Site, to be arranged by OWI~R for CONSULTAN'F, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with' such acquisition. 10 ARTICLE FOUR TIME 4.1. services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from ~NER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a~part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT. and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulationS, strikes or lock-outs, then CONSULTA~ shall notify OW/~ER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waiyed any right which CONSb~TANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from ~NER. CONSL~TAN-f's sole remedy against OWNER Ii will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within twenty-four (24) months of the date hereof, the CONSULTANT's compensa%ion may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any ~f the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the Og;NER hereunder, the OWNER at its sole discretion and optiQn may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the ~%rER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the ~,~xrER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation". which is attached hereto and made a part hereof. Compensation for authorized ~dditional services will be made to the CONSULTANT on 12 16 -2 an hourly basis per the hourly rates set forth in Schedule B0 Attachment B. 13 ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps. evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULT~qT under thi~,Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OW?4ER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the ~4ER's use of said records, documents, tracings. plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by ~WNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAIb~FENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSO%TANT for a minimum of five (5) years from the date of termination of this A~reement or the date the Project is completed, whichever is 14 later. OWNER, the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development, the Comptroller General'of the United States, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above~ provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEI~IFICATION 8.1. The CONSULT,kNT in consideration of $10.00. the sufficiency ~nd receipt of which is acknowledged through the signing of this $ Agreement shall indemnify and hold OW%IER and its officers, or employees harmless from and against losses, penalties, damages, professional fees. including reasonable attorney fees and reasonable costs of litigation and judgments arising out of any negligent act, error or omission of the CONSULT~, its Subconsultants, Subcontractors, officers, directors, or employees. arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers or employees by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTAnt'S obligation under this paragraph shall not be limited in any way by the.agreed upon contract ~price as shown in this Agreement or the CONSULTANT,S limit of. or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's'attorney, in which the contractor agrees to hold harmless and to defend OWNER. and CONSULTAb~. its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the constructioh contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Document~, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANTNs own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or frm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the ~;NER. No provision of this Agreement shall, however, be construed as constituting an agreement between the C7~ER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist Without regard to this Agreement. ]6 ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against fTWNER arising out of this Agreement or otherwise related to the Project, except those previously mad~ in writing and identified by CONSULT~{T as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by (TWNER shall be deemed to be a-waiver of any of CYWNER°s rights against CONSULTANT. ARTICLE TERMINATION OR SUSPENSION 12.1. CONSULTAF~ shall be considered in material default of this Agreement and such default will 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 hereunder or as directed by OWT4ER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTAJ~F's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The fTWNER may so terminate this Agreement. in whole or in part, by giving the CONSUL~4T seven (7) calendar days written notice. 16A-2 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTkNT was not in default, or that its default was excusable, or that OWN-ER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSUL?ANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, Qithout cause upon seven (7) calendar days written notice to CONSI~LTANT. In the event of such termination for convenience, CONSULTAN-F's recovery against. OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSUL~AN'F shall not be entitled to any other or further recovery against CAWNER, including, but not limited to, anticipated fees or profits on work not required to' be performed. 12.~. