Agenda 06/10/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June '10, 1997
9:00 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGEI'IDA ITEb! b[UST REGISTER PRIOR
TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA hIUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY I~[ANAGER AT LEAST 13
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF TillS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE [~IAY NEED TO ENSURE
THAT A VERBATi~! RECORD OF THE PROCEEDINGS IS I~IADE, WHICII RECORD INCLUDES
THE TESTIb~ONY AND EVIDENCE UFON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) bI[NUTES UNLESS
PEi~IISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIR~IAN.
ASSISTED LISTENING DEVXCES FOR THE HEARING II~iPAIP, ED ARE AVAfLABLE IN THE
COUNTY COMMISSIONERS* OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO I:00 P.I~L
2.
3.
4.
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
APPROVAL OF MINUTES
A= May 20, 1997 - Regular meeting.
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
I
Junc 10, 1997
IL
t)
proclamation proclaiming June 8-14, 199'/as Home Ownership Week. To be
accepted by Jeff Cecil, Chairman of the Chamber/EDC Affordable Housing
Committee.
SERVICE AWARDS
1) Isidro Losano - Road and Bridge - 15 years.
2)
3)
Steven Rltter- OCPM - 10 years.
Robert Nizon - Water North RO Plant - $ years.
PRESENTATIONS
I) Special pre~ntation by Senator Fred Dudley. (TItlE CERTAIN 10:04})
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
I) General Fund (001) FY 96/97
2) Community Development Fund (113) FY 96/97
3) Faclllties Construction Fund (301) FY 96/97
PUBLIC pETITIONS
COUNTY bLANAGER'S REPORT
A. COMblUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
B. PUBLIC WORKS
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Industrial Development Authority.
OTItER CONSTITUTIONAL OFFICERS
PUBLIC
COMMENT ON GENERAL TOPICS
2
June 10, 1997
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
12.
13.
1~.
IS.
16.
ADVERTISED PUBLIC HEARINGS - BCC
A. COM~'REflKNSIVE PLAN AMENDMENTS
ZONING AMENDMENTS
1) Reconsideration of Petition PUD-90-1(2), the Richland PUD which wu
heard by the BCC on May 13, 1997, a~ A~enda Item 121L(2).
OTHER
1) Petition SNR-~7-3, Edward F. Beck requestin~ a street name chan~e for
that portion of C.R. 84 which ex~ends east of C.R. 951 to Benf~eld Avenue
to be known u Beck Boulevard In Sc'es. 35 and 36, T49S, R261~, and Sees. 1
and 2, TSOS, R26E.
BOARD OF ZGNING APPEALS
A. ADVERTISED PUBLIC HF_.ARI~GS
I) Petition CU-97-11, l~lark Lamo~reux, P.E., rcprcscntlng Mike Podolski,
requesting conditional us~ #7" of the C-$ Zoning District to allow
residential unit in a Commerelal Zoning District for prol~erty located at
9765 Tamiami Trail North, further described as Lots I through 5 and 47
through S0, Block 64 of Naples Park, Unit $, in Sec. 22, 'F48S, R2SE.
2) Petition CU-97-8, Terrance L. Kepple of Kepple Engin~ring representing
the Eagles Nest Workshop Center, reque~ing Conditional Uses "1',
and "4" for a church, child care facility, and school on property located
south of and adjacent to Xmmokalre Road {~C.P,. 846') east of 1-75, south of
Longshore Lakes PUD, further described n~ Tracts 91 and 1 I0, Un.~t 97,
Golden Gate Estates, Sec. 29, T48S, R26E, consisting of approximately 4.6
ac f'e~.
IL OTHER
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
STAFF'S COMMUNICATIONS
CONSENT AGENDA - All matters listed under this item are considered to be routine and
s~km will be taken by one motion without separate discussion of each item. If discus~m is
desired by a member of the Board, that item(s) will be removed form the Consent A~'nda
and considered separately.
3
lune 10, 199'/
COMMUNITY D£V~LOPMENT & ENVIRONMENTAL SERV'.ICES
I) Recommendation to approve for r~cordlng the flnstl platt of Briar~od Unit
2) Petition AV-97-004, recommendation to stpprove for recordlnE the I~nal
plat of "Hstmpton Row" and stpprove the vacation of a potxlon of the
recorded plat of"Kendngton Park Ph~e Two". (Contlni~'d from the
mcclint of rd3/97)
PUBLIC WORKS
I) Obtain Board approval to reimburse excet~ funds to Forc~K Lake~ property
PUBLIC SERVICES
1) Recommendation that the Board of Connty Commissioners approve the
attached budget amendment to fund the Summer Youth l~ights, in the
Immokalee and Naples area.
2) Re¢ommendsttion that the Board of Collier County Commissioners stppruve
a time extension to the conceptual approval atrccment wl',~h FIoridst
Communities Trust relsttive to the Sugden Regional Park ;Freser~'ation 2000
State Grant Award.
SUPPORT SERVICES
1) Recommendation to approve st budget amendment for prsx4dlnl additional
chain link fencing to the top of the prisoners entrance (Sally Port) at the
lmmokstlee Courthouse for security reasons.
2) Recommendation :~ approve the purchase of st Protected ~elf-lnsured
Pollution Llstbility smd Rcmediatlon Insurance program.
COUNTY MANAGER ,,
1) Budget Amendment Report.
2) Recommendation to increase Airport Authority fuel revenue budget and
fuel purchase expense budget.
BOARD OF COUNTY COMMISSIONERS
1) Bostrd directive to place scrivener identification on April I, 1997, Agendst
Item l0 (a) worksheets.
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to file for record with action ns directed.
OTHER CONS'ITINJTIONAL OFFICERS -
4
June 10, 199'/
17.
L
Recommendation to endorse the United steres DepArtment d' Justlce~
universal hirin~ pro~ram form to confirm the number of position, for the
next availabte round of office or CommuniD' Oriented Pollcin~ Servic~
(COPS) t'undlng~
COUNTY A'I'rORNScY
1) Recommendation to approve a Lease Agreement between CoRier Cmmt7
and the Florida Department of Juvenile Justice for the I~sc o~
tpprmzimatcly three acres of property located north of thc Collier County
Jail at the Government Complcz for a juvenile d~tentton Facility.
2) ~__pcom_ mendation for Board to accept ncL'otiated settlement of claim ot'
Boca paints of Haplcs Association, Inc., and authorize payment and
settlement documents.
AI)JOURN
5
June I0, 1997
cc~o[x SSIOXIZ~3 ' 10, 1997
ITE~ 9(&) ' RECOMMENDATION THAT THE BOARD APPROVE
PAYMENT OF LEGAL FEES AND NECESSARY COSTS FOR INDIVIDUAL
DEFENDANTS IN BLANFORD %;. COLLIER COUNTY IN ACCORDANCE WITH
COLLIER COUNTY RESOLUTION NO. 95-632 AND WAIVE THE PURCHASING
POLICY TO THE EXTENT NECESSARY FOR IMMEDIATE SELECTION OF
OUTSIDE COUNSEL. (COUNTY ATTORNEY' S OFFICE)
ITEM 10(B) - PRESENTATION AND REQUEST FOR A RESOLUTION
OPPOSING A PROPOSED ARMY CORPS OF ENGINEERS IMPACT STUDY OF
COLLIER COUNTY. (COMMISSIONER CONSTANTINE)-
NOT~ FO~ T~
ITEM APPROVE A bKA~ au~'~-- E
L~E OF APPROXI~TELY ~E ACRES OF PROPER~ L~ATED NOR~
OF ~ COLLI~ CO~ JAIL AT ~E ~~ COMPL~ FOR A
~ILE DE--ION FACILI~-)
I~R OCLAMA TI OIV
the rJnited States is one of the fir~t countries tn the world to make
homeownership a reality for a rn~gortty of its people. Than~ to the effective
cooperation between Industry and government, the door~ of home ownership
have been opened to millions of families in the last xtx dec. les; and
homeownershlp strengthens families and stabilizes communities, encourages
savings and investment and promotes economic and civic re.rponsibilities; and
.~:pansion of homeownership spurs new production and sales of gooch and
services, thereby strengthening the economy and creating jobs; and
the Naples Area Chamber of Commerce/Economtc Development Council
Coal#ton. i~ committed to
that is affordable to
ncies.
of Collier
DWIGHT E. BROCK.. CLERK
AICP, cl-l
AGENDA
JUN 1 0 1997
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
For the meeting date of June 10, 1997
CLERICS REPORT
6A.
Analysis of Changes to Reserves for Contingencies
1. General Fund (001) FY 96/97
2. Community Development Fund (113) FY 96197
3. Facilities Construction Fund (301) FY 96/97
JUN I 0 'B97
ANALYSIS OF CHANGES TO GENERAL FUND (001)
RESERVE FOR CONTINGENCIES
For the meeting date of June 10, 1997
FY 1996-~7
RESERVE FOR CONTIHOENCIE$:
Original Budget 10/01/96
Cu~mnt Batance 5/30/97
(Reduction) or I~=reases as explained below
B.A.
Date _ Request_
11-27-96 48
EXPLANATION OF REDUCTIONS
_~=planation
To repair the bottoms of the activity and plunge pool.
12-11-96
64 To pay Utility expenses for Immokalee Child Care Center
12-11-96
12-31-96
1-16-97
1-22-97
68 To repair the Central Library Chiller
92 Reduce transfer to Road and Bridge due to additional
revenue received fro roadway sweeping and mo~ng.
110 To execute the Fair Labor Standards Act lettlement agreement
and releases with plantiff$ no longer employed by EMS.
119 To recognize cam/forward and reduce required
budget revenues.
143 To proceed with Tax Deed Appllation$ for delinquent
taxes for 1994 tax certificates,
2-11~7
2-2a. J97
~17~7
163 To fund gain sharing awards as approved by BCC 12-17-96
187 To fund emergency repairs to the Immokalee Jail, Naples Jail
and building K ice machine.
202 To pay the cost of hldng a new County Administre~x.
5-5-97
248 Improvements end new furniture for the Golden Gate Lromry.
~7~7
252 To provide funda for mandated Medicade costs.
4,675,900
(la,SO0.00)
(11.ooo.oo)
(14,475.00)
41.300.00
(42,770.00)
1.364,600.00
(35,500.00)
(12.500.00)
(15.500.00)
(53.000.00)
(435,0(X).00}
Amendments amounting to tess than
$10,000 each: (No.: 29, 17, 66, 69, 51,161,162,)
Total ReducUon~ S ~
ANALYSIS OF CHANGES TO GENERAL. FUND (001)
RESERVE FOR CONTINGENCIES
For Ihe meeting date of June 10, 1997
FY 1956.~7
RESERVE FOR CONTINGENCIES:
O~lnel Budget 10/01/96
Current Balance 5~3/97
(Reductions} or tncmlle$ as explained below
11-27-~6 48
12-11-96
12-1%96
12-31-96
1-16-97
1-22-97
1-31-g7
241-97
2-28-97
~17~7
5-5-g7
~7~7
EXPLANATION OF REDUCTIONS
Ex.p.~.tlgq
To repair the botloms of the activity end plunge pool
64 To pay Utility expenses for Immokalee Child Care Center
68 To repair the Central Library Chiller
92 Reduce transfer to Road and Brklge due to edditk~'~al
revenue received fro roadway ~ end mow~g.
110 To execute the Fair Lsbor Standards Act sememe~t
end releases with plantlfls no longer employed by EMS.
119 To recognize cam/forward and reduce requlred
budget revenues.
143 To proceed with Tax Deed Appliatton$ for delinquent
taxes for 1994 tax centfic~tea,
163 To fund gain eh~rng ~vard's as approved by BCC 12-17-96
187 To fund emergency repairs to the Immokal~ J~ll.
and bulldtng K Ice machine.
202 To pay the cost of hiring a new Couf~y Administrator.
248 Impmvementa end new furniture for the Golden Gate Library.
252 To pmvtde funds for mandated Medlcsde costa.
4,675,900
~____:_652,5!9
~.ducUon¥
{16,500.OO)
(~ 1,000.00)
(14,475.00)
41.30000
{42.770.OO)
1.364,600.00
(35.500.00)
(ao,9~.oo)
(12.~x).oo)
(15.5oo.oo)
(53.0OO.oo)
(435,OO0.oo)
Amendmen~ amounting to Joss than
$10.0OO each: (No.: 29, 17, 68, 69, 51,161,162.)
$ CA18o)
ANALYSIS OF CHANOES TO FACILITIES CONSTRUCTION FUND
RESERVE FOR CONTINGENCIES
For the meeting date of June 10, 1997
FY 199~-97
RESERVE FOR CONTINGENCIES:
Original Budget 10/01/96
CufTent Balance 6/30/97
(Reductions) or Increases la explained below
2-11-97
B.A.
Request
2-24-97
35-97
~-23-97
EXPLANATION OF REDUCTIONS
Explanation
148 Addition can',/forward Is needed for ongoing projects
for 1997.
156 Funds not needed for Lighting Retrofits, returned
to relarve~l.
196 Funds needed to cover the cost of professional
landscaping for East 41.
281 Funds needed to upgrade NC system, Security, Signage, end
repair to bathrooms at Immokalea Aquatic Center.
S 294,400
4 g ,~j_3.1._~.3
S
(Reductiofl)/
15.000.00
(32.000.00)
(29,420.00)
Amendments amounting to less than
S10,000 each: (No.: 25,210)
(12.201.00)
Total reductions
JUN I 0 1997
Pa I
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD APPROVE PAYMENT ~)F
LEGAL FEES AND NECESSARY COSTS FOR INDIVIDUAL DEFENDANTS
IN BLANFORD Y. COLLIER COUNTY. CASE NO. 97-209-CIV-FTM-99,
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF
FLORIDA, IN ACCORDANCE WITH COLLIER COUNTY RESOLUTION
NO. 95-632 AND WAIVE THE pURCHASING POLICY TO THE EXTENT
NECESSARY FOR IMMEDIATE SELECTION OF OUTSIDE COUNSEL.
~ Board approval of the payment of legal fees and necessary costs for individual
defendants in Blanford v. Collier County, Case No. 97-209-CIV-FTM-99, United States District
Court for the Middle District of Florida, in accordance with Collier County Resolution No. 95-
632 and to waive the Purchasing Policy to the extent necessary for immediate selection of
outside counsel.
CONSIDERATIONS: On May 5, 1997, Collier County, az well az a current and former Collicr
County employee, were sued by a former Collier County employee in the United States District
Court for thc Middle District of Florida. The suit alleges that the defendants violated federal and
state laws prohibiting sexual harassment and racial discrimination. In accordance with Collier
County Resolution No. 95-632, the County Attorney's Office is, with thc agreement of thc Risk
Management Department, recommending that the Board of County Cornmisaioncra authorize thc
retention of outside counsel and payment of legal fees and necessary coats for the individual
defendants in thc lawsuit. One individual dcfendant, Ms. Dawn Brebency, is currently a
supervisor in thc County's Wastewater Department, while thc other individual defendant, Ms.
Susan Copcland, is a former County cmploycc who was employed as the Administrative
Secretary to thc Public Works Division Administrator until recently.
After the Board approves the payment of legal fees and necessary costs for the individual
defendants, the County Attorney's Office and the Risk Management Department shall approve
the selection of counsel. The terms of the representation, at least with respect to fees, shall be
negotiated by the Risk Management Department and reduced to a written contract which will be
placed on a Board meeting agenda for approval. In this regard, the Board is also requested to
waive the Purchasing Policy, to the extent it applies in this situation, as being in the beat interest
of the County in the selection of outside counsel for the individual defendants and in view of the
time constraints created by applicable pleading requirements in the suit.
FISCAL IMPACT: The duration and scope of the litigation is unknown and therefore it is
impossible to predict with any precision the amount of legal fees and necessary costs that may be
incurred. Payment of the legal fees and necessary costs shall be made from the Property and
Casualty Insurance fund, i.e., Fund No. 516-121650-945200.
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: That pursuant to Collier County Resolution No. 95-632 and the
procedure outlined in this Executive Summary, the Board approve relention of outside counsel
and payment of legal fees and necessary costs for the individual defendants in the lawsuit styled
Blanford v. Collier County, Case No. 97-209-CIV-FTM-99, United States District Court for the
Middle District of Florida and that the Board waive thc Purchasing Policy to the extent it applies
to the selection and payment of outside counsel in this matter.
Prepared by:
Michael W. Pettit
Assistant County Attorney
Date
Reviewed by:
/JeffWalker, Director
Risk Management Department
Date
Approved by:
David C. Weigel
County Attorney
7
Date/
/ , o/q 7
Reappo~ntment of two members to the Collier County Industrial ~evelopment
and appointment of an ~ndividual ~o fill an u~expired term.
To adopt a resolution reappointing two members to the Collier County
Industrial Development Authority and appointing a person to fill the
unexpired term of a member who resigned.
On February 27, 1979, the Board of County Commissioners, pursuant to the
authority of Chapter 159, Part III, of the Florida Statutes, adopted
Resolution No. 79-34 creating the Collier County Industrial Development
Authority. This authority is composed of five member8 who serve
staggered, 4-year terms. Membership on the Authority is governed by
State statute and appointments and reappointments are made by the Board
of County Commissioners. The term of two members has expired, and
another member resigned, creating the need for appointments. Pursuant
to Board direction, the need for resumes was publicized and four
individuals responded.
A letter was received from J.R. Humphrey, Chairman of the Industrial
Development Authority recommending that John Agnelli and Richard Botthof
be reappointed. Mr. Humphrey also recommends that Carol Girardin, CPA,
be appointed to fill the unexpired term of Donald Berry, CPA, who
resigned following the election of his wife to the Board. The letter
outlines the experience of these applicants.
The recommended applicants are citizens and electors and are eligible for
appointment or reappointment.
FISCAL II, PACT m
None
it~C~3MM~NDATIONm
That ~he Board of County Co~mnissioners consider the request and reappoint
John Agnelli and Richard Botthof to serve 4 year terms on the Collier
JUN 10 1997
County Zndustri&l Development Authority, appoint Carol £. Girardin to
fill the unexpired term of Donald Berry, and to adopt the attached
resolution.
Co11£er County Industrial
Development Authority
AG E ND~A- Z'T~LH
JUN !
Collier County Industrial Developmen~ A,al, oe~
3200 Bailey Lane
Suite 162
Naples, Florida 34105
May 22, 1997
Honorable Timothy L. Hancock
Cha~ Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Dear Chairman Hancock:
Pursuant to the Board's direction, Ms. Filson has publicized the need for Industrial Development
Authority appointments. The press release directed resumes to be sent to the Chairman of the IDA. In
response, we have received letters from Richard Botthof, John Agnelli, Carol Girardin and Paul Kulas.
Messrs. Botthof and Agnelli are requesting re-appointment, Ms. Girardin is requesting appointment to the
unexpired term of Donald Berry and Mr. Kulas is requesting appointment.
It is my recommendation that Messrs. Botthofand Agnelli be re-appointed and that Ms. Girardin be
appointed to Mr. Berry's unexpired term. Mr. Kulas is not yet a resident and qualified elector, and under
state statute cannot be appointed. We intend to retain his resume and contact him in the future if an opening
exists.
John Agnelli has been a member of the Authority for five yca~s, and presently serves as Secretary
of the Authority. As president of Intellinet, Mr. Agnelli brings a valuable perspective as a manufacturer.
Richard Botthofhas been a member for four years and, as Southwest Florida Area President of First Union
National Bank, brings valuable banking and lending knowledge to the Authority. Both of these individuals
have valuable experience which will be important to the Authority as it moves into new areas of financing
to assist new and existing business in Collier County.
Carol E. Girardin has agreed to serve the remainder of Don Berry's term. Like Don, Carol is a CPA
and brings that most important expertise to the Authority. As you know, Carol has a long record ofcivic
activities, including the presidency of the Chamber of Commerce.
A sug&,es~ed Executive Summary and a Resolution of Appointment and Reappointmem axe attached.
Thank yoa fm yom assistance.
-- AGENgA__
JUN 1 0 1997
Pg,~
April 2, 1997
{. R. Humphrey, Chairman
Collier County Industrial Development Authority
C/O Economic Development Co. mcil of Collier County
3200 Bailey Lane
Suite 162
Naples, FL 34105
Dear Jack:
I ~auld like to talin this opportunity to respectfully request consideration for re. appointment to
the Collier County Ledustrbd Developmem Am~rity. My recem term on tim IDA was
pmfessionslly rewantin8 and it would be an honor to again serve our Community in this
My years in Collier County have granted me the privilege of'observing a small town develop into
an area of distinction with controlled growth maintaining its a~nbiance. The e~orts of'
organizations and governmental bo~ds like the Industrial Development Authority and the
dedicated individuals who advance the philosophies or' these civic minded groups have allowed
Collier County to mature into a likeable and livable locale.
I have included a brief resume for your consideration.
Enclosure
A G E N D,A..~ I ~t,I
No. / ~ ._/?~.