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giging CONSULTANT two (2) calendar days prior written notice of such suspension, if all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the prbcedures set forth in Article Four herein ARTICLE THJRTEEN TRUTH IN .NrEGOTIATIO~ REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other th, an a bona fide eJployee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes. the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E. stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, 19 16A-2, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year followihg the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTI~S ~3~D ADDP3,S$ OF 1'6.1. All notices required or made pursuant to this Agreement to be given by the CONSULTA~ to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record' Board of County Commissioners. Collier County Florida ~ c/o Department of Housing and Urban Improvement 2800 N. Horseshoe Drive 20 Naples. Fl. 34104 16A-2 16.2. All notices required or made pursuant to this Agreement to be given by the ~ER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record. Wilkison & Associates, Inc. 3506 Exchange Avenue Naples, Florida 34104 16.3. Either p~rty may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT. in.representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of ~qER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 22 17.5. The headings of the Articles, Schedules. Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules. Parts and Attachments. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed : by the laws rules and regulat~ ,ohs of the State of Florida, and by the laws, rules and regulations of the'United States when providing services funded by the United States government Any suit or action' brought by.either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Colli9r County, Florida. 18 2 This Agreement, initially qonsisting of ~ continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 23 IN WITNESS WKEREOF, the parties hereto have executed this Professfonal Services Agreement for engineering & surveying services the day and year first written above. A'ITEST.' Approved as to form and legal, sufficiency. By: BOARD OF CO~qTy COMNisSiONERS FOR COLLIER COb%~I"f. FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ~'Amot~ ~ Ma~c6ck., Chairman Inc D~-vid S.' ~W l~is~n. ~7 'P-~esident ( CORPORATE SEAL ) 24 Schedule A SCOPE OF SERVICES A.2 GEOTECHNICAL AND SURVEYBNG SERVICES A.2.1 Research existing lot layout, existing ingress/egress, drainage and utility easements within Shellabarger Mobile Home Park. A.2.2 Prepare survey ofexisting features w/thin the construct/on areas including existing utilities, driveways, culverts, road signs, fire hydrants, septic tanks, and other relevant features. ^.2.3 Prepare survey to locate and section existing lake near storm sewer connection point. A.2.4 Prepare a topographic stow'er of the storTnwater outfal] route to existing swale on Immokalee Drive. A.2.5 Prepare drainage and ut/I/tv easement descriptions' and sketches, if required. A.2.6 Conduct pre-design geotechnical services, if required (not to exceed 52,000 in services). A.3 PRELEVIINARY ENGLNEERING DESIGN SERVICES A.3.1 Prepare Design Report and Pre-design Opinion of Probable Construction Costs for a single design ahemative. A.3.1.1 Meet w/th Collier County Transportation Sen,ices to examine option of design of roadwayPer Collier County standards and prepare meeting minutes. A.3.1.2 Coordinate w/th Immokalee Water & Sewer District (IWSD) for design and connection options of the Sanitary Sewer System to the ex/sting IWSD facilities. A.3.1.3 Prepare and submit five copies of the pre-design reports summarizing results orA.2.1.1 through A.2.1.3 and survey location work. Prepare a Preliminary Engineer's Opinion of Probable Construct/on Costs for single design alternative. A.4 FINAL ENGL'-N'EER~'G DESIGN, PERMITIING, AND BIDDLN'G A. 4.1 Final Eng/neer/ng Design A.4.1.1 Based on ~he comments from Counts, staffand IWSD on design report review, prepare final plan and profile construction dra:,,ings of roadway paving, stormwater improvements, and sanitary sewer system including residential hook-up, and abandonment of septic tanks. A.4.1.2 Prepare and submit plans for County, staffand IWSD review7 A.4.1.3 Based on County staffand IWSD approval of final construct/on drawings, prepare final bid quantities. A.4.1.4 Assist the Collier Counb' Department of Housing and Urban~ Improvement (t-t15I) staff in preparation of typical County contract documents including bid form proposal and County technical specifications. Also,. ass/st II!3'I in obtaining appropriate federal forms and requiremc-nts to be inserted in the bidding documents. A.4.2 Permitting A.4.2.1 Meet w/th the South Florida Water Management District (SFWMD) and/or Collier County to obtain review agency input prior to design of the proposed surface water :: management/stormwater drainage system. Prepare meeting minutes. A.4.3 A.4.2.2 Services A.4.3.1 Prepare permit applications for South Florida Water Management District (if required) and the Florida Department of Environmental Protection for waslewater collection system and provide plans to the Coil/er County Transportation Department and Immokalee Water & Sewer D/st~t For review. Provide responses to review comments dur/ng the review process. All permit application fees are to be paid by the Counb,/Ov~.-ner directly to the appropriate penn/ming agency. During Bidding Assist t-tU1 in preparation of advertisement, proposal, prepare addenda, if required, and answer contractor questions as needed to insure accurate bid responses. A.4.3.2 Attend and coordinate pre-bid meeting and prepare meeting minutes. ~4.3.3 Prepare one master copy and distribute five copies of bid sets to County and plan rooms. Issue copies of bid sets to prospective bidders from Consultant's office. A reasonable fee may be charged to prospective bidders to cover Consultant's cost for this service. A.4.3.4 Prepare and issue addendums as requested by the County. A.4.3.3 Assist in bid analysis and contractor selection as required by Collier County. A.5 SERVICES DURING CONSTRUCTION A.5.1 Attend and coordinate pre-construct/on meeting and prepare meeting minutes. A.5.2 Attend max/mum of four (4) progress meetings w/th Collier County, IWSD and Contractor to provide