JUN 1 0 1997
94 t -4..14 ."J~6
Fax: ~41.4.14.8771
94],263F~21 ECOHOI~IC DEU CC 121 P~3 ~ 24 '9'? 01,:~'
JOHN J, AGNELLI
373 BAY MEADOWS DRIVE
NAPLES, FLORIDA 34113
Bom:
Education:
Wife:
Children:
Toronto, Ontario CANADA
December 27, 1940
Bachelor of Arts
McMaster University- Hamilton, Ontario CANADA
Area of Study: English, French, Psychology
Several Technical and Sales Courses; Portland Cement
Association - Skokie, Illinois
Diane M. Agnelli
Teacher at Moorings Presbyterian Day School
LeeAnn Agnelli Horton
Dartmouth College
Boston College - Law School
Member of the Massachusetts Bsr Association
Paul Agnelli
Boston College
Johnson & Wales Culinary Institute
AGENOj~ IT,~H
JUN 1 0 I997
c~t26~:~?.1 ECONOHIC Dr2U CC 121 ~ ~ 24 '~'/ 01~'
John
J.
Agnelli
President and Chief' Executive Officer and a member of. the Board of' t
Directors of'IntelliNet, lac., a local electronics controls company.
I~,r. Agnelli formerly served as the President and Chic/' Executive Officer et' Lely Development
Corporation and its subsidiaries. He wu aJso the President of' Lely Realty, Inc. He had overall
responsibility for the company's land holdings in thc United States. Prior to joining Lely, he was
Vice President of' Power Corporation, another major land developer in the Naples, Florida ~rea.
For four (4) years, 1~'. Agnelli wu also President of'Power Realty, responsible t'or marketing the
above mentioned properties.
As President of' Lely Development Corporation and President of' Lely Realty, Inc., Mr. Agnelli
oversaw the development or' Lely Resort Community which offers three (3) outstanding golf'
courses, The Classics by C. mry Player, Thc Flamingo by Robert Trent Jones, Sr., and the future
Musttng Golf. Club by Lee Trevino. At the entrance to Lely Resort is a new Naples landmark -
the Lely Freedom Horses. The monument was completed under the dkection of'Mr. Agnelli and
is considered to be the most outstanding entrance to s~y community in South l:lorida. In
addition to Lely Resort, Mr. Agnelli oversaw the completion of' Lely Bare£oot Beach, the
development of' Woodbridge Creek in Temple, Texas as well as overseeing the operation of' the
Lely Ranch in Presidio, Texas.
Previous to joining Power Corporation, Mr. Agnelli was Vice President of Sunbrella Re. aJty - a
major home builder in the Naples/Marco area for the put 25 Years and, earlier, wu & partner
and general manager of' Coast Concrete Corporation, a manufacturer and supplier of' concrete,
concrete block and root'tile.
Mr. Agneili holds a Bachelors De~'ee fi.om McMastcr University at Hamilton, Ontario, Canada,
is m,,rried w/th two children and has resided in Naples for approximately 25 years.
No.
JUN 1 0 1997
PCjo. ~)
9,1126~1 ECOI43MIC DEU CC 121 P85 APR 2a '9~ 01:~8
JOHN J. AGNELU
BOA]rD MEIVl~ER:
Collier County Induslrial Development Au~ho~y
IntemaUonM College - Chairman, Board of Trustees
Naples Institute of Mount Ida College - Board of Gov~mor~
Village Banc of Naples
Youlh Haven
PA~T BOARD MEMBER:
BancFlodda
Collier County Education Foundation
Economic Development Council of Collier County
First Union Bank of Florida
Junior Achievement Advisory Board
FELLOW:
Naples Institute of Mount Ida College
MEMBER:
Naples Area Board of Realtors
Naples Chamber of Commerce President's Club
St. Peter's Catholic Church
FURTHER:
1993 redplent of the ~ award from the Rotary Foundation of Rotary
International.
In February 1993, awarded the YMCA Pioneer Preeminent Awe~l by the Collier County
YMCA - the highest honor bestowed by the YMCA.
Chain'nan of the YMCA's annual fundraiser golf tournaments.
Founding member of the Coflier County Education Foundation's Golden Apple award for
outstanding teachers.
Deeply committed to education, as evidenced by Edison Community College's Naples
Campus at Lely Resort.
Active participant in fundralsers for various local charitable organizations.
COMMUNITY SERVICE:
Advlsoc
Past President:
Successful campaign for M. J. Volpe for County Commissioner
Lely Golf Estates P.O.A.
Avalon School - Parent Action Group
East Naples Middle School - Parent Action Group
Lely High School - Parent Action Group
Naples Cotillion ,,
AG£Np
JUN ! 0 1997
Pg.
t21 ~ pp~ 24 '9'? 01:38
9at26,.~1 ECONOMIC DE~ CC
RZCI'~ARD ALLEN BOTTHOF
4430 WtZdec Road
Naplaa, Florida 33942
(813) 434-7505
May 1987 to
Pre~ent
February 1982
tO Ma}, 1987
December 19';$
to Feb. 1982
1968 re, 1975
First Union Nar_ional Aank
Srea Presidat~t - Southwes~.~k~
Responsibili=le~ include overall admlnXstrati=n cf
banking opera~ion~ fo~ Lee, Charlotte, and C¢~llicr,
Saraso=a and Manatee counties.
gomm~rce National Bank
DirJ~tor. president. CEO
Formed u new independent national bank in Collier
County know' am Commerce National Bank which merood
into First Union National Bank in May 19S9.
Responsibtlities included the overall executiv- ~t.a
administrative operations of the bank.
Ellis Fort Myer~ Bank
pr~n{dent and
served as Executive Vice Pze~idunt O~ American Bank
ot Fort Myers which was acquired by Ellis
M¥~rn Bank, was then elected am preuidcnt, and
Chief ~xecutiv= Offiu=£. Responsibilities included
entire executive and administrative functionm
th~ ba~k, ~ncludfnG loans, operations, inv=atmen~s.
branch development a~d personnel.
~[ce President/Commercial Loan officer
Responsibilities included management,
development and marketing effort of ~ho bank; pric,~
assignments included Vice President and Man~qer of
Instalimen~ Loan Department al d
(%peratione. No.
JUN
941263E~2! ECON(~I¢ DE~ CC
Graduate of Scl%eel ¢,~ Ban~, Lng
Louisiana Sta:e Universi=Y
University c~ F1 orida, Gainsv~ !1%,
to 1962
Florida
Naples Philharmonic Ceu~er for [he Art~
Collier County YMCA
Cc. ll[er County Education
Junio:' Achievemen:
Ciris Inc.
FoCuS Funding Rub-Committee
RAB Directer
RAB - Dtreccc,:*
RAB - Pas= D~ruc%o~'
~gAB - Advisory
Director
RAB - Pa~t C~.ai~m~n
IDA Collier County
Naples Downtown Reduyulopme~t Task Force
Naples Downtown Redevelopment Authority
Advisory Board
Rconomtc D~velopment Council (EDC)
Collier Naplescape
IFAS Leadership Adwiso~ Board
Leadership Collier
Pu£ican Bay Business Association
~aples Sailing & Yacht Club
RAB - Member'
RAB - Member
R~ Member
RAB - '£rustee/~orm~r
Chairman
~AB - Pas= Chairman
RAB Past Direc%or
RAB - Graduate
RAB ~as~ Di~'~ctor
9412636~,1 ECONOMIC DEU CC ~2J F~G ~ 24 '97 0~:39
CiViC ZN~OLV~ME~
~~OLLZ£R CO%~N~X -.19_~ to ~resent
Collier County YMCA - Director
Leadership collier Graduate
~ccnomic Development Council o[ Collier C,~un~¥ - past Chairman
~conomic Development Council of Collier County T£us=ee
Naples Rotary Club - Director
Se. Arms School Foundation Pas% pre~tda~t
Coliier County Educa~ion Found~ti~.',, Director
Junior Achievement Dir=ctor
Collier Naplc~cape - Director
F_ORT MY~R~ - LEE COUNTY - 1975 to
Lee County Chamber of Commerce - Pas~ Member
Boawd of Lee County Chamber of Commerce Pas~ Director
Board o£ Lee County United Way Past Director
Board ct Directors of Lee County YMCA - Pas= Member
Lee County YMCA Past Treasurer
Executive Committee of Lcc County YMCA - Past Member
Fort My. rs Re-Development A~thority - Paso Member
Sen~or Aides Adv~-~r¥ Board of Fort Myers Pa~t Member
Certificates of Appreciation ~rom tho City of Fo~ Myer~ ~or
Community Involvement - Recipient
BRADXNTON/M~N~TEE ' 196~ to 199~
Bradenton Sertoma Club - Past President
Bradenton Down=own Development Authority ~ast Chairman
Bradenton Downtown Merchants A~ociation - Past Member
Bradenton Sertoma Club ~artoman of nhe Year
Manatee County Chamber of Commerce Past Vice President
Manatee Committee o~ 100 - Past Member
Manatee County Chapt~ of A.I.B. - instructor
Date of BizLh: 1/23/1939
St. Petersburg, Florida
JUN 0
Pg' /0
9~126~.~:~21 ECON0~IC DEU CC 121 ~ ~ 24 '97 01:d0
~nelo~AnnB~nt, C.P-A.
C~rol E. Gi~rdin, C,P.A.
Briant & Girardin, P.A.
Certified Public Account=nts
(941) 649-8484
FAX (941 ) 649-8482
March 28, 1997
Mr. Jack Humphrey, Chah'man
Collier County Industrial Development Authority
c/o Economic Development Council of Collier County
3200 Bailey' Lane, Suite 162
Naples, Florida 34105
Dc~r Jack:
The purpose of this letter is to express my interest in serving as a member of d~e Industrial
Development Authority. Per the request, I have attached a re.me. As you are aware I have
served in numerous volunteer capacities in Collier County during thc sixteen ycnrs that I have
resided here. I look forward to the opportunity to participate in the Industrial Development
Authority and in being able to combine my knowledge of the community with my accounting
skills.
If you have any questions, plea.sc do not hesitate to contact mc.
Sincerely,
Carol E. Gir~rdin, C.P.A.
CEG:vlt
p:t...~D~IN~-"'OMMDEV.LTP,
JUN 10 1997
P~o_ II
iRECEIVED
APR n 1 1997
E,Y:.. __ _
3033 Riviera Drive, Suite 103 * Naples, Florid~ 34103
t2t PrO ~ 24 '9? Ot~4t
941~t ECON~llC ~EU CC
pcnelop~AnnBfiant. C.P'A'
Caro%£.Gi~rdln, C.?'A'
Briant & Girardin, P.A._:.
Certified Public Accountants
(941) 64~
649-8~,2
FAX (94 I)
CAROL E. GIRARDIN, C.P.A.
Ms. Girardin has nineteen years of accounting and tax experience with emphasis towards
individuals, nonprofit or~izations, and real estate.
Ms. Gtr-~lin $riduated Magna Cum Laurie in 1978 from the University of Tennessee wKh a
Bachelor of Science degree and · major in Accounting. She received her certified public
Iccountlnt designation in 1980. Her prior employment included four years with Coopers &
I..ybrind. C.P.A.'s and four years with Erlckson. Clark & Company and Axthur Andersen & Co.
Ms. Girardin is active in professioral and civic organizations including the American and Florida
lnstlvarz of Certified Public Accountants. She is Treasurer of the Forum Club and FOCUS. ·
board member of the ConservancY and s member of me Grievance Comminee of the Collier
County Bar Association. She has also served as President of the Naples Ares Chamber of
Commerce and as Treasurer of the Y.M.C.A. of Collier County.
JUN 1 0 1997
Po.
3033 Riviera Drive, Suite 103 · Nnplea, Florida 34103
Membe~ Fio6da Instttu~ of C~it~d I~d~li~ ~
M~ Ames:an Insstm~ of ~fl~d Publh: Accou~a~
West Bass Lane
Suffteld, CT 06078
140 Seavtew Court
Marco Island, FL 34145
March 31, 1997
3. R. Humphrey, Chairman
Collier County Industrial Development Authority
C/O Economic Oevelopment Council of Collier County
3500 Bailey Lane, Suite 165
Naples, FL 34105
Dear Mr. Humphrey:
Enclosed is an updated resume tn response to a Eagle new release relative to
vacancies on the Collier County Industrial Development Authority.
Outing my tenure as First Selectman in Suffteld, CT, the town Industrial
Park was initiated tn my administration.
The project was completed partly by utilizing available State Oepartment of
Economic Development grant money.
Oespite a decade of economic adversity in Northern Connecticut, the program
ts well on its way to success.
8e$ng a Marco Island Condominium owner and visitor for 20 years. I am very
familiar with the island and it's growth. My plans are to move to Marco
Island permanently tn September, 1997. However, % have the liberty to move
sooner if circumstances warrant it. ! w~11 be on Marco %sland from April 5
to April 14, 1997 and will be avallable for an interview.
Please contact me at your earliest convenience regarding the above mentioned
position.
Enclosure
JUN 1 0
94t2636~2~ EO3,lOrttC DE~ CC
Resume
Paul A. Kulas
~89 West Bass Lane
Suffteld, CT 06078
Home - 860-668-5350
Work - 860-653-729t
Objective:
Experience:
Collier County [ndustrtal Oevelopment Authority
Thirty-two (32) ears in public and private service
even (27~ years Owner and Manager of Suffteld inn
Twenty-s ........... n ~C [ 0 ) Suff~eld, CT
1987 - 1992 FlrS: 3e[e~,,e · · · '
~.~ar.c.~.s. an~d~o~ntsstons: Suffte~d, CT
[980-t987 - Economic Development Commission
t968-tgBo - Zoning Board of Appeals
Stage anodeS:
1976-t978 - Chairman, Six Town MDC Regional Water Study Commission
[989-199~ - Otrector - Connecticut Conference of Municipalities
1989-t995 - Bradley International Airport Commission
X990-~ggl - Secretary - Capital Region of Council of Governments
Ftrst~: 13B7-1991 - Suffteld, CT
Supervised, coordinated daily functions in Town Hall and executed policies
established by boards and commissions.
Initiated programs, grants, projects, and provided the required approval
process necessary for implementation.
Active in state and regional Governmental agencies in representing municipal
administrative and legislative interests.
Current: Board of Selectman, Town of Suffteld, CT
William Ravets Real Estate
Education: American International College
B.S. - Business Administration
rio
JUN '10 1997
RF. SOLUTION t? -
RF. SOIoUTION FOR APPOINTMF. NT AlqP RIKAI~I~OINTM£NT
TIIK. COt,t,l£R COUNTY INI)USTRlkl~ I~,¥£I,OPM£NT AUTIIORITY
Wl IEREAS, the I~c~rd of Co~mty Commlsskm~s cmt~ the Cailler County Industrial rx~l~
Authority b)' Ce, rely Re~lut}o~ No. ~.34 m Fel~us~y 2'/, 197~; and
WI IERF. AS. the Imamard al',{~{nted certain Indk. kh,als as memhe~'~ uf Ibe Aidhority: -,nd
WI {EREJkS, In Kcordance ,wilh stalute, the tew~s of oil]ce of J~hn A{m~ll} and Rk:herd Oett~of ha'ce
e~pired; and
%VIIERF. AS, the Floa,d desires to reappoint SHin Asnell} afl~{ Richard B~tho~'; and
WIIEKEAS, DonnM Betty his res{~"d as a member of the Auqhodtyl and
V/ilEREAS. the board des{res to apl~{nt Cote{ E. O}rard}n to {11! Ihe unexp{~'d term of OeflaM
Ben')'; and
%VI IEREAS. the individuals named herein have Indicated a desire to serve on the Authority;
NOW. TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COk~K{ISSIONERS
OF COLLIER. COUNTY, F'.ORIDA that:
I. John Agnell} is hereby rear, r~ointed iD serve a t~ v, hkh will expire on Fehnmry 2{~, 2000.
2. Richard Botthof is hereby reapl',~inted to sctve a term w~kh ,*ill expire on Fehflmry 21L
2001.
Carol E. Gir~rdin is nppoinled to fill tim unexpired term ef~ld Berry. ~'hkh tern¶ expires
February 26. 19~8.
Thts Resolution shall constitute a ce~lif'tcate of'appolntmcmt and shall be filed wkh the Clerk of the
Circuit C~,d as provided by law.
11ds Reselution adopted allet aortae. ~,cond and majority vole.
DATED:_ ..-
ATTEST:
DWIG! IT E. BROCK, CLERK
BOARD OF COUNTY COK4MISSIONERS
OF COLLIER COLINTY. FLORIDA
By:._
IX,.puty Clerk
Approved as to form and legal
sulT~clenc)':
David C. Wei~l
Camry Att (x'~"Y
By:.
TimoO~y L. Ilanonck. Chairman
JUN 1 0 1997
EXECUTIVE SUMMARY
RECONSIDERA~ON OF pEITrlON PUD-90-1(2) RICHLAND PUD, BCC AGENDA
13,1997, ri'EM 12(BX2) AS RE.ADVERTISED FOR MEETING OF JUNE 10, 1997.
MAY
Thc objeciiv~ of this agenda item is to rehear and readopt Petition PUD-90-1(2) Ordinance No.97-19
for tho Richlsad PUD.
CONSIDERATIONS:
On May 13, 1997 the Collier County Board of Commissioners after a public heating approved Petition
PUD-90-1(2) r~arding the Richland PUD by Ordinance Number 97-19. The ordinance cited the
incorr~ ordinanc~ for r~l~ding. This error was detected prior to its transmittal to the Secretsry of
State and ~ therefore b~ corrected by rehearing and re. adopting Ordinance Number 97-19 ss
FISCAL IMPACT:
None
GROWTH MANAGEMENT IMPACT:
STAFF RKco~NDATION:
Staff recommends that the Board of County Commissioners readopt Ordinance Number 97-19 for the
1
JUt 10 1;JgT
·
pLANNER
i) ATE
REVIEWED BY:
RO~I~RT J. MULItERE, AICP
fm~,~W.'-/a~OLD,.4ICP - --
~LAH~G SERVICES DEPARTMENT DI~OR
~~ ~ ~RO, ~MINIST- DA~
~~ DEV. ~ E~O~AL SVCS.
DATE /
PUD~O..I~) ID~ SUMMARY/md
2
19,11T?,#[Z2~ CZ~_JTrI' ATTCI:~'Y ~ Pgl ~ 15 'gT 14~:~3
COLLIER COUNTY
3301 Tundaml ~ bet
lqapb, lqm~h 24112,
DAVID ~ W'E/GEL
CO~L,~ER COUNTY ATTORlq'EY
Heidi F. AtMrm
p.,,dm Mddich
SMrby Jun Mclbcbmu
l~iclmel W. ~
Izll~ ~r ~'~y mmPI ~ ~ .~ m~ ~. .... .-- .........
We em Tre. mtrllJIng flora · Tomhl~ TF 651T~°°' It line mm .ny peoblemm or cemG~aeem, i:~,'me no~ ua In'mmolat~ "1 (Q41)
JUN ]. 0 1~7
DAT~:
FROM:
May 15, 1997
Maur~n Kenyon, MJnut~ & Recont~
Davt~ C. Wcig~l, Cotm~ Attorney
Collier County Ordinance No. 97-19, Item 12(BX2), ~BCC Agend~t of May
13, 1997. Petition ?LTD-90' I (2), Rl¢lfland PUD
Pursuant to our telepl~one convert,trion of'May 14,1997,
No. 97-19 nc~ be sent to tho Secrotsty of State slrt. e fry. s ~v~i~d mci the lltie ofthia
ordtnnnce r~pe~ls Collier County Oniin~co No, 96-63. A r~viow et'the records [ndk:ato
tlmt Ordinnnce No. 96-63 i~ · resorting otproperty to RSIt-I In Section 2, TownsEtp 49
South, Range 25 Et~4 not the Richland PUD property. Ordinxnce No, 97-19
tho repeal of Orclinnnce No. 96-3,
B~sed on lbo above ~ by copy et Ibis Memornndum t~ Roll lTmo, I am request~ that
Petition PLrD-90' 1 (2) be re~vertised ~ith a eon'oct Ordinm~ m4 re~eduled for · public
h~aring bc£om tho Board o/County Commissloner~ at the earUe~t po~n'blo tlmo. Mr. N'mo
should also notify the petitioner ot'thls action.
Ir'you h~tw nny question~ t~garding the above, plebe contact tl~
DCW/esc
cc: M~'jorie Student, Assistant County Attorney Ron Nine, Senior ProJect Planner
Bob Mulh~re, Current planning Mamget
Vinco Cautero, Gommunity Development
EXECUTIVE SUMMARY
PETITION NO. PUD-90-1 (2), KAREN K. BISHOP OF PMS INC., OF NAPLES REPRES~G
PEBBL~ROOKE ~ LIMH'ED PARTNERSHIP I:LEQUESTINO AN AMENDMENT TO THE
RI~ PUD FOR THE PURPOSE OF CHANGING THE DEVELOPMEHr STANDARDS
FOR, "R" RESIDEHTIAL AREAS BY P. EVISING THE SIDE YARD sETrBACKS FOR SINGLE
FAMILY DETACHED HOMES FROM 7.:5 FEET TO $.0 FEET AND REVISING THE MASTER
PLAN FOP. PROPERTY LOCATED AT THE SO--ST COP, HE~ OF IMMOKALEE ROAD
(C.R. 846) AND C.IL 951, IN SECTION 2'/, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER,
cou1wrY, FLORIDA.
This petition seeks to amend a development standard for side yard requirements for single family
detached housing and to amend the Richland PUD Master Plan.
CONSIDERATIONS:
This is · PUD amendment even though the process is one of r~oning the land fi.om "PUD" to "PUD.*
When w~ use a rczoning process to accomplish a PUD amendment, we do so to achieve a level of
administrative convenience because it avoids the requirement to tract amendments and their relationship
to the original document in order to understand the totality ot' the regulations as they apply to the PUD
zonin8 district. For this reason, staff is of' the opinion that the required findings for standard and PUD
rezones do not ·pply in recognition of the fact that, when the property was initially rezoned, the
decision to approve the Richland PUD was based upon a preponderance of evidence and conditions
which support the required findings for both standard and PUD re. zoning actions.
This amendment docs nothk~; to change approved land uses or their intensity of development, but
rather ~,.ablishes deeelopment standards that allow a five (5) foot side yard requirement for single
family detached housing units while leaving unchanged other development standards.
~ the fact that no development has taken place on the property, no one's expectations can be
adversely slfected by ,, change in development standards or for that matter the revised Master Plan at
With respect to the revision to the Master Plan, this is the result of' permitting actions by jurisdictional
regional (SFWMD), and federal (U.S. Corp of Engineers), whereby definite jurisdictional preserve
were eatab~ which are different than those on the current Master Plan. This made it necessary to
revise the internal street system, lake configuration and that of the commercial tract. Although the
config~ation of the commcrcial tract has changed, the area remains the same na~ .e"
'JUN 1 0 1997'
twenty-two (i.e. :21.8) acres. The commercial tract is located within an "Activity Center' designated
area on the FLUE Map, which is technically a forty (40) acre activity quadrant.
Staffwith jurisdictional responsibility for ensuring consistency and/or compliance with GMP and LDC
requirements reviewed the Richland PUD. The General Development Commitments section of the PUD
repeat the marne commitments fi.om the cunent Richland ]PUD with respect to transportation, water
management, utilities, engineering and environmental stipulations. Reviewing staff found these
commkments appropriate for the proposed PUD document, therefore, attesting to the fact that this
PUD, when developed, will have the ability to achieve compliance with current Olv~ and LDC
requirements.
The Collier County Planning Commission heard this petition on April 17, 1997. They unanimously
recommend its approval to the Board of County Commissioners. No person addressed the CCPC. A
letter of objection was received fi.om the representative of the Crystal Lakes RV deveJopment, a copy or
which is included in this executive summary.
FISCAL IMPACT:
None
GROWTH MANAGEMENT IMPACT:
None
mSTORIC/ARCEIAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, mm
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOWI2HENDATION:
Th~ ~ Coil{er County Planning Commission recommend approval of Pet{tion PUD-90-1 (2) bgng a
petition to repeal and readopt the Richland PUD whi~ in its revised form changes the side yard
t for minglo family detached housing and.replaces the Master Plan.
· P D Y
R~NALD-~O, AICP DATE
CB]Z~ ~R
'JUN 1 0 1997
REVIEWED BY:
3
DATE
APPLICATION FOR PUBLIC HEARING
FOR
pUD AMENDMENT/DO AKEND~
cOMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES
Name of Applicant(~) ~
Applicant's Mailing Address ~
city bou.rn - state _ _ zip
Applicant's Telephone Number: Res.: _ -
IS the app%icant the owner of the subject property?
X Yes No
.... (a) If applicant is a land' trust, so indicate and name
beneficiaries below.
a licant is corporation other than a public
(b) If_~_ so indicate and name.?fficers and major
stockholders below.
~ (c) if.applicant is a partnership, limited partnership
or other business entity, so indicate and name
principals below.
----- (d) If applicant is an o%mer, indicate exactly as
recorded, and list all other owners, if any.
%
e) If appl}ca~t is a_l~s~.~ attach copy of lease, and
--'-- indicate ac=ual owners x~ ,,~ indicated on the lease.
----- (f) If applicant is a contract purchaser, attach copy of
contract, and indicate actual owner(s} name and address
below.
attach on separate page.)
Name of Agent
r, lUN 1 0 1997
' i ~ P~' ~
Agents ~ailing Address ~'
. RIPTION OF
ETAILED LEGAL DESC _ ttach on
re,est involves g
separate legal ~escription for prope~y involve~ in each ·
If property is o~-shaped, submit five (5) copies o~ su~ey (1" to
400~ scale) ·
~ ~p~ IS ~SPONSIBLE FOR S~PLYING ~ ~~ ~G~
IF QUESTIONS ~ISE CONC~ING ~E ~ DES~I~ION,
DESk,ION.
~ ~G~,s C=T~FI~IO~ S~ BE ~~'
5. A~ress or location of subject property _ O~C~'~' O~.
~er own contiguous property to the subject
6. Does propert~ o -=.. ..... hate 1aaa1 ~ascription of entire
roperty? If so, g~v=,~-~,~o <s~inade=uata, a~tach on
~ontiguous propertY. ~ ~ .....
separate page). ~
7. TYPE OF A/~ENDMENT:
'~A. PUD Document Language Amendment
B. PUD Master Plan Amendment
___C. Development order Language Amendment V
8. DOES AMENDMENT COMPLY WITH ~E COMPRE~ENS.IVE. PLAN: ...Yes
No If no, explain: ,,
9. HAS A PUBLIC HEARING BEEN }[ELD ON THIS PROPERTY .WITHIN THeE
EN SOLD AND/OR ....
~S A~¥ pORTION OF T"E PUD BE ~-u' AREA sOLD AND'OR
D'-EVELOPED? ARE ANY CHANGES pROPOSED ~-o~ *-~
DEVELOP D?
:~~es. _ .... _No. IF YES, DESCRIBE: (ATTACH
SHEETS IF NECESSARY}-
depose end say that we are the owners o= the property described
herein and which is the subject matter of the proposed hearing;
that all the answers to the questions in this application, and all
sketches, data, and other supplementary matter attached to end
made a part of this application, are honest and true to the best
of our knowledge and belief. We understand this application must
be completed and accurate before a hearing can be advertised- We
further permit the undersigned to act as our representative in any
matters regarding this Peuition. ,
MANDATORY.
NOTE: SIGNATURES OF ALL OWNERS ARE ~~F~
~IGNATURE OF OWNER ~F~
state of Florida
county of Collier
.. ; ..... ~owledaed before me t._his
~he foreq~ng PP --- ~.~{ ^ by ~n~=~ P.~¢~ ~' who
~ day of \~f~f-_ __ .u -,~o has produced ·
as identification
~Signature of N
~oT~Y
co ission f
PUD\DO APPLICATION/md/4128
3
AFFIDAVIT
I, George W. Will, being first duly sworn, depose and say
that I am an owner of the property described herein and which is
the subject matter of the proposed hearing; that all the answers
to the questions in this application, and all sketches, data, and
other supplementary matter attached to and made a part of this
on are honest and true to the best of my knowledge and
applicati , ..... ~ .... ~4,~r~ must be completed and
belief. I un~ersuana unx- a~ ...... on
accurate before a hearing can be advertised. I further permit
the undersigned to act as my representative in any matters
~.is Petition.
I~RE OF OWN
~i~OF AGENT
The foregoing ~plication was acknowledged before me this
_~_~ day of ~c~ b ~--, 199__7_, by George W. Will, who is
p~rsonally ~~ ?r who has produced
as identification and who did / did not take an oath.
Signature of Notary Public
NOTARY PUBLIC
Commission #
My Commission Expires:
pUD\DO APPLICATION/md/4128
AFFIDAVIT
I, George H. Werner, being first duly sworn, depose and say
that I am an owner of the property described herein and which is
the subject matter of the proposed hearing; that all the ans~'~':;
to the questions in this application, and all sketches, data,
other supplementary matter attached to and made a part of this
application, are honest and true to the best of my knowledge and
belief. I understand this application must be completed and
accurate before a hearing can be advertised. I further permit
the undersigned to act as my representative in any matters
_~__~rega~ding this Petition. ~~T
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Application was acknowledged before me
~- day of D~'~~-~ , 199 ~ , by George H. Werner, who i~
~ersonally known to me or who has produced
as identification and who did / did not take an oath.
.,d~ature of ~othry l~tblic
Commission ~
My Commission E~ires:
PUD\DOAPPLICATION/md/4128
Collier County Goverr~nent
2800 Ho~hoe Drive
Napl~ H 341~
Crystal Lake POA Two, Inc.
160 CR 951, Box 4001
Naples, Fla. 1t4119
March 30, 1997
Petition No. PUD-90-01 (2) Karen K. Bishop
Attention: Ronald F. N'mo, MCP
Chief Plarmer
Gentlemm:
Regarding the above petition requesting a revision of the side yard setback for
single family detached homes from 7.5 to 5.0 feet, please be advised that the Board of Directors
of Crystal Lake RV Resort objects to this change inasmuch ss it would substantially change the
density of the proposed development, thus creating more problems for no.t only those residents
but also the surrounding communities in exi~ence as well ss future developments.
This proposed change in PUD requirements would enhance the profits for the
developers, since they obviously could build more houses but as everyone knows, when the
subdivision is completed, the developers move on and are usually unconcerned by any problems
that are left behind, such ss more traffic congestion, greater water usage, larger sewer capacity
needed as well as other envLronmental problems to name a few.
Residents of our community have attempted without success to get a red and
green tra~c fight st the comer of 951 and lmmokalee. Speeding and other tra~c problems
already are in existence and without any road widening projects on the horizon, residents ofour
community rightly are concerned ss each new development is announced ss to whether or not it
will affect our quality oflife here at Crystal Lake.
For the above reasons, we strongly urge the Collier County Planning Commission
to reject the proposed change.
Thank you.
Sincerely,
Hope I Balhn
Sec~e~ tary, Crystal Lake PC_& T~~
'JUH 10 1~7 . _
.N'
NAPLES
: PARK
LOCATION
IvlAP.
~JUN ! 0 1997
P~o __ J,.-.~
TABLE 1
SINGLE
FAMILY
DEYELOPMENT STANDARDS FOR
"R" RESIDENTIAl. AREAS
SINGLE
FAMILY
ZERO SINGLE FAMILY
LOT ATTACHED AND
DETACHED LINE DUPLEX TOWNHOUSE
Category 1 2 3 4
Mimimum Lot Area 5,500 SF 5,000 SF 3,500 SF 3,000 SF
~Iinlmum Lot 55 50 35 30
Width '5
Front Yard 20 *3 20 *3 20 *3 20 *3
Front Yard for Side
Entry Garage
Side Yard '7~ ~ *6 0 or 7.5 0 Of .5 BH
Rear Yard principal 20 l0 20 20
Rear Yard 10 5 ! 0 10
L Accessory
tear Yard *1 10 5 10
;Iardmum Building 35 35 35 35
Height '2
j Distance Behveen 15 10 0 or 15 .5 SBH
Principal Structures
?ioor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF
(S.F.)
MULTI-
FAMILY
DWELLINGS
5
1 AC
150
25
15
0.5 BH
BH
15
.5 BH
35
.5 SBH
1000 SF
'JUN 10
PROPOSED LANGUAGE AMENDMENT TO
RICHLAND PUD
Proposed Amendment:
To change the Development Standards for "R" Residential Areas by revising the side
yard setbacks for single family detached homes from 7.5 feet to $.0 feet.
Why Amendment is Necessary:
To make available new products to the client.
,J
I
I
I
I
!
:
ORDINANCE 97-
%
AN ORDINANCE AMENDING ORDINANCE N~4BER
91-102, THE COLLIER COUNTY L~D
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
D'NINCORPORATED ~d~EA OF COLLIER COUNTY,
FLORIDA, BY A~ENDING THE OFFICIA/. ZONING
ATLAs MAP NUMBERED 8627N, BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
RICHI2%ND PUD, FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF IM~OKALEE ROAD (C.R.
046) ~D C.R. 951, IN SECTION 27,
TOWNSHIP 48 SOUTH, R3%NGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 150 ACRES
MORE OR LESS; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 96-63, AS AMENDED, THE
FOR2~ER RICHL3%ND PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Maren K. Bishop of PMS, Inc., representing Pebblebrooke
Lakes Limited Partnership, petitioned the Board of County-Comr~issioners
to change the zoning classification of the herein described real
property;
ONOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~2~ISSiONERS
F COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Classification of the herein ¢le~crJbed rea]
located in Section 27, TownshLp dO Sot~th, ~angu 26 Eaut, Colli(:r
County, Florida, is changed fro., "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map numbered 8627N, as described in
Ordisance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 96-63, as amt~lldud, t:nuwn au Lhu l{lchlund PUg,
adopted on Fcbruary ~3, 1996 by thu Board o[ County Commissioners of
Collier County, is hereby repealed in its entirety.
-1-
'JUN 10 1997
SECTION THREE:
Th£$ Ordinance shall become effective upon fllin~ with the
Department of State.
PASSED ~.ND DULY ADOPTED by ,the Board of County Commt$:sicmer$ of
Collier County, Florida, this day of , 19~7.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FOP~ )MID
LEG~LL SUFFICIENCY
MAI~JO~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
BY:
TIMOTHY L. HA~NCOCK, C. HAi.~*M~
.!
'JUN 1 0 1997'
ORDINANCE 97-
AN ORD!~IANCE ~MENDING ORDINANCE NU:{BER
91-102, THE COLLIER COUNTY LAND
DEVELO~{ENT CODE, WHICH INCLUDES THE
COMPREKENSIVE ZONING REGULATIONS FOR THE
UNINCO~.?ORATED AREA OF COLLIER COUNTY,
FLORIDA, BY A/~ENDING THE OFFICIAL ZONING
ATLAS ~'~? NUMBERED 8627N, BY CHANGING THE
ZONING CLASSIFICATION OF THE MEREIN
DESCRIBED REAL PROPERTY FROM 'PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
RICHLY.ND PUD, FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R.
846) ~_ND C.R. 951, IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 150 ACRES
MORE OR LESS; PROVIDING FOR THE REPEAL OF
ORDINAl:CE NUMBER 96-03, AS ~ENDED, THE
FORMER RICHLAND PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen K. Bishop of P~{S, Inc., representing Pebblebrooke
Lakes Limited Partnership, petitioned the Board of County Co~missioner$
to change the zoning c!as$ificat[on of the herein described real
property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COXXiSSiOXERS
OF COLLIER COUNTY, FLCRIDA;
SECTION ONE:
The Zoning Classification of the herein described real
located in Section 27, Township 48 South, Range 26 East, Collier
County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map nu~ered 8627N, as described in
Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 96-03, as amended, known as the Richland PUD,
adopted on February 13, 1996 by the Board of County Com~nissioners of
Collier County, is hereby repealed in its entirety.
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· a,~ 21~{ DA IT[W
JUN l 0 997
SECTION THREE:
This Ordinance shall becoma effec%lve upon filing wl%h the
Departmen% of State.
PASSED AND DULY ADOPTED by %hi Board of County Commissioners of
Collier County, Florida, this ~. day of , 1997.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
MARJOR~E M, sTUDENT
ASSISTANT COUNTY ATTORNEY
BY:
~iMOTHY L. HANCOCK, CF.AIP~V~AN
AGENDA ITEM
'jut 10
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
RICHLAND
a PLANNED RESIDENTIAL COI~4MUNITY
Prepared by:
PMS, inc, of Naples
2335 Tamiami Trail N. #303B
Naples, Florida 34103
EXHIBIT "A"
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance Number,
Revised:
Ordinance Nur~ber, A~E~DALi'EM
JUN 1 0 1997
STATEMENT OF COMPLIANCE & SHORT TITLE
SECTION I
SECTION il
SECTION III
SECTION IV
SECTION Vi
SECTION VII
SECTION VIII
Property Ownership & Description
Statement of Compliance
Project Development
Residential Development Area
Multi-Family Mid-Rise Residential Area
Retail Development Area / Community Commercial
Reserve Areas
General Development Commitments
EXHIBIT A
EXHIBIT B
EXHIBIT C
giST OF EXHIBIT8 & '65.EL[~
Vicinity Map
PUD Master Plan
Activity Center Land Use
TABLE 1
TABLE 2
Development Standards
Estimated Absorption Schedule
'JUN 3. 0 1997
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION Ill
SECTION IV
SECTION V
SECTION VI
Legal Description, Property Owners;hip and General
Description
Project Development
Residential District
Community Commercial District
Reserve District
General Development Commitments
1-1
2-1
3-1
4-1
5-1
6-1
EXHIBIT "A"
TABLE 1
LIST OF EXHIBITS AND TABLES
PUD Master Plan
Development Standards for "R" ResidentlaJ Areas
'dUN 1 0 1997
P~. ~
STATEMENT OF COMPLIANCE
The purpose of th,s section is to express the intent of George H. Werner and George W.
Will, hereinafter referred to as the Developer, to create a Planned Unit Development
(PUD) on 150 +/- acres of land located in Section 27, Township 48 South, Range 26
East, Collier County, Florida. The name of this Planned Unit Development shall be
Richland. The development of Richland will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management Plan. The
development will be consistent with the growth policies and land development regulations
adopted thereunder of the Future Land Use Element and map of the Growth Management
Plan and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use District/Urban Residential
Subdistrict and the Activity Center Mixed Use District/Activity Center Subdistrict as
identified on the Future Land Use Map as required in Objective 1, of the Future
Land Use Element (FLUE).
2. The proposed density of Richland is 4.3 dwelling units per acre which is less than
the maximum density permitted by the FLUE Density Rating System and is
therefore consistent with Future Land Use Element Policy 5.1. The entire subject
property qualifies fcra base density of four dwelling units per acre. Certain parts of
the subject property lie within a one mile radius of an activity center qualifying the
area for an additional 3 dwelling units per acre, while an additional dwelling unit per
acre is avaiIable because the project fronts on two arterial streets.
3. Richland is compatible with and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
5. The development of Richland will result in an efficient and economical extension of
community facilities and sen/ices as required in Policies 3.1.H and L of the Future
Land Use Element.
6. Richland is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
The project will be served by a complete range of services and utilities as approved
by the County.
',JUN 1 0 1997
Pg. ~
The subject property includes an Activity Center Designation, which is a
preferred location for commercial and mixed.use developments.
The project shall be in compliance with all applicable County regulations
including the Growth Management Plan.
SHORT TITLE
This ordinance shall be known and cited as the "RICHLAND PLANNED UNIT
DEVELOPMENT ORDINANCE".
III
1997
1-1
1-2
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, and (~E~NERAL DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the legal description and ownership of
Richland, and to describe the existing condition of the property to be developed.
LEGAL DESCRIPTION
The northeast 114 of Section 27, Township 48 South, Range 26 East, less the East
and North 100 feet for the purpose of road right-of-way, located in Collier County,
Florida.
1-3 TITLE TO PROPERTY
The Property is currently under the ownership of George H. Werner and George
W. Will, 5500 Tamiami Trail North, Naples, Florida, 34108.
1-4 GENERAL DESCRIPTION OF PROPERTY
Co
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The project site is located in Section 27, Township 48 South, Range 26 East,
and is bordered on the north by Immokalee Road (CR-846), on the east by
CR-951, on the south by Oakridge Middle School and on the west by
undeveloped agricultural land and Laurel ()ak Elementary School
The zoning classification of the subject property as of this submittal is PUD
(PLANNED UNIT DEVELOPMENT).
The site's vegetation includes pine fla~oods, saw palmetto, slash pine and
sabal palm. It also contains areas of cypress, fern and sawgrass. Soils on
the site are Immokalee fine sand and Arzell fine sand. A small area of
pompano fine sand is located in the southeast comer of the site.
The surrounding area is generally undeveloped, and is located within the
Activity Center Designation and Residentia~l Density. Band of the Future Land
Use Map to the Growth Management Plan.
Elevations in the area range from 13.0 - 15.0 feet according to U.S.G.S.
quadrangle maps. The site is outside of the flood plane and requires
development to be sited 18 inches above the crown of the road according to
1-1
flood insurance rate maps.
1-5
PROJECT DENSITY
The total acreage of Richland is approximately 150 acres. The
maximum number of dwelling units to be built on the total acreage is 650.
The number of dwelling units per gross acre is approximately 4.3. units. The
density on individual parcels of land throughout the project may vary
according to the type of housing placed on each parcel of land. Commercial
uses occupy approximately 21.8 acres with a maximum gross leasable floor
area of 150,000 square feet. These described land uses are set forth on the
PUD Master Plan, Exhibit "A".
At all times, property included within the Richland PUD shall be included in
determining project density including property reserved or dedicated for
public uses, such as, but not limited to, public roadways, easements,
reserves and landscape buffers.
1-2
.]UN 1 0 1997'
2-1
2-2
PROJECT DEVELOpMENi?_
PURPOSE
The purpose of this Section is to generally describe the plan of development for
Richland, and to identify relationships to applicable County ordinances, policies,
and procedures.
GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Richland, a private community, will include a broad range of Single-family,
Multi-family, Community Commercial, Hotel/Motel, Stormwater Management,
Open Space and Reserve areas. Each single-family, multi-family and
commercial parcel will be served with publicly provided utilities, including
potable water, sewer and electricity. Amenities proposed to be provided in
the project include, but are not limited to, stn.~ctures designed to provide
social and recreational space, lakes, natural and landscaped open spaces.
The Master Plan is illustrated graphically on Exhibit "A", A land use
summary indicating approximate land use acreages is shown on the plan.