technical support as required to assure compliance w/~th contract documents and timely completion of construct/on. Prepare minutes for each meeting. A.5.3 A.5.4 Perform site visits, including obse.wafion of performance testing, during construction as required to provide construct/on completion certification. Review shop draxv/ngs and pay requests. A.5.5 Prepare and issue change orders requested by the County. Review, advise Count),, and conduct cost analysis of change orders requested by Contractor. A.5.6 Rev/ew density tests as provided by Contractor's testing laboratory prior to submittal to County. A.5.7 Notify Contractor of failed tests and need for retest, if required. A.5.8 Obse~'e sanitary sewer system testing and pump station start-up. A.5.9 Conducl final project walk through and prepare punch-I/st of deficient items. A.5.10 Coordinate w~'th Contractor to rectify,' outstanding punch-list items pr/or to final pay request/retainage release. 16A-2 ' A.5.11 Prepare detailed record draw/ngs based on Contractor prov/ded information to document compacted produ~. A. 5.12 Furnish record drawings to appro~x/ate permitting agencies and HUI. A.5.13 Obtain final placement-in-service authorization from appropriate review agencies. NOTE: TecMical Specifications will require Contractor to immediately not/fy Eng/neer of any dev/htion from specifications or plans and to maintain accurate record drawings and furnish them to Eng/neer at completion of construction. Schedule B - Attachment A SCHEDULE OF FEES FOR BASIC SERVICES SERVICES A.2 Geotechnical and Surveying Services FEE 5; 20,000.00(FF) A.3 Preliminary Engineering Design $ 13,925.00(FF) A.4 Final Engineering Design, Permitting, and Bidding A.5 Services During Construction lOIaL CONTRACT AMOUNT NOT TO EXCEED (}cF) Fixed Fee per attached Labor & Expense Estimate 39,800.00(FF) 1 g,775.00(FF) 92,500.00(FF) NOTE: All permit application fees arc to be paid by the County/Ovncr and are not included in the above schedule of fees. SCHEDUI_E B BASIS OF COMPENSATION B.I.I. As consideration for providing Basic SeFvices as set forth herein in Pans A.2. A.3. A.4 and A.5 of Schedule A, OWNER agrecs to pa)', and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A enlilled "Schedule Fees for Basic Services". B.I.2. Payment for Basic Services under Paris A.2, A.3, A.4, and A.5 of Schedule A shall be paid on a ~rcentage of completion b~is not to exceed 100% of the fixed fee for each task. (a) Payment for Task A.2, Geotechnical & Surveying Sen'ices, Consultant shall be paid a Lump Sum of $20,000.00 upon completion of field su~,e',' and $2,000.00 upon completion of geotechnical services, if required. (b) Pavment for Task A.3.1, Design. Report & Pre-Design Opinion of Probable Construction Costs, Consultant shall be paid a Lump Sum of S 13,925.00 no sooner than 30 days after submiual of Design Report and Pre-Design Opinion of'Probable Construction Costs to Count)'. (c) Payment for Task A.4, Final Design, Permitting, and Bidding shall be on a percentage of completion basis not to exceed $ 39,800.00. Payments shall commence no sooner than 30 days after receiving County approval to prepare final construction plans and shall occur no more often than momh!v. (d) Payment for Task A.5, Services During Construction, shall be made on a percentage of completion basis not to exceed $18,775.00. Payments shall commence no sooner than 30 days after award of bid to contractor and occur no more often than monthly. SHEDULE B - ATTACHMEI~I' B WILKISON & ASSOCIATES, INC. STANDARD HOURLY RATE SCI:IEDULE (Effective through Contract Termination/Completion) 16A-2 Principab?rofessional En~neer Principal/Registered Land Surveyor P ermitting/Regula~.ory Specialist Senior Scientist Senior Biologist Senior Professional Eng/neer Re~stered Land Surveyor Professional Eng/necr CAD Technician Designer Field Representative Project Administrator CAD Draftsman Administrative Assistant Clerical Assistant 2 Man Survey Crew 3 Man Survey Crew Computer Plot Mylar/Vellum Plots Bond Plots Photo Copies Mileage Swamp Buggy/Boat/ATV 5; 102.50/hr 5; 82.50/hr 5; 87.50/hr $ 87.50/hr $ 82.50/hr 5; 77.50/hr $ 67.50/hr 5; 67.50/hr S 52'.50/hr S 52.50/hr 5; 47.50/hr 5; 42.50/hr S 37.50/hl $ 32.50/hr S 80.00/hl S 92.50/hr - S 50.00/hr $ 1.75/sf S 0.50/sf S 0.20/ea $ 0.45/mi Hourly/Daily Services for Expert Testimony w/Il be provided at two times the Standard Hourly Rate noted above with a minimum charge of I/2 hour. Preparation time and support services provided by any employee for xvork in relation to the expert testimony will be provided at 1.5 times the Standard Hourly Rate noted above. Ira · 0 0 S~ED INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (IS©) forms and endorsements or their equivalents. (2) The insurance{required by this Agreement shall be written for not less than the limits specified herein or required by law, whicheger i~ greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the dare'of completion and acceptance of the P¥oject by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 cepies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Consultant Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. ~ 33 (5) All insurance coverages of the Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Consultant for such coverages purchased. The ~wner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 16A-2. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Consultant/Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COb{PENSATION AND EMPLOY'ERS' LIABILITY Required by this Agreement? (ch6ck one) Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Consultant/ Professional during the term of this Agreement for all employees engaged~in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than' a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee Si.000,000 Each Accident $1.000.000 Disease Aggregate $1.000.000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of th9 work. (check one) Applicable ~//Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work, (check one) Applicable Not Applicable COMMERCIAL GENERAL LIABILI?f Required by this Agreement? {check one) Yes NO (1) CoMmercial General Liability Insurance shall be maintained by the Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors. Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Comp{eted Operations coverage shall be maintained for a period of not less than five (5) years following the completion and a~ceptance by %he Owner of th~ work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and kdvertising Injury Each Occurrence Fire Damage S300,000 $300,000 $300,000 $300,00O S 50,000 __ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $50O,000 $500,000 $500,000 $ 50,000 " '°'' 16A-2 General Aggregate Products/Completed Operations Aggregate Perbonal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 Sl,000,000 $i,000,000 S 50.000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following' C6mmercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies sepalrately'to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a~"claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period IDiscovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. 16 -2 ' (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2.000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable __ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builde{-s Risk coverage shall be carried by the Owner if applicable, (check one) Applicable Not Applicable 3~39 6A-2 (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained. unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no. person or entity other than the Owner has ~n insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors. Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on a~ all-risk policy form and shall insure against the perils of fifo and extemded coverage and physical loss or damage including, without duplication of coverage, the[t, wind and hai]. vandalism, malicious mischief, collapse. falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and. at the Owner's option, shall cover reasonable compensation for Consultant/Professional's services and expenses required as a result of such insured loss. At the Owner's option. flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Consultant shall pay costs not covered by the deductibles. The responsibility of the Consultant for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. ,The. regponsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the . Owner. shall be limited to a .maximum of $1,000 for each occurrence unless~higher deductibles are identified in Exhibit C of the Contract Documents. (5) T~is property insurance shall cover portions'of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transi$. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Consultant, Contractor, Subcontractors and Sub-subcontrators in the Work. 16A-2 (?) Waivers of Subrogation. The Owner and Consultant waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional. Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such - insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable tO the Owner as fiduciary for ~he insureds, as their interests may appear. i9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ 16A-2 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) Yes No (1) Automobile Liability Insurance shall be maintained by the Consultant/Professional for the ownership, maintenance or use of any owned, non-owned or hired ~ehicle with limits of not less than: (check one) the policy. Bodily Injury &~Property Damage - $ 500.000 Bodi:ly Injury & Property Damage - $1.000,000 The Owner shall be named as an Additional Insured under UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Consultant/Professional and. if so. such policy shall be excess of the Employers' Liability. Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment'of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSLFR3dqCE Required by this Agreement? (check one) V//Yes (1) Professional Liability insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than' (~ECK ONE) $ 500,000 each claim and in the aggregate '~ Si,000,000 each claim and in the aggregate $2,000.000 each claim and in the aggregate each claim and in the aggregate 16A-2 (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater'than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 16A-2 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Wilkison & Associates, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering and surveying services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Engineering Services for Infrastructure Improvements to Shellabarger Park in Immokalee are accurate, complete and current as of the time of contracting. President Wilkison & Associates, Inc. ]BY' David S. Wilkison, P.E.-- THIS AGREEMENT entered into this ]0th day of September, 1997, at Naples, Collier County, Florida by and between the Board of County Commissioners, Collier County, hereinafter referred to as the ~" and ~,~, of Ft. Myers, a Florida non- profit corporation, 10075 Bavaria Road S.E., Fort Myers, Florida hereinafter referred to as WI/I~ESSETH W}{EREAS, the ~ is desirous of aiding in providing transportation services to the transportation disadvantaged and has deemed it to be in the public interest to do so; and WHEREAS, ~+~~ has been designated Community Transportation Coordinator (CTC) by the State of Florida, Transportation Disadvantaged Commission, pursuant to Chapter 427, F.S.. and has developed a model plan to implement the most cost effective transportation disadvantaged system possible for the Collier COUNTY; and WHEREAS, the ~~~ has received a grant of $381,950 from the State of Florida, Transportation Disadvantaged Commission, to provide transportation services to the disadvantaged, for the period of July 1, 1997 through June 30, 1998; and whereas this grant requires a $42,439 match, which is to be obtained from fare box revenues; and WHEREAS, the ~ has determined that due to an ever increasing demand for services, an additional $100,000 in local funds will be needed during the period October 1, 1997 through September 30, 1998. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the ~ and ~ agree as follows: A. provide transportation to the transportation disadvantaged in accordance with the Memorandum of Agreement entered into by GOODi!~HE~S and the State of Florida, Transportation Disadvantaged Commission for the period September 29, 1997 through September 28, 2000, a copy of which is annexed hereto as Exhibit "A"' B. possess, maintain and keep current all necessary license(s), including, but not limited to, driver's licenses, license plates and occupational licenses; C. maintain all financial records and reports relating to funds paid under this Agreement in accordance with generally accepted accounting principles at the time in effect; D. maintain books, records, documents and other evidence and accounting procedures and practices which fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement; E. maintain adequate fiscal accounting procedures; F. allow inspection, review or audit of all financial records, reports, books, documents and other evidence relating to this Agreement by COUNTY personnel, upon request by the COUNTY; G. collect statistical data of a fiscal and operational nature on a regular basis and to make fiscal, statistical and operational reports on a quarterly basis to the Naples (Collier County) Metropolitan Planning Organization Coordinator. H. include these aforementioned audit and record keeping requirements in all approved sub-contracts and assignments; I. retain all books, records and other documents relative H. include these aforementioned audit and record keeping requirements in all approved sub-contracts and assignments; I. retain all books, records and other documents relative to this Agreement for three(3) years after final payment; J. submit to the Naples (Collier County) Metropolitan Planning Organization each year, a copy of its annual report of financial and operational endeavors; K. shall submit a copy of the documentation submitted to the State of Florida, Transportation Disadvantaged Commission for reimbursement along with a service summary to the COUNTY on a monthly basis in order that the disbursement of ~ funds to reimburse ~~ may be in accordance with the pre-auditing and accounting procedures of the Circuit Court Clerk and the Board of County Commissioners as mandated by Section 129.08 and 129.09, Florida Statutes. 2. The ~ shall: A. Reimburse ~ on a monthly basis for the billable miles of non-sponsored trips that exceed the reimbursement coverage of the Transportation Disadvantaged Commission's Trip Equipment Grant. Reimbursement shall be at the $2.05 per mile rate established in ~ Memorandum of Agreement with the Florida Transportation Disadvantaged Commission, for a maximum of 48,780 billable miles over and above the miles billed to the Trip Equipment Grant, the reimbursement not to exceed $8.500 per month plus any available carry-over from previous months. 16A J B. Shall support ~, and the Naples-Collier Metropolitan Organization's project planning efforts to improve and monitor the performance of community transportation in the form of a local cash match in the amount of $10,000.00 to be used in conjunction with FTA Section 5303 Funds. 3. ~ and ~ mutually agree: A. The term of this Agreement is from October 1, 1997 to September 30, 1998. B. This Agreement may be terminated without cause by either party upon thirty (30) days prior notice in writing to the other party. C. The entire obligation of the ~ under this agreement shall not exceed $i00,000. D. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provision of service or in regard to employment. 4. NO PARTNERSHIP Nothing herein contained shall create or be construed as creating a partnership between the ~ and ~~ or to constitute ~ as an agent of the ~. 5. I}~EMNIFICATION ~ in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold ~ and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of or incidental to the 16A 3 performance of this contract or work performed thereunder, including, but not limited to, any claim(s) brought against the ~ its officers, employees or agents by any employee of GOOD WHEELS, and subcontractor, or anyone directly or indirectly employed by any of them. The first Ten ($10.00) of money received on the contract price is considered as payment of this obligation by the COUNTY. 6. NOTICES All notices from the ~ to ~~ shall be deemed duly served if mailed by registered or certified mail to ~ at the following address: GOOD WHEELS 10075 Bavaria Road S.E. Ft. Myers, Florida 33913 All notices from ~ to ~ shall be deemed duly sel-ved if mailed by registered or certified mail to the ~ to: Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 The ~ and ~ may change the above mailing addresses at a time upon giving the other party written notification. All notices under this agreement must be in writing. 7. No modification, amendments or alterations to the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality or of equal dignity herewith. 8. ~ shall not transfer or assign the performance of services called for in the Agreement without consent of local Transportation Disadvantaged Coordinating Board. 