The location, size, and configuration of individual tracts shall be determined
at the time of Preliminary Subdivision Plat approval with minor adjustments
at the time of Final Plat Approval, in accordance with Article 3, Division 3.2,
Section 3.2.9 of the Collier County Land Development Code.
2-3
GENERAL COMPLIANCE WITH COUNTY ORDINANCES
Regulations for development of Richland shall be in accordance with the
contents of this PUD ordinance and applicable sections of the Collier County
Land Development Code (to the extent they are not inconsistent with this
PUD ordinance) and Growth Management Plan which are in effect at the
time of issuance of any development order Io which said regulations relate
which authorizes the construction of improvements, such as but not limited
to, Final Subdivision Plat, Final Site Development Plan, and Excavation
Permit. Where this PUD ordinance fails to provide developmental
standards, then the provisions of the most similar zoning district or section
of the Collier County Land Development Code shall apply.
2-1
'jUN 0 1997
2.4
Unless otherwise defined herein, the definitions of all terms shall be
the same as the definitions set fodh in the Collier County Land '
Development Code in effect at the time of development order
application.
Co
Development permitted by the approval of this PUD will be subject to
a concurrency review under the Adequate Public Facilities Ordinance,
Article 3, Division 3.15 of the Collier County Land Development Code.
Unless modified, waived or excepted by this PUD or by subsequent
requests, the provisions of other applicable land development codes
remain in effect with respect to the development of the land which
comprises this PUD.
Bo
All conditions imposed herein or as represented on the Richland
Master Plan are part of the regulations which govern the manner in
which the land may be developed.
LAND USE
The Master Development Plan (Exhibit "A") shows proposed land uses of
development for each parcel. Minor variations in acreage sh~ll be permitted at final
design to accommodate vegetation, encroachments, utilities, market conditions,
and other hereto unforeseen site conditions.
LAND USESCHEDULE
LAND USE TYPE
RESIDENTIAL
(openspace, reserve, watermanagement&lakes)
COMMERCIAL
(open space, reserve, water management & lakes)
ACREAGE
128.5 +/-
21.8 +/-
TOTAL 150.3 +/-
THE ABOVE APPROXIMATE ACREAGE IS SUBJECT TO CHANGES PENDING FINAL DESIGN
AND PERMITTING, AND SUPERSEDES ALL ACREAGE INFORMATION PREVIOUSLY
INCLUDED IN THE APPROVED PUD DOCUMENTS.
2-2
'JUN .1. 0 1997
2-5 SITE DEVELOPMENT PLAN APPROVAL
2-6
2-7
The provisions of Article 3, Division 3.3 of the Collier County Land
Development Code shall apply to the development of platted tracts or
parcels of land prior to the issuance of a building permit or other
development order.
RESUBDIVISION
Resubdivision shall comply with Section 3.2.7.5 of the Collier County Land
Development Code.
EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas, utilities and
other purposes as may be needed. Said easements and improvements shall
be done in substantial compliance with the Collier County Land
Development Code.
Bo
All necessary easements, dedications, or other instruments shall be granted
to insure the continued operation and maintenance of all service utilities in
substantial compliance with applicable regulations in effect at the time
approvals are requested.
2-8 MODEL HOMES
2-9
2-10
Model Homes and Model Home Sales Centers shall be permitted as provided for in
Section 2.6.33.4 of the Collier County Land Development Code.
USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative
entrance ways and signage may be allowed subject to review and administrative
approval by the Collier County Planning Services Director for engineering and
safety considerations, during the development review process and prior to any
building permits.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Article 2, Division 2.7,
Section 2.7.3.5 of the Collier County Land Development Code.
2-3
'JUN 1 0 1997
,0
2-11
2-12
2-13
2-14
2-15
LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAl_
This PUD is subject to the sunset'ting provisions as provided for within Adicle 2.
Division 2.7, Section 2.7.3.4 of the Collier County Development Code.
PUD MONITORING
An annual monitoring report shall be submitted pursuant to Adicle 2, Division 2.7,
Section 2.7.3.6 of the Collier County Land Development Code.
DEDICATION AND MAINTENANCE OF FACILITIES
The Developer shall create appropriate property owner association(s) which will be
responsible for maintaining the roads, streets, drainage, common areas, and water
and sewer improvements where such systems are not dedicated to the County.
OFF-STREET PARKING AND LOADING
All off-street parking and loading facilities shall be designed in accordance with
Division 2.3 of the Collier County Land Development Code..
OPEN SPACE REQUIREMENTS
Ao
A minimum of thirty percent (30%) of the project's gross area shall be
devoted to open space, pursuant to Articte 2, Division 2.6, Section 2.6.32 of
the Collier County Land Development Code. The total project is 150 +/-
acres requiring a minimum of 45 acres to be retained as open space
throughout the Richland PUD. This requirement shall not apply to individual
development parcels.
Bo
Of the project's total 150 +/- acres, the following acreages represent 30% of
the total site, all contributing to open space.
'0
Lake · 22+1- acres
Reserve · 16+/- acres
Buffer · 7+/- acres
TOTAL :
45-~ . acres of open space
2-4
2-1;
2-17
2-18
2-19
2-20
2-21
NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land
Development Code, 25% of the viable naturally functioning native vegetation on
site shall be retained.
POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future use of building
space v,~thin common areas for the purposes of accommodating the function of an
electoral polling place.
SIGNS
Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land
Development Code.
LANDSCAPING
Landscaping shall be in accordance with Article 2, Division 2.4 of the Collier
County Land Development Code.
LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1
of the Collier County Land Development Code may be reduced with the
administrative approval of the Collier County Planning Services Director. All
lakes greater than two (2) acres may be excavated to the maximum commercial
excavation depths set fodh in Section 3.5.7.3.1; however, removal of fill from
Richland shall be limited to an amount up to 10 percent per lake (to a maximum of
20,000 cubic yards) of the total volume excavated unless a commercial excavation
permit is received.
/
EXCAVATION AND VEGETATION REMOVAL
Improvement of property shall be prohibited pdor to issuance of building permit. No
site work, removal of protected vegetation, grading, improvement of property or
construction of any type may be commenced pdor to the issuance of a building
permit where the development proposed requires a building permit under the Land
Development Code or other appl;cable County regulations. Exceptions to this
requirement may be granted by the Community Development and Environmental
2-5
JUN I 0 1997
Services Administrator for an approved Subdivision or Site Development Plan to
provide for distribution of fill excavated on site or to permit construction of an
approved water management system, to minimize stockpiles and hauling off-site or
to protect the public health, safety and welfare where clearing, grading and filling
plans have been submitted and approved meeting the standards of Section
3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon
receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the
Land Development Code.
A site clearing, grading, filling and revegetation plan where applicable shall be
submitted to the Community Development and Environmental Services
Administrator, or his designee for review and approval prior to any clearing, grading
or filling on the property. This plan may be submitted in phases to coincide with the
development schedule. The site cleadng plan shall clearly depict how the
improvement plans incorporate and retain native vegetation. The site specific
clearing, grading, and filling plan for a Subdivision or Site Development Plan may
be considered for review and approval under the following categories and subject to
the following requirements:
Removal of exotic vegetation is permitted upon receipt of a vegetation
removal permit pursuant to Division 3.9. Additional site alteration may be
permitted or required to stabilize and deter reinfestation by exotics subject to
the following:
Provision of a site filling and grading plan for review and approval by
the County;
Provision of a revegetation plan for review and approval by the
County;
c. Payment of the applicable review fee for site alteration plan review.
Site filling exceeding 25 acres to properly utilize fill generated on site, but
which does not require the removal of more than 25 acres of protected
vegetation, may be approved by the Community Development and
Environmental Services Administrator subject to submission of the following:
A site clearing plan shall be submitted for review and approval that
shows the acres to be cleared. A minimum of 25% of the natural
functioning vegetation shall be retained.
The applicant shall submit a detailed description of the fill and site
work activity including a plan indicating fill placement locations and
depths, grading plan and water management improvem
2-6
"JUN 1 0 1997
2-22
Co
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The applicant shall submit a detailed revegetation plan including a
cost estimate. The cost estimate shall include the cost of
grading, revegetation and yearly maintenance cost and a time specific
schedule on completion of the revegetation work.
The permittee shall post a surety bond or an irrevocable standby
letter of credit in an amount of 110% of certified cost estimate as
previously detailed including the maintenance cost for 3 years. The
amount of the security may be reduced upon completion of the
approved revegetation plan and upon occupation of the site. A
separate security will not be required if such costs are included in
subdivision security.
A vegetation removal permit is not required for the removal of protected
vegetation prior to building permit issuance if the conditions set forth in
Division 3.9 of the Land Development Code have been met.
SUBDIVISIONS
Subdivisions shall be in accordance with Article 3, Division 3.2 of the Collier
County Land Development Code.
2-7
A~SND^ ITEM
'JUN 1 0 1997
RESIDENTIAL
3-1
3-2
3-3
PURPOSE
The purpose of this section is to identify permitted uses and development
standards for areas within Richland designated on the Master Plan (Exhibit "A") as
"R" Residential.
MAXIMUM DWELLING UNITS
A maximum number of 650 residential dwelling units may be constructed on lands
designated "R".
GENERAL DESCRIPTION
Areas designated as "R" on the Master Land Use Plan are designated to
accommodate a full range of residential dwelling unit types.
Bo
Approximate acreage of land use tracts have been indicated on the PUD
Master Plan, in order to indicate relative size and distribution of the
residential uses. These acreages are based on concept, ual designs and
must be considered to be approximate. Actual acreage of all development
tracts will be provided at the time of permitting. Residential tracts are
designed to accommodate internal roadways.
Co
Single-family lot sizes and development regulations shall be in accordance
with Table I of this section and shall be identified by the Developer at the
time of Preliminary Subdivision Plat approval pursuant to Collier County
Zoning Regulations set forth in Division 3.2 of the Collier County Land
Development Code.
Do
Multi-family uses and development regulations shall be in accordance with
Table 1 of this section and shall be identified by the Developer at the time of
Site Development Plan approval pursuant to Section 2.5 of this document
and applicable Collier County Regulations set forth in Division 3.3 of
the Collier County Land Development Code..
:0
3-1
r{o. J~
JUN 1 0 1997
3-4
PER1VtITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or used, or land
or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1)
2)
3)
5)
6)
7)
8)
9)
10)
Single-family detached dwelling units.
Single-family attached and townhouse units.
Single-family zero lot line dwelling units.
Duplex dwelling units.
Multi-family dwelling units.
Nursing, rest homes and adult congregate living facilities.
Recreational facilities including but not limited to parks, playgrounds,
commonly owned open space, pools, tennis courts, community
buildings; guardhouses; essential services and utility structures.
Model homes, sales centers, and temporary
development/construction offices shall be permitted in conjunction
with the promotion of the development.
Water management facilities and lakes.
Any other use which is in comparable in nature, with the foregoing
uses which the Planning Services Director determines to be
compatible in the "R" district.
Permitted Accessory Uses and Structures
1)
2)
Customary accessory uses and structures, including but not limited to
covered parking, attached and detached garages and swimming
pools.
Any other accessory use which is comparable in nature with the
foregoing uses and which the Planning Services Director
determines to be compatible in the "R" District.
I
3.5
PROPERTY DEVELOPMENT REGULATIONS
A. Except as provided in Section 2.5(B), property development regulations for
land uses in the "R" Residential District are set forth in Table 1.
B. Site development' standards for categories 1.-4 uses apply to individual
residential lot boundaries. Category 5 standards apply to platted parcel
boundaries.
3-2
JUN I 0 1997
....
Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
Development standards for building relationships set forth in Table 1 shall
be established during site development plan approval as set fodh in Article
3, Division 3,3 of the Collier County Land Development Code in accordance
with those standards of the zoning dist.','ict which is most similar to the
proposed use.
In the case of residential structures with a common architectural theme,
required property development regulations may be waived or reduced
as provided by the provisions in Article 2, Division 2.6, Section 2.6.27.4.6 of
the Collier County Land Development Code. Common open space
requirements are deemed satisfied pursuant to Section 2.16 of this PUD.
Fo
Off-street parking required for multi-family uses shall be accessed by
parking aisles or driveways which are separate from any roads which serve
more than one development. A green space area of not less that ten feet
(10') in width as measured from pavement edge to pavement edge shall
separate any parking aisle or driveway from any abutting road.
Single-family zero lot line dwellings units are identifie~l separately from
single-family detached dwelling units with conventional side yard
requirements to distinguish these types for the purpose of applying
development standards under Table 1. Zero lot line dwellings shall be
defined as any type of detached single-family structure employing a zero or
reduced side yard as set forth herein, and which conform to requirements of
Collier County Land Development Code Article 2, Division 2.6, Subsection
2.6.27.4.4.1. through 3.
No housing structure containing three (3) or more dwelling units may be
located between two detached, single family structures which are less than
300 feet apart if they are a part of the same platted block. Approval to the
location of muIfiple family structures relative to existing single family
detached structures shall rest with the Development Services Director and
shall be determined at the time of Site Development Plan pre-application
meetings.
No nursing, rest homes and adult congregate living facility shall be located
within three hundred (300) feet of any single family detached or attached
dwelling units. Generally, multiple family dwelling structures with dwelling
units above dwelling units shall act as a transition area between nursing,
rest homes, adult congregate living facilities and single family detached and
3-3
I
JUN J. 0 1997
attached dwelling units.
TABLE 1
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
SINGLE
FAMU_.Y
SINGLE ZERO SINGLE FAMILY
FAMILY LOT ATTACHED AND
DETACHED LINE DUPLEX TOWNHOUSE
Cave,or7 1 2 3 4
Miuimum Lot Area 5,500 SF 5,000 SF 3,500 SF 3,000 SF
Minimum Lot 55 50 35 30
Width *5
Front Yard 20 '3 20 *3 20 *3 20 *3
Front Yard for Side 10 10 10 10
Entry Garage
Side Yard 5 *6 0 or 7.5 0 or .5 BH
Rear Yard Principal 20 l0 20 20 .
Rear Yard 10 5 10 10
Accessory
Rear Yard *1 10 5 l0 l0
bXaximum Building 35 35 35 35
lteight *2
Distance Between 15 10 0 or 15 .5 SBH
Principal
Structures
Floor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF
(S.F.)
MIIbTI-
FAMU .Y
DWELLINGS
5
1 AC
150
25
15
0.5 BH
BH
15
.5 BH
35
.5 SBH
I000 SF
3.4
COMMUNITY COMMERCIAL
4-1 PURPOSE
The purpose of this section is to identify permitted uses and development
standards for areas within Richland designated on the Master Plan (Exhibit "A") as
"C" Community Commercial.
4-2 MAXIMUM SQUARE FOOTAGE
A maximum of 150,000 square feet (gross floor area) of Community Commercial
uses may be constructed on lands designated "C".
4-3 GENERAL DESCRIPTION
Areas designated as "C" on the Master Plan are designed to accommodate
a full range of commercial uses, hotetlmotel, essential services, and
customary accessory uses.
The approximate acreage of the "C" district is indicated on the Master Plan.
This acreage is based on conceptual designs and is approximate. Actual
acreages of all development tracts will be provided at the time of Site
Development Plan or Preliminary Subdivision Plat approvals in accordance
with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier
County Land Development Code. Community Commercial tracts are
designed to accommodate internal roadways, open spaces, lakes, water
management facilities, and other similar uses.
4-4 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
Permitted Principal Uses and Structures
1)
2)
3)
4)
Agricultural Services (Group 0742, except no outside kenneling)
Amusement and Recreation Services, Indoor only (Groups
7911-7941, 7991, 7993, 7997, 7999)
Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641,
5651, 5661, 5699)
Automotive Dealers and Gasoline Service Stations (Groups 5511,
JUN ! 0 1997
5521, 5531, 5541, 5551)
4-1
5) Automotive Repair, Services and Parking (Group 7542)
6) Building Materials, Hardware, Garden Supply (Groups 5231, 5251.
5261)
7) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338,
7352, 7359, 7371-7379, 7384, 7389)
8) Communications (Groups 4832, 4833)
9) Depository Institutions (Groups 6011-6099)
10) Eating and Drinking Places (Groups 5812, 5813)
11) Engineering, Accounting and Management (8711-8721, 8741, 8742,
8748)
12) Food Stores (Groups 5411, 5421, 5441, 5451, 5461, 5499)
13) General Merchandise Stores (Groups 5311,5331,5399)
14) Health Services (Groups 8011-8049)
15) Home Furniture, Furnishings, and Equipment Stores (Groups 5712,
5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736)
16) Hotels and Motels (Group 7011)
17) Insurance Agents, Brokers and Service ( Group 6411)
18) Membership Organizations (Groups 8641, 8661)
19) Misceltaneous Repair Services (Groups 7622, 7623, 7629, 7631,
7641) (Group 7699 with approval of Planning Services Director who
shall be guided by the objective of allowing uses that are compatible
with existing development.)
20) Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984,
5992, 5993, 5999)
21) Motion Pictures (Groups 7832-7833)
22) Museum, Art Galleries (Group 8412)
23) Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163)
24) Personal Services (Groups 7211°7212, 7215, 7219, 7221,7231,
7241, 7251, 7291)
25) Real Estate (Groups 6531,6541,6552)
26) Social Services (Group 8351)
27) United States Postal Service (Group 4311}
28) Any other use which is comparable in nature with the foregoing uses
and which the Planning Services Director determines to be
compatible in the district.
4-5 ACCESSORY USES AND STRUCTURES
A. Uses and Structures that are accessory and incidental to uses permitted.
B. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be
compatible.
4-2
JUN 1 0 1997'
t
:0
4-6 Development Standards
A. Minimum lot area:
B.
C.
Do
Eo
Fo
Go
Ten thousand (10,000') square feet
Minimum lot width: One hundred (100') feet
Minimum yard requirements:
1) Front yard: twenty-five (25') feet
2) Side yard: zero or ten (0' or 10') feet
3) Rear yard: twenty (20') feet
Distance between principal structures: One half the sum of wails opposite
one another but not less than ten (10') feet.
Minimum floor area of principal structure: seven hundred and fifty square
feet (750') per building on the ground floor
Landscaping and Off-Street Parking shall be in accordance with the Collier
County Land Development Code.
Maximum height: fifty feet (50')
General application for Setbacks:
Front yard setbacks shall comply with the following:
1) If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right-of-way line.
2) If the parcel is served by a non-platted private drive, setback is
measured from the back of curb or edge of pavement.
3) If the parcel is served by a platted private drive, setback is measured
from the road easement or property line.
Maximum density of Hotel/Motel lodging facilities:
1) The net platted density of hotel rooms per acre may not exceed
twenty-six (26) units per acre.
4-3
RESERVE DISTRICT
5-1PURPOSE
The purpose of this section is to identify permitted uses and development
standards for areas within Richland designated on the Master plan (Exhibit "A"), as
Reserve.
5-2 GENERAL DESCRIPTION
Areas designated as Reserve on the PUD Master Plan are designed to
accommodate a full range of conservation and limited water management uses and
functions. The pdmary purpose of the Reserve District is to retain viable naturally
functioning wetland systems, to allow for the restoration and enhancement of
impacted or degraded wetland systems, and to provide an open space amenity for
the enjoyment of Richland residents.
5-3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1)
Passive recreational areas, boardwalks, and recreational
shelters.
2)
3)
Nature trails, excluding asphalt paved surfaces
Water management facilities, structures and lake bulkheads or other
architectural treatments
4)
5)
Mitigation areas
Any other conservation and related open space activity or use which
is comparable in nature with the foregoing uses and which the
Planning Services Director determines to be compatible in the
Reserve District
5-1
'JUN 1 0 1997
5-4 DEVELOPMENT STANDARDS
All structures shall setback a minimum of ten (10') feet from Reserve District
boundaries and roads, except for pathways, boardwalks and water
management structures, which shall have no required setback.
Lighting facilities shall be arranged in a manner which will protect roadways
and residential properties from direct glare or unreasonable interference.
Maximum height of structures - twenty five (25') feet.
Minimum distance between principal or accessory structures which are a
part of an architecturally unified grouping - five (5') feet.
Minimum distance between all other principal structures - ten (10') feet.
Minimum distance between all other accessory structures - five (5') feet.
G. Minimum floor area - None required.
H. Minimum lot or parcel area - None required.
5-5 RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code, Section 3.2.8.4.7.3 for preservation lands included in the
Reserve District. In addition to Collier County, a conservation easement may also
be required by other regulatory agencies with jurisdiction over Reserve District
lands. In addition to complying with provisions of the Collier County Land
Development Code, said easement shall be provided in accordance with the terms
set forth in the app[ 'able permit granted by said agencies. The Richland
Commons Association shall be responsible for control and maintenance of lands
within the Reserve District.
5-2
'JUN 1 0 1997
GENERAL DEVELOPMENT COMMITMENTS
6-1 PURPOSE
The purpose of this section is to set forth the standards for development of the
project.
6-2 GENERAL
All facilities shall be constructed in accordance with the final site
development plans, the final subdivision plats, and all applicable state and
local laws, codes and regulations relating to the subdivision of the land,
except when specifically noted or otherwise set forth in this document, or as
otherwise approved by Collier County. All state and federal permits shall be
effective according to the stipulations and conditions of the permitting
agencies. Final master plans, final site development plans or final
subdivision plats, and standards and specifications of the Collier County
Land Development Code re~ating to the same shall apply to this project,
except as otherwise set forth herein.
6-3 PUD MASTER PLAN
The Master Plan (Exhibit "A"), is an illustrative preliminary development
plan. The design elements and layout illustrated on the Master Plan shall be
understood to be flexible, so that the final design may satisfy the
Developer's criteria and comply with all applicable requirements of this
ordinance.
Bo
The Planning Services Director shall be authorized to approve minor
changes and refinements to the Richland Master Plan upon ~witten request
of the Developer.
C. The following limitations shall apply to such requests:
1)
The minor change or refinement shall be consistent with the Co{Set
County Growth Management Plan and the PJchland PUD documenL
2)
The minor change or ~ shall not consfit~e a substantial
change pursuant to AzlJcle 2, Division 2.7, Subsection 2.7.3.5.6 of
the Collier County Land Deve{~ Code.
6-1
ju, 0
3)
The minor change or refinement shall be compatible with adjacent
land uses and shall not create detrimental impacts to abutting land
uses, water management facilities, and Reserve areas within or
external to the PUD.
4)
All necessary easements, dedications or other instruments shall be
granted to ensure the continuance operation and maintenance of all
service utilities.
5)
Agreements, provisions or covenants which govern the use,
maintenance and continued protection of the PUD and common areas
will be provided.
6-4 DEVELOPMENT COMMITMENTS
A TRANSPORTATION
1)
When deemed warranted by the County, the Developer shall provide
fifty (50') feet of additional road right-of-way along the south side of
lmmokalee Road. Road Impact Fee credits will be allowed for this
right-of-way to the maximum extent provided in. the Road Impact Fee
Ordinance and in accordance with the approved conversion formula.
2)
When deemed warranted by the County, the Developer shall provide
left and right turn lanes at all project accesses on both Immokalee
Road and CR-951. If median opepings are permitted upon the four
laning of either road, the Developer shall be responsible for the cost
of all intersection modifications needed to serve project accesses.
3)
Developer shall provide a fair share contribution toward the capital
cost of traffic signals at any project access when deemed warranted
by the County. The signals will be owned, operated and maintained
by Collier County.
4)
5)
6)
When deemed warranted by the County, the Developer shall provide
arterial level street lighting at all project accesses.
The road impact fee shall be as provided in the schedule contained in
Division 4.1 of the Collier County Land Development Code, or as may
be amended, and shall be paid at the time building permits are issued
unless othe~vise approved by the Board of County Commissioners.
Access improvements shall not be subject to impact fee credits and,
excluding traffic signals, shall be in place before any certificates of
occupancy are issued.
I 'JIJt, t 1.. 0 1997
B
C
7)
All traffic control devices used, excluding street name signs, shall
conform with the Ma, nual o.n Unifq~rm Traffic ¢o. ntrol Devices, as
required in Chapter 316.0747, Florida Statutes.
WATER MANAGEMENT
1)
Excavation permits will be required for the proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code, as amended. Excavated material from the property is intended
to be used within the project site.
2)
Developer shall be responsible for the installation of properly sized
culveds at proposed entrance road locations placed on the relocated
swale centerline, at such time as driveways are installed.
3)
Detailed paving, grading and site drainage plans shall be submitted to
Engineering Review Services for review. No construction permits
shall be issued unless and until approval of the proposed construction
in accordance with the submitted plans is granted by Engineering
Review Services.
4)
In accordance with the Rules of the South Flori'da Water Management
District (SFWMD), Chapters 40E4 and 40E-40, this project shall be
designed for a storm event of 3-day duration and 25-year frequency.
5)
Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of Division 3.2 of the
Collier County Land Development Code.
UTILITIES
1)
Water Distribution, sewage collection and transmission and interim
water and/or sewage treatment facilities to serve the project are to be
designed, constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-76, as amended,
and other applicable County rules and regulations.
2)
All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of the County
and will be billed by the County in accordance with the County's
established rates. Should the County not be in a position to provide
water and/or sewer service to the project, the water and/or sewer
customers shall be customers of the interim utility established to serve
the project until the County's off-site water and/or sewer facilities are
available to serve the project.
6-3
'JUN [ 0 1997
PC. ~
D
3)
It is anticipated that the County Utilities Division will ultimately supply
potable water to meet the consumptive demand and/or receive and
treat the sewage generated by this project. Should the County system
not be in a position to supply potable water to the project and/or
receive the project's wastewater at the time development
commences, the Developer, at his expense will install and operate
interim water supply and on-site treatment facilities and/or interim
on-site sewage treatment and disposal facilities adequate to meet all
requirements of the appropriate regulatory agencies. An agreement
shall be entered into between the County and the Developer, binding
on the Developer, his assigns or successors regarding any interim
treatment facilities to be utilized. The agreement must be legally
sufficient to the County, prior to the approval of construction
documents for the project and be in conformance with the
requirements of Collier County Ordinance No. 88-76, as amended.
4)
If an interim on-site water supply, treatment and transmission facility is
utilized to serve the project, it must be properly sized to supply
average peak day domestic demand, in addition to fire flow demand
at a rate approved by the appropriate Fire Control District servicing
the project area.
5) Public Service Commission Territories:
Prior to approval of construction documents by the County, the
Developer must present verification pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted
territorial rights to the Developer to provide sewer and/or water service
to the project until the County can provide these services through its
water and sewer facilities.
ENVIRONMENTAL
1)
Petitioner shall be subject to Division 3.9 of the Collier County Land
Development Code, requiring the acquisition of a tree removal permit
pdor to any land clearing. A site cleadng plan shall be submitted to
the Community Development and Environmental Services
Administrator for review and approval pdor to any substantial work on
the site. This plan may be submitted in phases to coincide with the
development schedule. The site cleadng plan shall clearly depict how
the final site layout incorporates retained native vegetation to the
maximum extent possible and how roads, buildings, lakes, parking
lots and other facilities have been odented to accommodate this goal.
6-4
JUN 1 0 1997
',.- , '--
2)
3)
4)
5)
6)
Native species shall be utilized, where available, to the maximum
extent possible in the site landscaping design. A landscaping plan will
be submitted to the Community Development and Environmental
Services Administrator for review and approval. This plan will depict
the incorporation of native species and their mix with other species, if
any.
All exotic plants, as defined in the Land Development Code, shall be
removed during each phase of construction from development areas,
open space areas, and preserve areas. Following site development,
a maintenance program shall be implemented to prevent re-invasion
of the site by such exotic species. This plan, which will describe
control techniques and inspection intervals, shall be filed with and
approved by the Community Development and Environmental
Services Administrator
If during the course of site clearing, excavation or other constructional
activities, an archaeological or historical site, artifact or other indicator
is discovered, all development at that location shall be immediately
stopped and the Community Development and Environmental
Services Administrator shall be notified. Development will be
suspended for a sufficient length of time to enable the Community
Development and Environmental Services Administrator or a
designated consultant to assess the find and determine the proper
course of action in regard to its salvageability. The Community
Development and Environmental Services Administrator will respond
to any such notification in a timely and efficient manner so as to
provide only a minimal interruption to any constructional activities.
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.
In accordance to Florida Game and Fresh Water Fish Commission
(FGFWFC) and U.S. Fish and Wildlife Service (USFWS) guidelines or
authorization, should foraging habitat within a red-cockaded range
become jurisdictional to these agencies during the approval process,
the developer will
6-5
'JUN 1 0 1997
E
comply with these regulations and guidelines as set fodh for
development and management of these habitats (Collier Count'/
Comprehensive Plan, Policy 7.3.4).
SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS
1)
Section 3.2.8.3.19: Street name signs shall be approved by
the County Engineer but need not meet U.S.D.O.T.F.H.W.A.
Manual on Uniform Traffic Control Devices. Street pavement
painting, striping, and reflective edging requirements shall be
subject to the County Engineer's approval, but need not meet
standard county requirements.
2)
Section 3.2.8.4.16.5: Street rights-of-way and
cross-sections for the roads shall be as designated by
developer at time of final construction plans.
3)
Section 3.2.8.4.16.6: The 1,000 feet maximum dead-end
street length requirement shall be waived.
4)
Section 3.2.8.4.16.8: Back of curb radii may be.reduced to
thirty (30') feet at local intersections.
5)
Section 3.2.8.4.16.10: The requirement for one hundred
(100') feet tangent sections between reverse curves of streets
shall be waived.
6)
Section 3.2.8.4.21: The requirement for blank utility casings
shall be subject to County engineering approval, but need not
meet standard County requirements.
MISCELLANEOUS
1)
Access to the project shall be restricted to those access points
shown on Exhibit "A".
6-6
JUN 1 0 1997
RICHLAND P.U.D.
CONCEPTUAL MASTEFI PLAN
EXHIBIT 'A'
AGE; DA IT
Ne.
EXECUTIVE SUMMARY
PETITION SNR-97-3, EDWARD F. BECK REQUESTING A STREET NAM~
CHANGE FOR THAT PORTION OF C.R. 84 WHICH EXTENDS EAST OF C.R. 951
TO' BENFIELD AVENUE TO BE KNOW AS BECK BOULEV~, LOCATED IN
SECTION 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND SECTIONS l&
2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNq.'Y, FLORIDA.
OBJECTIVE: The petitioner requests that the street east of 951 to Benfield Avenue
(Old Alligator Alley) be renamed to Beck Boulevard.
CONSIDERATION: Mr. Edward Beck was killed on th. is section of roadway while he
was working for the State of Florida as a toll taker. At th.is time, the Slate of Florida will
be naming the new toll plaza, The Edward Beck Toll Plaza. As of now, County Road 84
has no official name. This would give County Road 84 an identity, and the new toll plaza
will be able to address itself as The Edward J. Beck Toll Plaza, 10000 Beck Boulevard.
FISCAL IMPACT: The fiscal impact to Collier County consists of a one time cost to
replace two street signs at approximately $100.00 each. The Transportation Department
will be responsible to change these signs. The cost center that will reflect this work is
#101163630.
GROWTH MANAGEMENT IMPA(~: None
RECOMMENDATION: That the Board of County Commissioners approve Petition
SNR-97-3
Robert Salvgg~i6 z.~
Custo. mer S;Fvi$.~5,gent Supervisor
Ed Pefico
Building Director
APPROVED BY:
-~ncent A. Cautero, Administrator
Community Development & Environmental Service:
JUN 1 0 1997
· S NR 9
vzs ox co '¢u.m' DEVELOP.mi
STREET ~EqUEST
DATE; ' January 22, 1997
TYPE OF REQUEST: Proposed Street ~ame:
S:reet lqame Change: ~hmnn? CE R4 tn "RFCI~ R~ VII_"
Address:
LOCATION: Subdivision:
Unrecorded Pla~:
Acreage - Section: I~ ~ Tovnship: ,.5-0 ~ange: ~&
LEGAL DESCRIPTION: County Road 84 (01d Alligator Alley) from a point at
951, east to Benfield Ave. About one and one Quarter mile.
XEXSON (if applicable): TO honor the memory of Edward J. Beck who was killed
on that section of roadway while he was working for %he State of Florida as a
toll taker. The new 1-75 toll plaza ts ~otn~ to be named for him, however he
was killed on the old section of highway, and this would be a fitting tribute.
Prr~TION£~: ~dward F. Beck (son of E.J.Beck)TrL~HONE: 909-368-1276
ADDRESS: 340 95th Street Stone Harbor, New Jersey 08247
CC,'e4.ENTS: As of now CR 84 has no official name. This would give CR 84 an
identity, as well honoring my fat6er. Also, the New Toll Plaza will be able
to address itself as The Edward J. Beck Toll Plaza, ???? Beck Blvd. Naples, Fl.
~LECOI~H~rD AT I ON S:
4
&
0
R,ZSOLUTIOt~ NO. 97-__
RESOLUTION KEOU~STING A ST~TKAME
CHANGE FOR THAT PORTION OF C.R. 84 WHICH
EXTENDS EAST OF C.R. 951 TO BENFIELD
AVEN'JE TO BE ~ ~ ~ECK
L~TED IN SECTIO~ 35 & 36, T~SHIP 49
TO. SHIP 50 SO.H, ~GE 26 ~T, CO~IER
CO~Y,
W~, ~he Board of County C~lssioners is authorized pugsuan~
~o authorl=y of Chapter 336.05, Florida S~.tu=es, to
~, ~ht Board of County Co~lssloners has been reCesSed
conft~ ~he n~lng of Beck ~oulevard. This
Sections 35 & 36, To. ship 49 Sou~h, Ranga 26 Eas~, and Sec=ton I & 2,
To. ship 50 Sou=h, Range 26 Eas=~ Collier
WHE~, ~here appears to be no s~reet in Collier County with ~his
name or any similar so~ding n~e~ and
WHE~, i= Is necessary for identification pu~oses ~o confl~
~he n~e of ~his
NOW THE~FOP~, BE IT ~SOL~D BY T~
OF COLLIER CO~TY, ~RI~:
The n~e of ~his s=ree~ is her~y n~ Beck Boulevard ~d
confi~ed as such.
BE IT ~THER ~$OL~D =ha= ~his Resolu~lon~ recorded In ~he
P~lic Records of Collier County, Florida, and no~ed u~n ~he ~ps of
~he s=ree~ and zoning a~lases of Collier
~he r~ferenced Pla=.
This Resolu~ion adop=ed after ~lon, second and ~Jori~y vo~e.
~ne ~his ~y of , 1997.
ATTEST:
DWIGHT E. BRCXiK, CLERK
APPROV~D~S TO FOR}{ ~ LEGA/.
SUFFICIENCY:-
~j%RJOR~E M. STUDENT
';,S$IST;tNT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY',
.IMOTHY L. HANCOCK, CHAi[~I'iAN
JUN 1 0 1997
PI. ~
EXECUTI3rE SUMMARY
PETITION NO. CU-97-11 MARK LAMOUKEUX, P.E. REPRESENTING MIKE PODOLSKI,
REQUESTING CONDITIONAL USE "T' OF/"r{E C-3 ZONING DISTRICT TO ALLOW A
ILESIDENTIAL UNIT IN A COM. IERCIAL ZONING DISTRICT FOR PROPERTY
LOCATED AT 9765 TAMIAMI TRAIL NORTH, FURTHER DESCRIBED AS LOTS 1
THRU $ AND 47 THRU 50, BLOCK 64 OF NAPLES PARK, UNIT $, IN SECTION 28,
TOWNSHIP 48 SOUTH. ILkNGE 25 EAST, COLLIER COUNTY, FLORIDA.
The applicant is seeking to obtain approval for Conditional Use "7" of the C-3 zoning district to
allow a residential dwellin$ unit located above a retail store in a Commercial, C-3, zone. The
petitioner plans to construct a separate residential dwelling unit, located on the second floor
above a retail store, currently under construction on the site.
CON$IDERATIQN$~
The petitioner recently received Site Development Plan approval (SDP-97-014) in order to
construct a 9,000 square foot retail store on the subject site. The site is located at the southwest
comer &the intersection of U.S. 41 and 95t~ Avenue North. The site is .93 acres in area and has
a C-3 zoning designation. The property to the noah of the subject site, across 95~' Avenue, is
zoned Commercial, C,3, and is developed with a small commercial shopping center. The property
to the south is vacant and has a C-3 zoning designation. To the west, abutting the subject site,
exists a single family residential structure in an RMF-6 zoning district. Two (2) driveways from
9gt~ Avenue North will provide ingress/egress to the subject site. The proposed residential unit
will be located above the retail sales area &the store and a separate driveway will provide access
and parking for residents and employees at the rear ofthe store. There will also be access to the
main parking area which will serve customers of the retail store, via the second driveway which
directs traffic to the front &the store.
~RQS/CONS:
The list below contains a summary of the evaluation &the criteria which are specifically noted in
Section 2.7.4.4. of thc Land Development Code requiring staffevaluation and comment, and
used as the basis for a recommendation for approval or denial by the Planning Commission to the
Board of County Commissioners.
PROS
1.The addition of a residential dwelling unit to the commercial structure should not significantly
increase the intensity of the use on site, nor will it have a negative impact as it relates to noise,
l~lare, economic or odor effects.
JUN 10 1997
2. The proposed use will not require any amendments to the previously approved ingress ~nd
egress to the site. The Site Development Plan was approved w~th a parkJng lot looted at the rem'
of the principal structure, wl~ch will be designated for employees ~nd residents. This design will
help to mlnirn~e potential conflicts between tra.ff~c associated w~th the principal use of the
~ructure ~d the residential uses on site,
CONS:
1. It appears that the residents of the proposed structure could feel aggrieved due to the proximity
of the residential use to the retail, commercial use. However, the proposed design Md location of
the residential dwelling unit, the separate entrances and parking areas, and lhe criteria the code
provides for the establishment ora mix of residential and commercial in order to ensure
compatibility between the differing uses, should mitigate those concerns.
{qSCAL IMPA (~TI':
This conditional use request by and of itself will have no fiscal impact on the County. However, if
this request meets its objective, a portion ofthe existing land will be further developed. The mere
fact that new development has been approved will result in a future fiscal impact on County public
facilities. The County collects impact fees prior to the issuance of building permits to help off-set
the impact of each new development on public facilities. These impact fees are used to fund
projects in the Capital Improvement Element needed to maintain adopted levels of service for
public facilities. In the event that impact fee collections are inadequate to maintain adopted levels
of service, the County must provide supplemental funds from other revenue sources in order to
build needed facilities.
~;RQWTH MANAGEMENT [5{PACT:
The subject site is designated Urban Residential on the Future Land Use Map of
the Growth Management Plan· This district permits residential and commercial uses,
including a mixture of residential and commercial uses under specific Commercial zoning
classifications as described in the Growth Management Plan.
A review of consistency relationships xvith elements ofthe GMP is as follows:
Future Land Use Element:
The property lies within the Urban Residential designated area on the Future Land Use Map to
the Future Land Use Element (FLUE). This land use classification provides for a mixture of
residential and commercial uses under specific commercial zoning classifications as descn'bed in
the Growth Management Plan. The Land Development Code establishes a procedure which may
result in epproving a development order for a mixture of residential and commercial uses in
commercially zoned districts. To that extent this petition is consistent with the FLUE. Other
consistency relationships are as follows:
2
JUN 10 1997
p~. c~
Traffic Circulatlon Element:
The trips 8enerated by the additional dwelling unit will be negligible. The anticipated traffic from
the added use should not have a significant effect on the adiacent roadway network.
Other Applicable Element(s'}:
These i~21ude utilities and water management. Both a public sanitary r~w~' sad municipal water
supply is available to the property. All development must comply with mffac~ wat,r management
requirements invoked at the time of' site development plan approval.
~JSTOR] C/AR ~I:I'AEOLOGICAL IMPA c"r:
Staff's analysis indicates that the petitioner's property is located outside an area ofhlstofical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical/Archaeological Survey and Assessment is r~uired.
PLANNING COblM!$SION RECOMMENDATION:
At the May 15, 1997 Planning Commission m~ting a motion was made to forward a
recommendation of approval for the requested conditional use, subject to the stipulations in the
resolution of adoption, to the Board of Zoning Adjustment and Appeals. The motion passed
unanimously
PREPARED BY:
.,,'SUSAN
PRINCIPAL PLANNER
I~,OBi~RT J. I~COLHEI:t.E, AICP
CURRENT PLANNING SERVICE MANAGER
w. aNOLg,
/I, qNCENT A. C~UTERO, ADMINISTRATOR
PLANNING SERVICES DIRECTOR
Petition Number:
NOTE:
DATE
DATE
DATE
DATE
This Petition has been advertised for the May 13, 1997 BCC meeting.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-11
The following facts are found:
1. Section 2.2.14.3.7 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan: ~/No
Yes
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 ingres~ 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
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within/district
Yes L-~No
Based on the above findings, this conditional use should, with
stipulations (copy attached) (should not) be recommended~or
,
approval · _.~. ./ ,o~'°]~ . ~. .
/
~/rmN~¢ O~ tACT c~l
EXHIBIT A
,JUN 1 0 1997
AGENDA ITEM 7-I
TO:
FROM:
DATE:' '
RE:
AGENT/OWNER:
Agent:
COI//EK COUI, FrY PLANNING COMMISSION
COMMLTNITY DEVELOPMtD~ SE.KVIC~S DMSION
APRIL 21, 1997
PETITION NO: CU-97-11
Mark Lamoureux, P.E.
870 97'~ Avenue North
Naples, FL 34105
OwneTc
N[ike Podolski
3770 Fieldstone Blvd
Naples, FL 34109
~EOGRAPHIC LOCATION1
The subject property is located mt 9765 N. Tamiami Trail and is further de~-'n'b~ ~a Lots 105 and
47-50, Block 64, Naples Park, Urdt 5, at the southwest comer of the inter,~-fion of98'~ Avenue
North and U.S. 41.
REOUESTED .A %TRION,.'.
The applicant is seeking to obtain approval for Conditional Use '7" of'the Co3 zoning district to
allow a residential dwelling unit located above a r~ail store in a Commercial, C-3, zone.