9. CONFLICT AND SERVERA~ILITY Should any provisions of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST :. .... D'WIGH~ R'.'",]~ROCK, Clerk ~-...., A./..:... , ... ,,,~, ..,,~.' ..- '. ,"~:'.', '~,t::F ':"" W'I~ESS: Approved as to form and legal sufficiency H~IDI ASHTON Assistant County Attorney BOAP~D OF COUNTY COM~4ISSIONERS COLLIER COUNTY, FI~RIDA TiMoTH/~f HANcoCK, Chairman GOOD WHEELS, INC. DELORIS ~ERIDAN, President MPO AGREEMENT GOODWHEELS DOC./KH/mk\c: mpo coordinator Traa~xxtatlon D~d~anta~ Lawton Chiles Governor September 29, 1997 ' ' Ms. Dee Sheridan Good Wheels, Inc. ' 10075 Bavaria Road S.E. Ft. Myers, Florida 33913 Peter Gianino Re: Memorandum of Agreement0VIOA) #TD9703 Cheirper~on Dear Ms. Jo Ann Hutchinson Executive Director Attached is your copy of the fully executed MOA which the Commission approved. The effective time period ofthe MOA September 29, 1997 to September 28, 2000. On behalf of the Commission, we would like to extend our appreciation to you and your staff'for your outstanding effort to continue to provide quality service to the disadvantaged in your area. Please contact this office if'you have any questions concerning this project. Sincerely, Jo Ann Hutchinson Executive Director Attachment cc: ,/Ken Heatherington, Naples MP0 Julia Savage, Southwest RPC 605 Suwannee Str~.t, M$49 · Ta/lah~, FL 32399~450 · Phone: {850} 488-6038 * Toll-fr~: (800) 983-24,15 - T0D only:. {800) 648-6084 · Fax: {850) 922-7278 Effective:~Aq/q-'/ (o ql~;~lOrO STATE OF FLORiDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED M-EMORANDUM OF AGREEMENT This Memorandum of Agreement is between the COMMISSION FOR TILE TRANSPORTATION DISADVANTAGED, hereby referred to as the 'Commission,' and Good Wheels, Inc. the COMMUNITY TRANSPORTATION COORDINATOR, designated purm,mnt to Chapter 427."F.$., to serve the transportation disadvantaged for the community that includes the entire area of Collier ' 'Coordinator." coun.ty(ies), and hereafter referred to as the This Agr~ment is made in consideration of the mutual benefits to both parties;, said consideration acknowledged hereto by the parties as good and valuable consideration. The Parties Agree: I. The Coordinator Shall: Become and ~main totally apprised of all of the T'ram~rtation Dizadvanmged r~otu'c~s available or'platmed in their desig"~ated service area. This knowledge will be used to plan, coordinate, and implement the most cost effective =a.r,.,"'portation disadvantaged tramit system possible'trader the economic and o'ther conditions that exist in the d~ignated service area. Plan and work with Community Tran~mtion Coordinators in adjacent and other areas of the state to coordinate the provision of community trips that might be h,'mdlcd at a lower overall cost to the communi~! by anouher Coordinator. Thh include= honoring any Co,."'m~ission-approved .';tatewide certification program that allows for intercounty tran.~por'mtion oppormnitie=. Co Arrange for all services in accordance with Chapter 427, Florida Statutes, and Rule 41-2, FAC, and as further required by the Commission and the local Coordinating Board approved Transportation Disadvantaged Service Plan. Ho Comply with Audit and Record Keeping Requirements by: Utilizing the Commission recognized Chart of Accounts defined in the TransporTation Accounting Consortium Model Uniform Accounting System for Rural and Specialized Trcnsporrarion Providers (uniform accounting system) for all transporution disadvantaged accounting and reporting purposes. Community Transportation Coordinators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. Assuming the responsibility of invoicing for any transportation services arranged. unless otherwise stipulated by a purchase of service contract or coordination contract. Maintaining and filing with the Comm/ssion, local Coordinating Board, and all purchasing agencies/entities such progress, fiscal, inventory, and other reports as those entities may require during the per/od of th/s Agreement. 4. Providing copies of finance and compliance audits to the Commission and Coordinating Board as requested by the Commission or Coordinating Board. Retain all financial records, supporting documents, statistical record, and any other documents Ix:meat to this Agreement for a period of five (5) years after termination of this Agree[neet. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. The Coordinator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Commission or this A~r:'.ment. They shall have full access to and the right to examine any of the said records and ~locuments during the retention period. Comply with Safety Requirernents by: Complying with Section 341.06!, F.S.,.and Rule 14-90, FAC, concerning System Safety; or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board: and Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing. Conduct drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration. Comply with Commission insurance requirements by maintaining at least rain/mum liability insurance coverage in the amount of $100,000 for any one person and 5200.000 per occurrence at all times during the existence of this Agreement. Upon the execution of this Agreement, the Coordinator shall add the Commission as an additional named i.a.