~d~0SE/DES(~RIPTION OF PRO~ECT:
The subject site consists of .93 acres and has just recently received Site Development ?l~n (SI)P)
approval for construction of a 9,000 square foot retail store. The petitioner ~1~o phns to construct
a caretaker's residence above the store which is a permitted use in a C-3 zoning district. Adjacent
to the caretaker's residence, the petitioner plans to construct an additional, separate residential
dwelling unit.
JUN 1 0 1997
1997
~I3RROI/ND~G LAND USE AND ZONING:
Surrounding: North - Commercial Use, C-3 Zoning District
South -Vacant, C-3 Zoning District
East - State Road Right-of-Way - U.S. 41
West - RMF-6, Single Fam~ Residtntial
.G OwrH M^N^ EMEN'r yLAN CONSISTENCY:
Future Land Use Elcm~
The subiect parcel is designated as Urban Residential on the Future Land Use Map of thc Future
Land Use Element of the Growth Management Plan (GMP). This designation permits residential
development and allows for commercial and retail uses. The proposed residential unit is
permitted as a conditional use within the C-3 zoning district. Therefore, this pttition is consistent
with the GMP.
Traffic Circulation Element:
Staffrevir~ved the proposed use for impacts on traffic. The addition of one (1) multiple family
dwelling unit on the site will generate relatively minimal dally trips. Therefore, it will not ~xceed
the significance test on any County Road.
Other ApDlicable Elements:
Since the site wa~ previously developed and is now in the process ofbeing re. developed, it will not
adversely impact any environmentally sensitive areas. For tkis reason, this petition was not
required to go before the EAB. Staff review indicates that this petition has be:n designed to
account for the necessary relationships dictated by the Growth Management Plan. Where
appropriate, mitigation measures and stipulations have been generated to ensure consistency with
the GMP during the permitting process.
~l~I,. STORI C/AR (~HA E OLQ Czlt~A le IMPA~T
StaWs analysis indicates that the petitioner's property is located outside an area oftiistorical and
Archaeological Probability as designated on the official Collier County Probability Map.
Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the
Land Development code, if, during the course of site clearing excavation or other construction
activity, an historic or archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier County Code
Erff'orcement Department contacted.
JUN 10 1997
VAL ATION F R ENV'fRONMENTA TRANSPORTATIO ND
This petition was referred to all appropriate County agencies with jurisdictional oversight for
elements of the Growth Management Plan for their review. Stdrhas recommended approval
~bject to appropriate development stipulations that are cor~i~ent with the Land Development
Code and Growth Management Plan. Staffhas de~ermlned that no level ofservlce (LOS)
standards will be adversely affected by this request. In addition, appropriate mitigation measures
and gipulations will assure that the County's interests are maintained. Therefore, the conditional
use request is consistent with the Growth Management Plan.
~3~.ITERIA EVALUATION.'_
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition
based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code
0..DC). This evaluation is intended to provide an objective, comprehensive overview of the
impacts of the proposed land use change, be they positive or negative, culminating in a staff
recommendation based on that comprehensive overview. The below lis~ed criteria are specifically
noted in Section 2.7.4 of the Land Development Code, thus requiring $taffevaluation and
comment. This criteria shall be used as the basis for recommendation of approval or derfial by the
Planning Commission to the Board of County Commissioners. Each of the potential impacts or
considerations identified during the staff review are listed under each of the criterion as noted
below, and are categorized as either pro or con as the case may be, in the professional opinion of
staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a
determination of compLiance, non-compliance, or compliance with mitigation.
~ONDITIONAL USE:
a. Consistency with the Land Development Code and Growth Management Plan.
Pro: The subject site is designated Urban Residential on the Future Land Use Map of
the Growth Management Plan. This district permits residential and commercial uses,
including a mixture of residential and commercial uses under specific Commercial zoning
classifications as described in the Growth Management Plan.
Con: None.
Summary Conclusion: The proposed use is permitted as a conditional use within
the C-3 zoning district and described in the Growth Management Plan. The C-3 zoning
district is consistent with the Urban Residential Future Land Use District on the Future
Land Use Map of'the Growth Management Plan,
JUN.1 0 1997
'b.
Ingress and egress to property and proposed structures thereon with particular
ref,erence to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire and/or cat~trophe.
Pro:
The proposed use will not require any ~mendments to the prevlousty approved
ingress and esress to the site. The Site Development ?l~n was approved with a
p~rking lot located at the rear o£the principal structure, des{gnated for employees
and residents. Tl~s design will help to minlmLze potential cord~icts between tra~c
associated with the principal use of the structure and the residential uses on ~e.
Con: Hone.
Summary Conclusion: The project's approved driveway(s) should serve the future
retail commercial use and the proposed residential dwelling adequately.
The effect the conditional use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
Pro: The proposed use is residential in nature and is considered compatible to the
single family residential uses west of the subject site. The subject property fronts on U.S,
41, and the properties north and south of'the site have commercial zoning designations
and/or existing commercial uses. The proposed use of the commercial structure is for
retail sales ot'golf'related equipment. The addition ora residential dwelling unit to the
commercial structure should not significantly increase the intensity of'the use on site, nor
will it have a negative impact as it relates to noise, glare, economic or odor effects any
more than would constructing a sin$1e family residential structure on this site.
Con: None.
Summary Conclusion: Relative to the future commercial retail use proposed for
this site, the requested residential unit will not have a deleterious effect on neighboring
residential properties.
Compatibility with adjacent properties and other property in the district.
Pro: A residential unit located above a retail store in a Commercial Zoning District will
not be incompatible with adjacent uses which ~re residential and commercial in nature.
Additionally, Section 2.2.14.3.(7) of the Land Development Code establishes criteria
to which mixed commercial and residential uses are subject, and which are designed to
protect the character of the proposed residential uses and neighboring lands.
Con: None.
Summary Conclusion: Through criteria established in Section 2.2.1.4.3.(7) ofthe Land
Development Code, the potential conflicts between commercial and residential land uses
occupying the same parcel of land can be mitigated to n reasonable extent. Given this
criteria and the nature of the su ject request, potential incompatibility issue 5can ,b~o.[~
JUN 10 1997
negated ~nd the mixture of the two uses on the ssme site can be considered compatible
with the subiect properly and adjacent properties which aro also commercial and
residential in nature.
STAFF RECOMMENDATION:
Staff'recommends the Collier County Planning Commission forward the petition to the Board of
Zoning Adjustment and Appeals with a recommendation for approval, subject to the sIipulations
found in the attached Resolution of Adoption and the following:
a. The r~sidenfial dwelling units shall be restricted to occupancy by the owner's or lessee~ ofthe
commercial unit below.
PKEP AKED BY:
PP,2NC~ PLANNER.
DATE
ROtBERT I. MULHEKE, AICP
CUR.RENT PLANNING SERVICE MANAGER
DONALD W. ARNOLD, AICP
PLANNING SERVICES DIRECTOR
VINCENT A. CAUTERO, ADM2NISTRATOR
PLANNING SERVICES DIRECTOR
DATE
DATE
Staff'Report for the May 15, 1997 CCPC meeting.
NOTE:
COLLI]r=R COUNTY PLANNII~f~-~SSION:
· ", Iv/ftC[La, EL A. DAVIS, CH.KIKPERSON
NO. ~
,JUN ! 0
3
4
6
12
14
16
17
20
23
24
27
2~
29
30
31
32
34
36
37
39
A RESOLUTION PROVIDING }'OR THE ESTABLIS~lgINT
OF A RESIDENTIAL UNIT, CONDITIONAL USE '~"
IN THE C-3 ZONING DISTRICT PURSUANT TO
SECTION 2.2.14.3 OF TKE COLLIER COUNTY LAND
DEVELOPT~I24T CODE FOR PROPERTY LOCATED IN
SECTION 28, TOWNSHIP 48 SOUTH; RARGE 25
EAST, COLLIER COUNTY, FLORIDA.
W~iE~EAS, the Legislature of th~ 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
WH~, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
Conprehensiue Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, &mong which
is the granting of Conditional Uses; and
WHE~3.AS, the Collier County Planning Commission, being the duly ~
appointed and constituted plannin~ board for [he area hereby
affected, has held a p~lic hearing after notice as ~n ·aid
regulations made and prowidmd, and has considered %he advisability of
Conditional U~e "~" of Section 2.2.~4.3 In a C-3 zone for a
residential unit on %he property hereinaf~er describmd, and has found
as a matter of fact (Exhibit "A") :ha~ satisfactory provision and
arrangement have been made concernin~ all applicable matters re~ired
by ~aid re~ulations and in accordance wl~h S~sect~on ~.~.4.4 of the
Land Development Code for %he Collier Catty Plannin~ Co~lssion; and
WHE~AS, all ~ntere~ted parties have been given opport~lty to
be heard by thi~ Board in a p~lic mee~in~ asse~led and ~he Board
having considered all matter· presented.
NOW, THE~FO~ BE IT ~SOL~D, BY T~ BO~ OF ZONING ~P~3 of
Collier County, Florida ~ha~:
-1-
'JUN 10 1997
The petition flied by Mark La~oureux, P.E. representing Mike
2 Podolski with respect to the property hereinafter described
4 Lots I thru 5, and 47 thru 50, Block 64 of Naples Park,
Unit No. 5, as recorded in Plat Book 3, Page 14, of the
public Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use '7' of Section
I 2.2.14.3 of the C-3 zoning district for a residential unit in
accordance with the Conceptual Master Plan {Exhibit "B"} and subject
10 to the following conditions:
11
I: a. The Planning and Technical services Manager may approve
13 minor changes in the location, siting, or height of
14 buildings, structures, and improvements authorized by the
15 conditional use. Expansion of the uses identified and
16 approved within this conditional use application, or major
17 changes to the site plan submitted as part of this
1~ application, shall require the aubmittal of a new
19 conditional use application, and shall comply with all
20 applicable County ordinances in effect at the time of
21 submittal, including Division 3.3, Site Development Plan
21 Review and approval, of the Collier County Land Development
23 Code (Ordinance No.
b. Road Impact Fees for each use, shall be paid in
26 accordance with Ordinance 92-22, as ~mended, and shall be
27 paid at the time building permits are issued unless
otherwise approved by the Board of Co~lnty Commissioners.
30 BE IT FURTHER RESOLVED that this Resolution be recorded in the
31 minutes of this Board.
3: This Resolution adopted after motion, second and majority vote.
33 Done this day of , 1997.
34
36
38
39
40
43
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIFS~ COUNTY, FLORIDA
BY:
TIMOTHY L. }~tNCOCK, C]-G{[I~'~AN
44
45
46
47
APPROVED AS TO FO~4
LEGAL SUFFICIENCY:
49 ~J~JC~.IE M. STUDENT
~0 ASSISTANT COU~{TY ATTORNEY
31
53
-2-
10
........... FINDING OF-FACT ....
BY
~ .COLLIER COUNTY PLANNING COMMISSION
' ' ' "-~ :, 1 ·.: Section 2.2.14 ~3.7 .of the..~nd Development .Code authori~ed'
'-.'..:3. 2. 'Granting 'the 'conditional use will not'adversely affect
public.inte~6kt and will not adversely affect other property
.... '-' . '~- .;~' or 'dS6'S"if"the Sam~ "dist~idt' oF'neighborhood because of:
· '.' .... .;k:3 ;iConsis~ncy.wi~_the Land Development Code and Gro~h
· ".~ "B. ~.'-':.Ingress "and :'egres's'r=o':property
struct~es
.......... :.-"" ."-%h~&6h' with ~b'~r~icdlar' r6fe~ende to ..... automotive and
.... . .pedestrian.safety'and. convenience, · · :. traffic flow .and"
' :' cont.rol,.~ahd~ .. _ access'~in cas6 of"-. fire or catastrophe:
. Ade~ate ingress & egress
Yes No
, C. A~fects~Deighboring properties tn relation to no.i~e,
' glare, economic or odor effects:
,. ........ .. .... No affect or __ Affect mitigated by . "
--" "Affect cannot he"mitigated. -
~' '"' D ---.Compatibility with adjacent properties and other ...,...
:stipulations,' (copy attached) (should not) be reco~end~d for
. 'approval ". ,'"..'.." 7". ''-'/.' ....... ~ ........
...... . ...... . ..... ~.~,~... .... : . ... '. ..' . . . ·
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
'FOR
CU-97-11
The following facts are found:
1.
Section 2.2.14.3.7 of the Land Development Code authorized
the conditional use.
2. Gr~nting the ~o~diti°nal use w~ll not adversely affect .the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consisten. cy. with the Land .D. evelopment 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, end access in case of fire or
catastrophe:
Adequate ingress & egress
OYes No __
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
- Affect c~nno~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
.... .approval · . -.
It,
Exhibit B
0 F~."I' H
~,?_.No R,.ESID,C--.N"['IAL UI~VT
CAR6'TAKET~S
· ,,,- ( i~5 ~
UUN 10.1997
PETITION NO. CU-97-8, TERRANCE L. KEPPLE OF KI~PLE ENGINEEKING REP~G
THE EAG~kES NEST WOKSI-KP CENTER REQUESTING APPROVAL OF CONDrrlONAL USES
"1', "3' AND '4" FOR A CHURCH, CHILD CAKE FACILITY AND SCHOOL ON PROPERTY
LOCATED SOUTH OF ;uND ADJACENT TO IMMOKALEE ROAD (C.K ~46) EAST OF 1-7:5,
SOUTH OF LONGSHORE LAKES PUD, FURTHER DESCRIBED AS TRACTS 91 AND 110,
UNIT 97, GOLDEN GATE ESTATES, SECTION 29, TOWNSHIP 45 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA, CONSISTING OF APPROXIMATELY 4.6 ACRES.
The l~itioner seeks approval of conditional uses "1", "3" and "4" for · church, child care facility and
school on proper~ located in the "E" Estates zoning district.
The petitioner seeks to develop the subject site with a 6,400 square foot church with a maximum seating
capacity of 700, a 7,800 square foot fellowship hall including classrooms for · child care facility and
school (grades K-5) for · maximum of 300 children, and a future 5,009 square foot gymnasium.
The l.-~-titioner plans to provide 90 paved parking spaces and 210 grassed parking spaces on the subject
site. Tk, e primary access including a fight mm lane to the site ii provided from Immokalee Road.
Additionally an interconnect with the fire station to the east is also proposed. Access to 24'a Avenue is
prohibited.
The subject property is located west of and contiguous to an existing fire station and St. Monica's
Episcopal Church. Immokalee Road (C.R. 846) is adjacent to the northern property line and to the
west is undeveloped 'Estates'. 24~' Avenue N.W. is contiguous to the southern property line and
further south is developed "Estates". The Naples Baptist Temple also exists on the east half of Tract
109 and has direct access to 24~' Avenue N.W. The church was approved in 1977 for 75 seats.
The Collier County Planning Commission reviewed this petition on May 15, 1997 and recommended
approval 7-0. No one spoke in opposition or in favor of/he petition.
All conditional use actions require a findings on the part of the Collier County Pl~aning Commission
(CCPC) based on the provisions of Section :2.7.4. A preponderance of these findings support an action
to approve the subje~ request. The conditional use findings are formalted to give both reasons for or
against the subject request. Said findings are included in this Executive Summary submission together
with the staff report which is approved by the CCPC.
A summ~ of the major Pro/Cons fi-om the Conditior~I Use Finding Report is ~ follo~'s:
CON
This p~u.'on is consistent with the Future Land
Use Element of the GMP.
A fire station and emergency services are located
adjacent to the subject site.
The proposed church fronts and provides
ingress/egress to Immokalee Road (C.R. 846).
Thc school mad child care facility will opeme $
days · week contributing to noise and traffic,
which may be offensive to ·djacent properly
OWIler$,
Intensification of residential property is often
perceived negatively by surrounding neighbors.
A 6 foot opaque wall/fence and landscape buff.er is
proposed around the sites western and southern
property lines.
FISCAL I~FPACT:
This amendment by and of itself will have no fiscal impact on the County. However, if this amendment
achieves its objective, the land will be developed. The mere fact that new development has been
approved will result in a future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new development on
public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public facilities. In the event that impact fee collections
are inadequate to maintain adopted levels of service, the County must provide supplemental funds from
other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT 13IPACT:
The subject property which contains 4.6: acres, is designated "Estates" on thc Future Land Use Map
of the Golden Gate Area Master Plan. This designation permits residential development at a density of
one dwelling unit per 2 'A acres, and a variety of institmional uses, including churches and related uses,
subject to locational and transitional criteria. The purpose of this provision is to allow conditional uses
in areas adjacent to non-residential uses generally not appropriate for residential use. The conditional
use ,,~ill act as a transitional use between non-residential and residential uses.
In gaffs opinion, this petition will act as a transition between the undeveloped residential properly to
the west and the existing fire station and emergency medical services building to the east. To that
extent this petition is consistent with the FLUE.
Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following
determination: The 1TE Trip Generation Manual indicates that the proposed 70(
generate 30 to 60 trips on a weekday while the 300 student day care and school fa,
2
JUN 10 1997
?50 weekday trips at build-out. In addition, the church will generate approximately 264 trips on a
Sunday. Based on this data, the site generated traffic will not exceed the significance test standard ($
percent of the LOS "C" design volume) on Immokalee Road. Furthermore, this amendment will not
lower the level of' service below an adopted LOS "D" standard within the project's radius of.
dcvelopment influence 0LDI). Therefore, the project is consistent with Policy 5.1 and $.2 of the Traffic
Circulation Element (TCE).
The TCE lists Immok~ee Road (C.IL 846) ts a 2 lane arterial road fi-ont[ng the project. The curren!
traffic count for this segment is 15,073 and is operating at LOS "A". It should be noted that this
segment is not projected to be deficient by the time the project is built-out. As a result, there is no
planned improvement to 4 lane this segment within the next five years. Therefore, this petition complies
with Policy 1.3 and 1.4 of the TCE.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition CU-97-$, subject to
stipulations and the Resolution of' Adoption and Exhibits at*ached thereto.
PREPARED BY
BRYA MILK
Clt IE FI~t~LANN ER
DATE
REVIEWED BY:
RrOBE~RT J. MULltERE, AICP
ING MANAGER
DONALD W. ARNOLD, AICP
P~j~ER~P~~NT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR
DATE
DAVY'///~ _
DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
CU-97-1 ~ SUMMARY/PD
JUN 1 0 1997
AGENDA ZTEM
TO:
COLI/ER COUNTY PLANNING COMMISSION
FROM: COMA,fUNITY DEVELOPIYfENT SERVICES DMSION
DATE: APRIL 23, 1997
PETITION NO: cU-97-8, EAGLES NEST WOKSI-ma CENTER
OWNER/AGENT:
Agent:
Terrance L. Kepple
568 Commercial Boulevard
Naples, Florida 34104
Owner:
Eagles Ne~ Worsl-dp Center
4760 Tarniarni Trail, North
Suite 7
Naples, Florida 34108
OtrEST D
The petitioner seek3 approval of conditional uses "1', "3" and "4" for a church, child care facility and
$chool on property located ia the "E" Estates zoning di~trict.
GEOGRAp!tlC LOCATION:
The .subject property is located south of and adjacent to Immokalee Road (C.R. 846), east of 1-75,
south of Longshore Lakes PUD, further described aa Tracts 91 and 110, Unit 97, Golden Gate
Estates, Section 29, Township 48 South, Range 26 East, Collier County Florida, eoruistiag of
approximately 4.6 acres (See attached location map).
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner seeka the establislunent of conditional use approval for a 6,400 ~uare foot church with
700 seats, a 7,800 square foot fellowship hall including claasroom$ for a child care facility and ~chool
(grades K-51 for a maximum of 300 children, and a future 5,000 square foot gymnasium.
JUN 1 0 1997
JUt~ 1 0
The applicant pis. ns to provide 90 paved parking spaces and 210 grassed parking spaces on thc subject
site. The primary access to the site is provided from Immokalee Road. However, the applicant has
also proposed a secondary access onto 24'~ Avenue N.W. and tn intercormect with thc fire station to
thc east.
LAN'r) VS£ ANt) ZQNTNq;;
Existing:
The Subject property is presently zoned Estatea
and is undeveloped. The site is forested,
however it is inundated with exofi~
Surrounding: North -
South -
West-
To the north is Immokale~ Ro~ (C.P,. 846)
right-of-way. Further north is the Longshor~
Lakes PUD, a~rni-developed with single-farm'ly
homes.
To the e~t the land is zoned "Estates'. Adjacent
to the church is an existing fire VJtlon and
emergency medical fa:trices building. East of the
fire station is St. Monica's Episcopal Church
which provides a 500 mt church, In educational
building and a care ttkers residence. Acx. e~ is
provided from Immokalee Road.
To the south the ltnd is zoned 'Estates'. 24~
Avenue N.W. is ~ntiguou$ to the gte. Further
south is semi-developed F..~tatea residential
property. South of the proposed church rite, on
the east half of Tract 109 is an exirdng church
(Naples Baptist Temple) with direct aec_~'s__ onto
24~ Avenue N.W. This church w~ approved in
1977 for 75 seats.