~red to ali Thc Americans wi~ Disabilities Act of 1990. as it may be ~mended :'rom ume ~o time. Agreeing that compliance with this assurance cortstimtes a condition of continued receipt of or benefit from federal financial assistance, and that it is bindin~ upon the Coordinator, its successors, subcontractors, transferee, and assignees for ~he period during which such assistance is provided. Assuring that all operators, subcontractors. subgrantee, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guiderlnes, and standards. In the event of failure to comply, the Coordinator agrees that the Commission may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate ,judicial or administrative relief, to include assistance being terminated and further assistance being denied. Indemn/fy and hold harmless the Commission and all of the Commission's members, officers. agents, and employees; purchasing agency/entity officers, agents, and employee-j: and the local, state, and. federal governments from any claim, loss, damage, cost, chars.,- or expense arising out of any act, action, neglect or orrfission by the Coordinator during the performance of this Agreement, whether direct or indirect, and whether to any person or propt:rty to which the Commission or said parties may be subje:t, except that neither the Coordinator not any of its sub-contractors will be liable under this section for damages ar/sing out of injury oc damage to persons or pr. operty directly caused or resulting from the sole negligence of t?~e Commission or any of its members, officers, agents or employees; purchasing agency/er;tity, officers, agents, and employees: and local, state, or federal governments. Nothing, herein is intended to serve a~ a waiver of sovereign immunity by any agency/entity or Coor"dirmtoc to which sovereign immunity may be applicable. Nothing herein shall be construed az consent by a state agency/entity or political subdivision of the State of Florida or the federal government to be sued by third parties in any matter arising out of any Agreement ox' contract. Notwithstanding the foregoLqg, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Comm~ion's negligence. - Comply wi~ standards and performance requirements of the Commission, the C~rdinating Board approved Transportation Disadvantaged Service Plan, and any purchase of service contracting agencies/entities. Failure to meet the requirements or obligations set forth in this MOA, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan, shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Commission. Comply with subcontracting requirements by executing or negotiating contracts for transportation services with Transportation Operaton, and assuring that the conditions of such contracts are maintained. The requirements of Part i, Paragraph E.5. through M are to be included in all contracts, subcontracts, coordination contracts, and assignments made by the Coordinator for services under this Agreement. Said contracts, subcontracts, coordination 16A [n the event that different representatives are designated bv either party :after execut:on or th,s Agreement. notice of the name and address of the new representative will be rendered tn writing to the other parry and said notification attached to originals of this A_m'eement. This document has been reviewed in its entirety and approved by the local Coordinating Board at its offi~4't~eting held on . ]~ffi r~ oard"~ha irpe rs o n WITNESS WHEREOF, the parties hereto have caused these presents to be executed. COMMUNITY TRANSPORTATION COORDINATOR: STATE OF FLORIDA. COMMISSION FOR THE TRANSPORTATION DISADVANTAGED: Good Wheels, Inc. Agency Name Delori~ J. Sheridan Typed Name of Authorized Individual Title: President Title:_~¢cutive Director Staff Attorney, If Applicable Subscribed add ~-n before me this 9 Updated 1996 FLORIDA DEPARTMENT OF CORRECTIONS INTERAGENCY/PUBLIC WORKS AGREEMENT This agreement made and entered into this 1sc day of JULY 19..~_97,, by and between the State of Florida Department of Corrections' institution/facility, HSNDRY C.r. , hereinafter referred to as Corrections, and ~.hereinafter referred to as the Agency, is done so in accordance with Chapter s. 946.40 F.S., and Rules of the Deoartment of Corrections, Chapter s. 33-3.003, F.A.C., Inmate Work Program and s. 33-3.017, ~.A.C., Use of Inmates in Public Works Thc duration of this agreement is fror~ o7/(~l/q7 to 6/ln/q~ mo/dy/~ COLLIER COUNTY ROAD AND MAINT. DEPT. Work performed under this local agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual. Value Added xx Cost Savings Corrections agrees to provide for .~c= ...... 4ems so md¢cated with a check (¢') to Ine 16..~ of each appropriate number Ail other items are to ee marked "N/A" to the left of the number. Screen the inmates for the work to be performed to provide a reasonab;e basis to believe that none present a danger to property or persons. Provide up to 6-8 inmates each workday for the period of the F, greement. Medium custody f ): minimum custody ( ): both Provide t vehicles and ! Correctional O,~cers each workday tc transport inmates assigned to the Agency and to provide supervision as agreed herein. x 4. Provide food and drinks for inmate lunches. X 5. Be responsible for the apprehension of an escapee and handling o" problem inmates. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disrul:'tion in the work schedule. xx Be responsible for administering all disciplinary action taken against an inmate for infractions committed while under the supervision of the Agency. x Provide for medical treatment for ill or injured inmates and transportation of such inmates. 24 16B 2 Updated 1996 Inmate Labor NA 9. Agreement Page 2 Conduct a background check, which includes a c,dminal history check, and obtain approval by the institution/facility Superintendent or designee prior to authorizing Non-Corrections personnel to participate in training to supervise inmates. Provide orientation and training to non-Corrections personnel approved to supervise inmates prior to their assuming supervisory responsibility of an inmate squad. Training will be in accordance with Corrections' guidelines for non-. corrections personnel supervising offenders. Provide refresher training each successive training year. Notify the Agency in the event one of their employees fails to provide proper supervision of inmates. Provide inmates with all personal items of clothing appropriate for the season of the year. X 12. 