To the west the land is zoned 'T. states". The
subject property to the wext is undeveloped and
is primarily forested.
gROWTH MANAGEMENT PLAN CONSISTENCY;
This petition h~ been reviewed by the appropriate craft for compliance with the applicable dements of
the Cn'owth Management Plan, as noted below:
Future Land Use Element - The subject property which eontaim 4.6 _+ ac'es, is designated
on the Future Land Use Map of the Golden Gate Area Master PI~. This designation permi~
residential development at a density of one dwelling unit per 2 ~A acres, and a variety of ~onal
uses, including churches and related uses, subject to locational and transitional criteria. The
of this provision is to allow conditional uses in areas adjacent to. non-residentig u~e~ gener~ly not
The conditional use will act ,x$ a transition'
2
appropriate for residential use.
residential and residential uses.
In staffs opinion, this petition will act as transition between the undew, lol:~l re..gdentlal property to
the west and the existing £re station and emergency medical services building to the e~st. To that
extent this petition is consistent with the FLUE. Other consistency relationships are as follows:
Traffc Circulation Element - Staff' has reviewed the applicant's Tr'~c Impact Statement CTIS) and
has made the following determination: The ITE Trip Generation Manual indicates that the proposed
?00 seat church will generate 30 to 60 trips on a weekday while the 300 student day care sad r, chool
facility will generate 750 w~kday trips at build-out. In addition, the church will generate
approximately 264 trips on a Sunday. Based on this data, the site generated traffic will not exce~ the
significance test standard (5 percent of the LOS 'C' design volume) on Irnmokalee Road.
Furthermore, this amendment will not lower the ]evd of service below aa adopted LOS 'D' standard
within the project's radius of development influence (TX)I). Therefore, the proj~:t Ln consistent with
Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
The TCE lists C.R. 846 as a 2 lane arterial road fronting the project. The current trmfiqc count for INs
segment is 15,073 and is operating at LOS "A". It should be noted that this segment is not projected
to be deficient by the time the project is built-out. As a result, there is no planned improvement to 4
lane this segment within the next five years. Therefore, INs petition complies with Policy 1.3 and 1.4
o f the TCE.
Other Applicable Elements - The subject site has been inspected by Environmental staff'and they have
determined that the petition will not have an adverse impact on any environmentally sensitive area.
Staff review indicates that this petition has been designed to account for the nece.ssaty rdationshlps
dictated by the Growth Management Plan. Development permitted by fl~e approval of this petition
will be subject to a concurrency review under the provisions of Section 3.15 oFthe Collier County
Land Development Code, adequate public facilities, at the earliest or next to occur of elther final SDP
approval, final plat approval, or building permit issuance applicable to this development.
HISTORIC/ARCHAEOLOGICAL I3fPA CT:
Staffs analysis indicates that the petitioner's property is located outside an area of' his~oric, a.l and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
ttistofical/Archaeological Survey and Assessment is required.
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, sll
development within the minimum area necessary to protect the discovery shall be immediately stopped
and the Collier County Code Enforcement Department contacted.
EVALUATION FOR ENVIRONMENTAI.n TRANSPORTATION AND INFRASTRUCTURE;
The subject petition has been reviewed by the appropriate staffrespons~le for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Department staff.
Their recommend·tion~ are reflected in the recommended Re~olution of Adoption.
QRITERIA EVALU,ATION:
The Current Placming Staff has coordinated a comprehensive evaluation of this land use petition ~nd
the criteria on which a favorable determination must be based. This evatu·tlon is intended to provide
an objective, comprehensive overview of the impacts of the proposed land use change, be they
positive or negative, culminating in a staff recommendation based on that comprehemlv~ overview.
The below listed criteria are specifically noted in Section 2.'/.4.4 of'the Land Development Code thus
requiring staff evaluation and comment, arid shall be used as the basis for · recommendation of
approval or denial by the Planning Commission to the Board of County Commissioner~ Each of the
potential impacts or considerations identified during the staff review are listed under each of the
criterion noted below, and are categorized as either pro or cons which ever the case may be, in the
opinion of staff. Staff review of each of'the criterion i$ followed by a summary conclusion culminating
in a determination orcompliance, non-compliance, or compliance with mitigation.
Consistency with this Code and Growth Management Plan.
Pro: A development order approval that is consistent with applicable elements of the GMP
and provisions of' the LDC, must be considered on the positive side of conditional use
evaluative criteria.
Con.' Not applicable in view of its consistency evaluation with the GMP and LDC.
Summary Conclusion ('Finding$l: The proposed use is authorized in the F. slates designated
area on the Future Land Use Map which provides for the requested uses as conditionally
permitted uses, and in staffs opinion it acts as · transitional use between non-residential mad
residential uses.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safet), and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Pro; (i) The church fronts upon Immokalee Road, a 2 lane arterial roadway, with sex. ess also
provided to 24~ Avenue N.W. and to the adjacent fire station site. This relationship is
considered an optimum one from a traffic point of'view.
Pro: (ii) Fire suppression and emergency services are located adjacent to the subject site.
Pro: (iii) Due to the Iow traffic volumes and clear site distance fi'om lmmokalee Road and
24a Avenue N.W., the access driveways should operate adequately.
Con: Intensifying the traffic condition along 24~' Avenue N.W. may at times give rise to
inconveniencing neighborhood residents.
JUN 1 0 1997
C4
Summary_ Conclufion CFindin~: There is no more optimum loc~tlon for churches and schools
than to front upon major arterial roads as is the case with thls petition. Staff has reviewed the
conceptual master plan submitted with this conditional use request, and is of the opinion that
due to the relatively Iow traffic volumes generated by the church and related uses, the project's
proposed entrances should operate adequately and with an acceptalfle level of safety.
However, staff is concerned that providing an ingress/egress atcr, e,s,s to 24a Avenue N.W.
would impact the quality or' ILt'e f.or those residents living contiguous to this street by ~-tue of.
Lncreased vehicular trips and noise generated from passerby traffic to and from the church ~d
school activities. Currently, the Naples Baptist Temple church exists on the south side of 24e'
Avenue N.W. with all of' its trat~c utilizing tkls local roadway. Staff recommends the
petitioner delete the proposed access to 24~ Avenue N.W. and utilize the proposed access to
Immokalee Road.
The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
EL~ (i) The most sensitive relationship is to the residential property immediately west of. and
south of'the site. Impacts to this property can be mitigated by a wall and landscape buffer.
Pro: (ii) A church is a relatively passive use of property and traditionally has no economic or
odor effects. The associated child care and school will not materially change that relationship.
The potential for glare and noise impacts on nearby property is limited to residences lying west
and south ofthe property. In this regard the impact is one ofvehicular noise and outdoor play
areas. Appropriate landscape screens and buffers can mitigate these impacts.
Con: (i) The proposed driveway access onto 24i Avenue N.W. will contribute additional
vehicular trips on the local street and that could be annoying to area residents.
Summary_ Conclusion FFindings'L: Churches generally constitute at passive use of land for the
most part. It is only limited time frames when church activities are being conducted that there
is some potential for noise associated with the movement of automobiles. Noise emanating
from activities within the church (i.e. music and singing) is unlikely to be of' the magnitude
that would irritate nearby residential areas. Site development regulations, landscape screens
and walls and ingress/egress traffic improvements would for the most part take care of'
annoyances created by moving automobiles, irrespective of whether or not those traffic
movements are in connection with the church, school or daycare center.
Compatibility with adjacent properties and other property in the district.
Pro: (i) A church for the most part represents a passive use of' land, and is therefore
compatible with adjacent residential land uses when appropriate mitigation measures are
instituted.
lle, ~
JUN 1 0 1997
P_LgA ('d) A private r, chool and child care facility of this size, although they w~ql increase the
intensity of the use of the property, ~re generally consldered compat~le w{th resldenti~l l~d
uses, and may serve residents of the ~rrounding neighborhood within walking distance.
~ Different fi-om the church, the school and child care facility will be operational ~t least
five (5) days a week. Therefore, traffic trip generation and outdoor activities t.~aciated with
these uses may cause an increa~ in the noise level to the neighborhood during the week.
~ummary_ Conclusion (Findines~: Traditionally, churche~ and achools were cor~idered
compatible with residential neighborhood development because early zoning ordinances
allowed them ~ uses by right. The location of the property relative to an arterial road
~djacent to ma existing fire station mad emergen~ medical ~-vice$ facility could not be more
optimum. The potential for impacts that ~ffe, L-t compatibility can be mitigated by landw.~ping
~nd screening improvements.
However, in staffs opinion, the request for a new driveway connection to 24~ Avenue N.W. in
addition to the proposed access to Immokalee P, oad is not warranted. Staff recommends
eliminating the proposed access to 24t~ Avenue'N.W.
~TAFF RECOM'M'ENDATI ON~
That the Collier County ?laxming Commission (CCPC) recommend approval of Petition CU-97-g for
Conditional Uses "1", "3", md "4" of the Estates zorfing district for property described in the ·tt~ched
Resolution of Adoption and Exhibits thereto which includes the Conditions of Approval and ·
Conceptual Master Plan.
PILE~D BY:
BKYAN/v~L, ~ K
?p, INCmAL)?LANNEP-
REVIEWED BY:
OLD, AICP
PLUG SERVICE~TDEPARTMZNT DIRECTOR
CA SYP, ATOR. bATE
CO?vfMUT~TY DEVELOPMENT AIND EbYVIR0~AL SEP. VICE$
6
JUN ! 0 1997
P~-tition Numbs' CU-97-$
Staf~P,c'~port for May 15. 1997 CCPC me, ting.
NOTE: This P~tition h~ b~n ~dvcrti~,d for the ~une I0. 1997 BCC
COLLIER COUNTY PLAlqlqIN~OM]V[ISSION:
M]CHAP_L A. DAVIS.
CU-97-~ STAFF REPORT/pd
'3UN 101~?
i~PPLIC;%TION FOR CONDITION;iL USE REQUF~TS
C 11' 9
PETITION NO.
COORDINATING PLANNER:
APPLICANT NAME (AGENT): Terrance L. Kepple PHONE: 403-1780
APPLICANT. 'ADDRESS: 568 Con~ercial Blvd. Naples, FL
PROPERTY O%~NER (PETITIONER) NAME AND ADDRESS*: Eagles Nest Worship C~ntar
941-261-1190
4760 Tamiami Trail Suite 7 Naples FL 33940 PHONE:
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPL:7~ITM
SECTION: 29 TOI~SHIP: 48-S RANGE: 2~-E
Tract 91 and 110 Golden Gate Estates Unit 97 Lass the ~outh 30 feet~hk~rth 50 feet
PROPERTY I.D. ~: 41936480009
SIZE OF PROPERTY: 300 FT. X 660 FT. ACRES: 4.6
'GENERAL LOCATION AND ADDRESS OF SUBJECT PROPERTY: I=mokalee Road
East of I-g5
ZONING OF SUBJECT PROPERTY: E-estates EXISTING I2%ND USE:
TYPE OF CONDITIONAL USE REQUESTED: Church, daycare, school
ADJACENT ZONING AND LAND USE:
ZONING
N PUD
S E ,
E E
W E
vacant
LAND USE
Imn~kalee Rd./~hor~ Lake
24th Ave. N.W./Church & single family
Fire Station
vacant
-1-
JUN 1 0 1997
Staff reco~.men~ation' to the Planninq Co~.~ission and the
Planning Commission recommendation to the Board of Zoning
Appeals shall be based upon the following criteria. Please
respond to the followlng cr~teria:
Is this request consistent with the Land Development Code and
Growth Management Plan? yes
Ingress and egress to property and proposed structures thereon
with particular reference to automotive and pedestrian safety and
convenience, traffic flow a.nd control, and access in case of fire
or catastrophe: main entrancefro~IrmokaleeRd, secondary a.cc~ssproposed
from 24th Av~. N.W. Inter-connecting driw~.my being
The effect the conditional use would have on neighboring
properties in relation to noise, glare, economic and odor effect.
Installation of landscapinq and buffer will pre%~nt rm~atlve e_ff%wrt~ (~7
neighboring property.
4.
Compatibility with adjacent properties and other properties in t.h.e
district, directly west of existing f~re station
SIGNATURE OF PETITI~f~N~R R
Fe. hrua_-~ 28, 1997
DATE
-2-
- 'owner-o~h~ pr-oper%y described herein and which is
say that I a~ the
the subject matter of the proposed hearing; that all the answers to the
questions in this application, and all sketches, data and other
supplementary mater attached to and made a part of this application,
are honest and true to the best of my knowledge and belief. I
understand this application must be completed and accurate before a
hearing can be advertised. I further permit ~_..~--~P?.~~e (AGENT'~
to act as my representative in any matters regarding this petition.
State of Florida
County of Collier
P~ The foregoing Agreement Sheet was acknowledged before me this
rsonall~ kno%~'to me or ~o has produced-/ - ¢~.~. as
identification and who did (did n~ake an oath.
NOTARY PUBLIC
Commission f
Hy Commissioh
'SUN 1 0 997
State of Florida
County of Collier
The fo'regoing Agreement Sheet was acknowledged before me l~_~
5~- day of ~%c~c,%~ , 199~_ by
6personafI~~r who has produced _
~t-ffi%~fi~n aw~did (~t') take an oa=n.
(Sig~ture of Notary
· . '" -. :. G, ,- .... '~L SF..AL
NOTARY PUBLIC
Commission ~ Off- ;k.G~lq'~-
My Commission Explre$:
-2-
JUN 1 0 1997
Utility Provisions
for
Conditional Uses and Rezones
1. NAME: Eaqles Nest Worship Center
2. ADDRESS: 4760 Tamiam/ Trail N.
Suite 7 Naples, FL 33940
PHONE:
3. LEGAL DESCRIPTION: Tract 91 and '110 Golden Gate Estates Unit 97
4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl-' system):
A. COUNTY SYSTEM yes
B. CITY SYSTEM
C. FRINCHISED SYSTEM NAME:
D. PACKAGE TREATMENT PLANT CAPACITY (GPD)
E. SEPTIC SYSTEM
5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system):
ao
B.
C.
D.
COUNTY SYSTEM
CITY SYSTEM
FRINCHISED SYSTEM
PRIVATE SYSTEM
yes
NAM E:
6. TOTAL POPULATION TO BE SERVED: 700 seat church
7. PEAK AND AVERAGE DAILY DEMANDES:
1. WATER-PE~-K 6cjpm
2. SEWER-PEAK 6glm~
AVERAGE DAILY
AVERAGE DAILY
8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTDX,
DATE SERVICE EXPECTED TO BE REQUIRED: December of 1997
9. Provide'a brief and concise narrative and schematic drawing of the
sewage treatment process to be used as well as a specific statement
regarding the method of affluent and sludge disposal. If percolakion
ponds are to be used, then percolation data of soil involved shall be
provided from tests prepared by a professional engineer.
commercial Bird,
Naples. Florida 34104 * (941) ,~03-1780
· Fax (941) ~,03-1787
Paul FI~rdy
Pelican Strand
10621 Airport Pulling Rd.
Naples, FL 34109
F~x: ~92-7541
M~y 8, 1997
Re: Conditional Use
Eagles Nest Worsl~p Center
immokalee Rd.
Dear Ivtr. Yaxdy,
In accordance w/th our meeling this morning, ~e church is willing to delete the propo~!
access omo 24~h Ave. N.W. and re.in ~ce~ only onto I~okal~ Rd.
a nei~rly relationship ~th your~If and ~e oth~ r~iden~ on 241h A~ ~.W,
It is my ~er under--dog that u~n del~ion of~e 24~ Ave.
neighMm would have no objection to ~e pro.sM ch~h ~d mla~ f~iliges.
Amched, plebe find a copy of aa leacr to B~m Milk ~legng
Ave. N.W,
If you Mvc-~y questions, plebe e.~ll.
R~espectfully, .,~., ~.
Terrance L. Kepple, P.E.
Kepple Engineerins, Inc.
cc Bryan Milk
[JU 1 o mT
568 Commerclol Blvcl. ,, Naples. Florida 34104 · (941) 403-1780 ,* Fax (941) 403-17
Bryan Milk
Planning S.:rv~c~s
2~00 ~. Horseshoe Dr.
Naples, FL 34104
March 27, 1997
Re: Eagles Nest Worship Center
CU 97.8
Dear Mr. Milk,
In reviewing our application, for the referenced project, w~ felt that some ofthe
ird'ormafion may need to b~ clarified. Particularly the phasing ~ buildout project{ons
for the prQect.
Phase 1 Butldout
Ch~cfl 500 scab 700 s~at~
Day Care 150 - 200 children
School not anticiFated in
Phase 1
Tod 300 children/students
(Da)' Cam snd Gr&d~
I trust ll~is information will assist in your review of Lhe project If¥ou have
questions, please advise.
Terrance L. Kepple, P.E.
Kepple Engineering, Inc.
~DDENDUM TO SALES CONTKACT 'dA) 1 ,.9 ?'~7
Worship Center, Buyer, for the Properly described ~s:
SECTION 29 TOWNSIIIP 48 RANGE 26 GOLDEN GATE ESTATF-~ UNIT 97
BLOCK #91 (1.$8 acres) mhd BLOCK #1 l0 (2.B& aer~)
Other terms and conditions:
Buyer and Seller acknowledge Buyers intent to build a church on thi~ ptOl:mt~y.
Buyer ahaU, at Buyers expense and within 60 (sixty) days from Eff~t. tiv¢ Dale, d¢.l~ v, eactl~ l~ Progeny ia suitable,
in Buyers sole and absolute discretion, for Buyer's intended usc of tim Propexty as specified i~ Paragraph 4.
deliver writtea notice to Seller with~ said 60 (sixty) days of Buytrs determiaafior~ of wlmlw, t th~ Prvpexty ia ncr~ptab~
u er's fa1 mly with Otis notice rcquiren~nt shall com. s..titute accep~ oItl~ rropcrry m
B y lure to co p ~. -~ ~'~,a~,,~-,~a~- ,"- · -
dj, don ."'-o' ,m' ,..w ...r,,/c. ct/~-,r-.~,',"/ ~ m'-..,~-~'....t~a~, w_,-~,
con ' ~ '"/' °/~' ~ I ~"~'
tract is contingent, for g (cigh0 months from Effective Date, to thc Buyer obtain~ tl~ ncr. rosary ~ and
Governmental permhs for Buyer's intended use as specified in paragraph 4. nuy~r shall
rmanth during the contingent period. This non-refundabl~$?..y~ent will be applied to
the purchase price at closing.
h 2 ~s modified to rovid~ C~osi~g ~id~in 14 (fou. rtce,O da~ ~ ~ Buy~ ob~,m
Paragrap ' P
Bu)~r sh~ll have ~c right to plac~ a sign on mu.u~,~ ,,~ ~-~ ~
SELLEK
If closing does not
co~tract, Buyer may
~ Seller. Payment
purchase price.
Datc
occur within eighk months of the e
extend closing by payment of $1,00
to be non-refundable and not appli,
~osephlne Pomppslnl
Trust dated 10-4-1988
S£U.E~
~pESS: 1420 Osprey Ava.
!." Hapies, FL 33962
SALES CONTRACT
(NOT FOR CONDOMINIUMS)
euYrr.~ Eagles Nest. gorshlp Center
UPC4~, THE. AC, CEPTAJ~E OF THE OFFER [OR COUNTEROFFER) the ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
..... . .' ...... 5[C~[0N. gg-T~HIP'48 ~N~E.'26-GOLOEN ~TE ESTAT~ UN11.~7 .............. :,~:
SLiK 91 (2.88 acres) and BL~ 110 (2.86)a~res) .-~.
.. The purch,u,· price ~ ·llocated to mai p~r~/only ~ ~ Italed-..~i?.0T~00. ~. 3 0,0 0 0. O"
1,000 ~' ' -:'1.- ,'
'10,-000' Addendum
PURCI-ULSE PRICE: Th~ ~Lal purchase price shall be. , .... -' $
(u.s.] paya:~ u fc~ows:
(a) ~1 de~it ~ i~ow at ~ fl~ of ............................... ~.~ ............................ $
~) ~i~l de~ ~ ~ ~e~ed In ~row on or before ~
afl~ E~ve Date as defined ~w ~ ~0 a~unt ol ....................... - ...................... $
(c) ~ ~ ~gage. E ~y, [See Par 3(b}] ....................................................... $
(d) ~e a~ ~gage to Se~r, ~ any, [See Par 3(c)] ~-- $
(e) ~gagm a~u~O~. E any, subj~t to nor~l amo~zation, ~-
~ a~ro~te~ [See Par 3(~] ...................................................................... $ < ~ [ ~
. {~ ~l~~rcha~epHcebyl~lce~liadch~k. ~e~~~ ~ ~2~000.0C
~s~er's ~k mi ~l~,subj~t lo adjus~en~ ~d ~rati~, ~ ~tl~ ...... $
Deposit checks are accepled subject to collection.
2. CLOSING AND POSSESSION DATE: Closing shill occur It a IJme o~ d~.~ m~cl r~'~ce in
Icy ~, t, electld by the Buyer, but upon r·ason~ble notice to the Seller. on S~C- A~OEI'tOLU~
co, .~tofbothpartias)(the'CloslngD&te'); ~r~v~ded~h~we~er~nn~e~nt~ha~th~uy~rbemquimdmck~a~1tw~(2)~e~k~r~m~1~
on which the mo~gage commitment has been obtained pursuant to paregrapt~ 3 below.
~ ~e~,lr shall give pos.se.s~ion of ~ property et closing unJess otherwLse p~ovkted herein,.