13. Provide inmates for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or the Department determines that a squad should not check out. Other (attached additional page if necessary). II. The Agency agrees to provide for those items so indicated with a check to the let[ of each appropriate number. All other items are to be marked "N/A" to the left of the number. Provide Corrections with a schedule of hours which inmates will be worked in' accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule must be reported to an agreed to by Co,Tections. N_..& 2. Provide supervision of inmates in accord with Department of Corrections Rules and Regulations. Non-Corrections personnel may supervise minimum and medium custody inmates. Each such person must have a backgrou,qd check, which includes criminal history check, and be approved by the institution/facility Superintendent or designee and complete required orientation/training in the supervision of inmates. Provide transportation of inma:es to and from work if such is not provided by Corrections as agreed to in Section I of this Agreement. Provide all tools, equipment, materials and personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate to perform the required work. .25 t Updated 1996 Inmate Labor Agreement Page 3 x 5. Ensure that licensing or permits are obtained if required for the work to be performed. Provide necessary supervision and guidance for projects which require a permit which require technical assistance to complete the project. .X 6. Immediately notify Corrections in the event of an escape while the inmate is under supervision of the Agency. Repod any inappropriate behavior displayed by inmates or any inmate who fails to pedorm his tasks in an acceptable manner. NA 7. Record daily the number of hours worked by inmates using forms provided by Corrections and submit the form on a weekJy basis to Corrections. Report all inmate injuries, regardless of how minor in nature, to corrections as soon as possible. Medically related complaints made by an inmate shall be reported Io corrections as soon as practical. In cases of emergency, first aid, within the scope of the supervisor's medical training, shall be provided, request emergency health care assistance, and assistance rendered to corrections. NA 10. Provide inmates with a fifteen minute rest break in the morning and afternoon. Lunch breaks shall normally begin at 12 Noon and last at least thirty (30} minutes.' .Ensure inmates are suoervised during rest and lunch breaks. Provide an employee of the same sex as the medium custody inmate(s) to be immediately available to render assistance in cases where the squad supervisor is of the opposite sex as the inmate. .NA 11. Require each non-Correction person approved to supervise inmates and other appropriate staff members to attend orientatiorCtraining in the supervision of inmates prior to assuming supervision of inmates, and to attend annual refresher training in the supervision of inmates; Orientation/training to be provided by the Department. NA XX 12. 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold Corrections harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Agreement. If agency is an agency or subdivision of the State of Flodda, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant to Section 768.28, Flodda Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. Ensure that all work assignments/pro!ects utilizing inmates are authorized project-, of the municioali_ty, city. county_, governmental agency or non-orofit organizatior! arid that private contractors employed by your agency_ do not use inmates as any pad of their labor force. 26 Updated 1996 Inmate Labor Agreement Page 4 X 14. _Other special considerations regarding activities of the work se. uad that may be based on work location, etc. (Attach additional page(s) if applicable). Ill. The Department or the Agency may suspend this agreement or terminate this agreement with immediate notice, in whole or in part, when the interests of the Depadment or Agency requires such termination. Agreed to and signed this / 7 day of..~., 1 FloridaDe__De ent of ~,~rrections COLLIER COUNTY ROAD & MAINT. DEPT, CO]~SSIONERS Title:.,,'¢' ./'/L~..~~ Title: CHAIKM~N Title: ,,~ 4~,'/~t.~ . Title: / 27 CERTIFICATE OF A~CITY FOR CLERK OF THE CIRCUIT COURT COLLIER COUNTY, FLORIDA This is to certify that the microphotographs appearing on this reel are true and accurate reproductions of the records of the Clerk of Circuit Court, Collier County, Naples,Florida. That the records were microfilmed on the date or during the period indicated; and that at the time of microfilming the records were in the custody of the Clerk of Circuit Court. It is further certified that the records microfilmed on this reel were microfilmed under the authority of the Clerk of Circuit Court: and that in order to insure archival quality, authentic reproduction, and legal admissibility of records filmed they were microfilmed with equipment and film approved by the Department of State, Division of Library and Information Services - Records Management and that the guidelines set forth by the Department of State, Division of Library and Information Services - Records Management were adhered to. nth/Day/Year COMPLRTED ONLY WHEN ~DPLICABLF. CERTIFICATE OF AUTHENTICITY REGARDING CONTENT OF INFORMATIO~ ON FILM This to certify that the microphotographs appearing on this film: start with CASE NUMBER and end with CASE .NUMBER Microfilm Camera Operator Date - Month/Day/Year