3. METHOD OF PAYI¥1ENT/FIi'.L, kNCING: (a) [ ~ Buyer will pay cash, with no
"COM, MITMENT co~rrlNGENCY CLAUSE: Buyer's obligations ·re coating·al uix)n Buyer
desc4,.,~:,ed h~lin in the amount ol $ or
In4e~,lsl mia no~ lo exceed , . % per yelr for an amoMJ[Zed lerm of no{ les· ff~n
no ~x ~ ~d (I) s~g ~ deem~ to a~ly). B~er shaH. al B~er's ~. ~
~ ~gage ~enL I[ Bwer fails to ~tain ~s ~an c~nl ~ ~
~ ~ 6 ~e~ from ~e E~[~a Dale unle~ a dill·rent ~r~ ~ ~ened ~ ~
~(s) w~ ~ r~lumed m Bwer ~le~ within such ~fl~ ewer wa~es ~ ~ge
1o e~e~ ~ ~gage conange~ ~Hod. ~lhin said contlnge~ ~r~, ~ ~1
~nt. B~r'~ failure to no~ Seller ~ writing ~al Bwer has r~eNed sa~ ~g~ ~~
~ te~te ~ c~ ~ ~lif~aUon to BWor In writ~g and ~o do~s~ ~ ~
~D MORT~,GE s~ have ~e lolling ~ono~c and pay~nl le~: ~ ~
~ual~ter~[rate~%,a~ed~er~ ,yea~. ~e~ic~~:
~ ~terest men ~e ~ymen~ d~raase with t~e) ~D ~ ~yable ( ) ~,
~ge w~ r~uire ~ Bwer to keep ~e Pr~a~ ~sured. ~th Sel~r ~ M ~
~ h a ~ zoo) w~h ~verage in an am~nl nol le~ ~an the greater ol ~ ~
~le I~ M~gagm w~ othe~ise ~ntaln ter~ and ~ifio~ that arm ffi b
.~, ~ ~ ~ ~o ~epay nil or any pa~ of ~. pH~ip.l at any ~. wl~ ~m~ m
~S~P~ OF ~ISTING MORT~GE: Wl~ln 10 da~ l~er ~ Efl~ ~te,
s~. ~ller a~es ~er to I~ request a~ ~tain ~ ~
~er~ ~ ~rg~ ~ any ~1 ~nk I~ ~ ~a~ ~ a ~-~ c~rge ~ ~ ~
~ ~t ~. IF NO BOX IS CHEWED. (~) 5~L BE DEE~D TO ~Y.
~ ~te ~ ~ ~ Ir~ a ~ny sat~fact~ Io B~er, ceMifi~ ~ ~ ~ ~
~n, ~ any ~g~enl(s) ~ar~y requEed. No ltslgmnl ~ r~ ~ ~g.
~~',~.'...'"',' '. ";"::':;'~ .'... .... ~.~ ~ :~L~. "~.."'.;~ ','.'.:, :'.,: '. ~ .'
~~~i~~._~*u~. · ',,, ~M ~.1~ ., :~~~~ .
~ ~ ~~ ~m~ ~ ~ .......... ~ ...c . .......... ~ .- .,' ~,.., ...... ....~ '." ~.~ .'-~ .....
~ ~ lO ~ wis ~eO
~ ~ ~ ~o. Each p~ (Seller
TERMS ~D ~~S: ~ ~2,~'2~ .... h~ l-~f~:: T:~c :_~.~[.~l ae~e"
· /,~.v . f ............ .. t . -,r 'a ..~.~....~', .*~',.*.*. '~'.-'I "z* ~x.~ ' : ;~ v ..
· :- AND TWO OF THIS CONTRACT.
BEFORE SIGNING, THE PARTIES HAVE REVIEWED THE ADDITIOt4AL TERMS AND ~ NUMSEFIED 1-1a C~I PAGES ONE
Tax I.D.I Date
Tax I.D.s Dale"
Tax I.D.# Date
C~" To_x I.D.# Date
(~elllr) {Buyer) hereby rejects the off'ir or counteroffer.
circle
(Initial s)
Acknowledge~'~nt el Real Estale Brol~ers; The Seller a'cknbw~edue$ thai ~
~er.~Bwarac~tedges~atLO~ge ~ea andASsoclates k~se~~te~. ·
..... Michael Dougherty ....
<:.~ceipl of tho initial deposit I,s acknowledged by [
l::~01'~i~c~'~ set forth In this conuacl.'
DEPOSIT RECF. APT/
i ~sh or [ t,4"ch~ U~ /'
.)
ILt, duly au,~odzed eganL
!
.-- !jUI',I 1 0 lt:J97
568 Commercial Blvd.
Naples. Florida 34104 · (941) 403-1780 · Fax (941) 403-1787
B~'an Milk
?l*m~ing
2800 N. Ho~cshoc Dr.
N,ples, FL 34104
Ma~ 8, ]997
Re: Eagles Nest Worship Center
CU- 97-8
Dear Mr. Milk,
We have rewently met with one of thc residents on 24th A~:. H.W. rei~.r~ing the
referenced project. To maintain a neighborly relationship and ~ai~ suppon with',he
nearby residents, we have agreed to delete the driveway mecess onto 24th Ave. N.W.
Please be advised thaL by this letter, we are formally requesting that the
.secondary access to 24th Ave. N.W. be removed from our requesi for ~itional Ur~
approval.
If you have any question, please advise.
Respectfully,
Terrance L. Kepple, P.E.
Kepple Engineering, Inc.
cc Paul l-Iardy
I:1 ':
I'1
David and Debra Myers
5720 24th Ave. N.W.
Naples, FL 34119
Bryan Milk
Prindpal Planner
Collier County Planning Commission
County Current Planning Section
Development Services Building
2800 North Horseshoe Drive
East Naples, FL 33942
To the Collier County Planning Commission:
We are writing in reference to Petition No. CU-97-8, Terrance L. Kepple
representing the Eagles Nest Worship Center.
As residents on 24th Ave. N.W., we are opposed to the followlng:
Access to the church, day care, school facility from 24th Ave. N.W. We
feel that access should only be available from Immokalee Rd, as access
from 24th Ave. N.W. would cause a significant increase in traffic and it
would not be safe for children, or adults on bicycles or walking, would
increase the noise level, and would make it d~ficult to access Oakes
from our street in the morning and evening. We purchased in a quiet,
residential neighborhood and would like it to remain residential.
The property rezoned to allow a day care and school. We are not
opposed to a church being built, but do not feel that there should be the
activity generated from a day care and school in our neighborhood.
Debbie has taught in day cares and in schools and knows there will be a
significant increase in noise generated from outdoor play and drop-off
and pick-up of the children.
We know that Collier County is concerned with maintaining high quality
neighborhoods. The approval of this petition would hurt the quality of our
neighborhood and our lives. Please deny the school, day cart zoning and
access to the facility from 24th Ave. N.W.
Thank you for your consideration of our concerns.
Sincerely,
D~vid D. Myers '~"~
Debra L. Myers
· oo
~5/89/1957 82:19
~4159123BB
David ~ct Debr~
5720 24th Ave. N.W.
Naples, FL 34119
Bryan Milk
Principal Planner
C~Uier County Pi~u'dng Comn'~sston
Co~ C~nt PlUs ~c~on
Developm~t Se~c~ Buil~n~
28~ Nor~ Ho~e~h~ ~ive
E~t N~pl~, ~ ~9~
To ~e Collier Co~ ~la~
We are ~i~ ~ refer~ce to Petition No. ~-97~, Te~ L K~ple
~pre~ent~g ~e E~gl~ Ne~t Wo~Mp Center.
As ~slden~ on 24th Ave. N.W., ~e ~re opposed ~ ~e foHo~
1. Access ~ ~e ch~c~ day care, school fadl[~ ~m 24~ Ave. N.W. We
~om 24~ Ave. N.W. wo~d cause a st~t
wo~d not be ~e fo~ ~i~'~, or adul~ on
~crc~se ~e noise l~el, ~d wo~d make it ~ffl~t
kom o~ strut in the momM$ ~d ev~. We pu~d
r~id~ti~ netghborh~d ~d wo~d ~e it ~ ~ms~ ~lden6al.
2. The p~perty rezoned to ~low a day ca~ ~d s~l. We a~ not
opposcd ~ a ch~ch be~ built, but do not
acti~ ~enelated ~om a d~y ~e ~d ~1 M our ~i$hborh~d.
Debbi~ 1~ ta~t ~ day c~es and ~ ~oo~ ~d ~o~ ~e ~1 ~ a
sibilant ~e~ase M noise gene~ted f~m outdoor play ~d dm~ff
~d pick-up of ~e chtldr~
We ~ow ~nt Co~er Coun~ is ~n~rned wi~ m;~g ~ q~li~
neishborhoods. Thc approv~ of ~s ~6tlon w~ld h~ ~e qua~ of o~r
neigh~rhood ~d o~ lives. Please deny iM ~h~l, ~ ~re ~nt,~ and
access to th~ facility ~om 14th Ave. N.W.
~k you ~or yo~ co~ide~ti~ of our ~~.
3Ut 10
MR. BRYAN MILK
COLLIER COUNTY GOVERNMENT
2800 N HORSESHOE DR.
NAPLES, FL 33942
DEAR SIR:
I AM A PROPERTY OWNER ON 24TH AVE, N.W. OFF OAKES BLVD.
AND HAVE RECENTLY BEEN APPRAISE OF A PROPOSAL TO APPROVE A CHILD
CARE CENTER ( EAGLES NEST ) ON OUR STREET.
WE HAVE PLENTY OF CHURCHES IN OUR VICINITY AND ON OUR
STREET N~4 AND DON'T NEED OR WANT ANY MORE. CERTAINLY NOT WITH
ACCESS TO 24TH AVE.
WE MOVED HERE FROM THE EAST COAST TO RETIRE AND LIVE OUT
OUR LIVES IN SOME KIND OF PEACE. Ih~MOKALEE RD ITSELF IS ABOUT ALL
WE CAN HANDLE.
HOPEFULLY, YOU WILL RECONSIDER THIS REQUEST.
SUPPOSED TO BE A RESIDENTIAL (HOMES) AREA.
THIS IS
THEO F. KNIGHT
5660 24TH
!
Jut 1 o 1997
00/16/01 $~1 11:12
FA,~ I C~ON
JUN 1 O 1997T
2
IQ
J4
16
!'7
t~EAS, the Legislature of t~e
conferred on Collier ~lY ~e ~
enforce zoning and su~ ~lness r~~'
pro~ec~ion of ~he p~llc~ ~
~velopmen~ Code {O=di~mce ~. ~1-~02)
Comprehensive Zoning Ord~ce es~i~
is ~he 9ran~tn9 of Conditional Uses;
ap~in[ed and cona[i~ute~ pla~ing
a~fec[ed, has held a p~lic hea=iag after ~ti~ ~ in ~id
re~la[ions made ~d provided, and
Es~a~es zone ~or a ~urch, ~Y caze ~ s~l on the pro~rty
hereinai[er desc=i~d, ~d has Io~d as a ~tte~ of fa~ (Exh~i~
'A") [ha~ sa~is~ac~orM provision ~d
concezning all a~lic~le ~[~ers ~e~i~ed by said re~lations and in
accordance wi[h s~sectlon 2.1.4.4 of ~e ~d ~velo~en~ Code fo~
the Collie~ County Pla~ing C~ssion; and
~E~, all interested par~ies have
be heard by this Board in a p~lic ~ee~ing ass~led and the Board
havin9 considered all ~t[ers presen[ed.
NOH, THE~TO~ BE IT ~SOL~D, BY
Collier Co~Y, Florida tha~:
-1-
JUN 10 1997'
P~, ~
2
&
I!
17
19
34
37
.~9
40
41
42
43
4.4
45
~6
49
~2
.~7
The petitiom filed by Terrance L. Eepple of Kepple Engiaeering,
Xnc., represen~im~ Eagles ~es~ ~oz~lp C~e~ wi~ ~e~ ~o ~
pro~z~y hereima~er ~scrl~
im Yla~ ~k ~. Pages 9~9~. o~ ~e ~lic ~ o~
Collier Co~y, Flori~.
~ ~d ~he s~e Is ~r~ a~r~ for C~io~l ~ses '1', '3' ~
~4' of Section 2.2.3.3 o~ ~e '~' ~es zo~g ~stri~ for a
church, day care cen~er ~ I~l ~ ac~r~ce wl~ ~e ~nc~t~l
Has,er Plan ~hibi~ "B') and I~J~ to the foll~ing con~tions:
a. The Current Planning 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 ~he 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 Coda (Ordinance No. 91-102).
b. The total combined child care and school (K-5)
enrollment shall not exceed 300.
c. The maximum seating capacity for the church shall be
limited to 700 seats.
d. A ten (10) foot wide Type 'B' buffer shall be provided
along the western and southern property boundaries,
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 thirty {30) feet on
center and shrubs shall be spaced a minimum of three
(3) feet on-center, with both trees and shrubs located
on the outside of a six {6) foot tall architecturally
finished opaque masonry or wooden fence.
e. Upon request by the Collier County Supervisor of
Elections, any buildings deemed appropriate by the
property owner and the County, will function as a poll
site.
f. Access to 2At'Avenue N.#. is prohibited.
9- Provide a fire hydrant serviced by a ~/nimum t' water
main within 500' driving feet from the structure.
NFPA 1:3-5.5, NFPA 24:4-2, C~llier County Land
Development Co~e {LDC}.
h. Fifteen percent of the existing native vegetation
shall be retained on-site (&743 sq. ft. of native
vegetation shall be retained in accordance with
submitted vegetation inventory) per Section
3.9.5.5.4, of the LDC, as amended. Illustrate the
area of retained native vegetation on the site plan,
at the site development plan submittal.
_)
!
26
29
32
34
36
39
40
41
42
44
46
47
48
49
~2
~4
$?
61
62
63
6~
no
po
At the time of SOP submittal, provide a wetland
~ur~sdictional determination showing the Sr,~MD line
and the ACOE line. Prior to final SOP approval, all
agency wetland permits shall be subedttad.
The applicant shall be responsible for the
installation of arterial level street lighting at all
project entrances prior to the issuance of any
Certificates of Occupancy for the development.
Substantial coherent evidence shall be provided by
the developer to the effect that the pro~ect ia
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
Under the two lane condition for X~okalee Road, the
applicant shall be responsible for providing
appropriate turn lanes and compensating right-of-waY.
The compensating right-of-waY shall also be provided
under a four or six-lane condition as set forth below.
Compensating right-of-waY for turn lanes and median
areas shall be dedicated by the applicant to reimburse
the county for the use of existing right-of-waY prior
to the issuance of any Certificates of Occupancy
the development. Such dedication shall be considered
site related and there shall be no road impact fee
credit to the applicant.
Under a four-lane or six-lane condition for Xmmokalee
Road, the applicant may be constrained to right-in/
right-out access movements. The County reserves the
right to restrict and/or modify the location and use
of median openings in accordance with Resolution ~2-
422, Collier County Access Management Policy, as it
may be amended from time to time, and in consideration
of safety or operational concerns. Wothing in any
development permit issued by the County shall operate
to vast any right to a median opening in this project,
nor shall the CoUnty be liable for any claim of
damages due to the presence or absence of any median
opening at any point along any road frontage of this
project.
The applicant shall reserve a fifty-foot strip along
the entire project frontage for future roadway right-
of-~aY prior to the issuance of any Certificates of
Occupancy for the development. The County reserves
the right to acquire said right-of-waY at a fixed cost
for land and improvements without severance damages at
the time needed. The basis of cost for any such
acquisition shall be at the present market value based
on the present zoning or on the applicant's cost to
acquire the land, whichever ia less.
Land acquired for right-of-waY may be eligible for
road impact fee credits in accordance with Ordinance
92-22, as amended. Any such credits shall be subject
to approval by the Board of County Commissioners.
Road improvements required for this pro~ect, both site
specific and system capacity, shall be in place prior
to the issuance of any Certificates of Occupancy for
the developments.
?
!
1o
12
13
15
15
19
~o
23
2~
21
~9
31
Road Xmpac~ Fe~s shaXX b* paid Xn accordance
Ordin&nce 92-22, as mndsd, and shaXX be paid a~ ~he
approved by ~e ~ard o~ Co~Y
~inu~es of ~his Board.
This ~esolu~lon a~ed af~ez ~ion, second amd~orl~M~e'
~ne ~his ~ ~Y Of ~, 1997.
ATTEST:
D~IGHT E. BROCK, CLERK
XP~aOV~D AS To Fom, t A~D
LEGAL SUFFICIENCY:
~,,IA,RJOIIZE H. STUD~T
~SIST~ CO~TY ATTO~Y
BOARD OF ZONING APPF-t-LS
COLLIER COUNTY, FLORXDA
BY:
~i~0THY L. HANCOCK,
-4-
JUN 10 1997v/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-8
The following facts are found:
1. Section 2.2.3.3.1, 2.2.3.3.3 and 2.2.3.3.4 of the Land
Development code authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan: /No
Yes -
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 ingr~ssj& egress
Yes b-"_ No _
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~ affect or Affect mitigated by _ _
- - Affect c~nno~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~o _ _
this conditional use should, with
~ be recommen~for
Based on the above findings,
stipulations, (copy attached)
approval '
f/FINDING OF £ACT CMAIRMAN/C~J-9]-a
JUN 1 0
I
b'"'l!~!li~!t!:lil::J fil:.{~l~!l.~ !
IIIIIILJIIIIIIlllU
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I!li:l:l:~iE:t:] E.i:J:!t!l:l:J:!l!~:fi]_J
I
RECOMMENDATION TO
BRIARWOOD UNIT FIVE
~XECUTIVE SUNMA~Y
APPROVE FOR RECORDIN~ THE FIK~L PLAT OF
To approve for recordin9 the final plat of Briarwood Unit Five.
~ONSIDNEATIONSt
The Board of County Commissioners on November 28, 1995 approved
the final plat of Briarwood Unit Five with the stipulation that
the plat not be recorded until security was provided to ensure
completion of the required subdivision improvements.
FISCAL IMPACT~
The fiscal impact to the County is none. The
project cost is $321,948.00, to be borne by the developer.
The security amount, equal to 100% of the cost to complete the
remaining improvements and 10% of the total cost of the project, is
$161,285.00. The developer has provided a Letter of Credit as the
required security. The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $7,039.00
Fees are based on a construction estimate of $321,948.00 and
were paid in July, 1995 and are reflected in the Executive Summary
of November 28, 1995.
Executive Summary
Briarwood Unit Five
Page 2
~ROWTH MANAGEMENT IMPACT~ None
]~CO~ATIQN~
That the Board of County Commissioners approve the final plat of
· Briarwood Unit Five", with the following stipulations:
1) Accept the Letter of Credit as security to guarantee
completion of the Subdivision improvements.
2) Authorize the recording of the final plat of .Briarwood
Unit Five".
3) Authorize the Chairman to execute the attached
Construction and Maintenance Agreement.
4) That no Certificates of Occupancy be granted until the
required improvements have received preliminary
acceptance.
John R. Houldsworth] Seni6r Engineer
Engineering Review
Date
REVIEWED BY:
Thomas E.' ~c~, P.E. Date
En~tz~-r~ng Review Manager
Donald W. Arnold ~
Direc or - Pla~ing Services
9incent Ri Cautero, Administrator Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
Date'
J~H: ew
AN
ES
11'
.='lN£ P-JDG~ ROAD
NAPIJES
25
'l
!
~ 30
GOLDEN
2.
CITY
EAST
NAP
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AN MAINTENANCE AGI1.EEh~qT for SLIBDMSION
IMPKOVFJviElqTS, entered into this day of , 1997 between
_t~,PUBLIC DEVELQPM~,,NT CQRPQRATION QF OltlO.. ln~ hereln~ter referr~ to u
'Developer" and the Board of County Commissioners of Collier County, l:lorlda, hereinafter
referred to as "The Board".
I Developer has, simultaneously with the delivery ofthis Agreement, applied for the approval
by the Board of a certain plat of subdivision to be known as: BRIARWOOD UNIT.FIVE.
2 Division 3.2 of the Collier County UnLfied Land Development Code requires the Developer
to post appropriate guarantees for the regulations, ~aid guarantees to be incorporated in an
agreement, with security, for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing prerdses md mutual covenants hereinafter
set forth, Developer and the Board do hereby covenant and agree as follows:
1 Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting
infrastructure serving ~RIARWOOD [JNIT F/VE within ~.~ months from the date of
approval of said subdivision plat, said improvements herein zfter referred to as the required
improvements.
2 Developer herewkh tenders its Letter of Credit/Surety Bond (attached hereto as Exhibit "A'
and by reference made a part hereof) hereinafter the 'Letter of Credit"/"Surety Bond", in
the amount of $161~285~00, which amount represents 10% of the estimated cost to
complete construction plus 100% of the estimate cost to complete the required
improvements at the date of this Agreement.
3 In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the Letter of Credit/Surety Bond to insure ~atiffactory completion of the
required improvements.
4 The required improvements shall not be considered complete until a statement of ~ubsttnti,1
completion by Developer's engineer ~long with the final project records have been furnished
to be reviewed and approved by the Development Services Director for compliance With the
Collier County Land Development Code.
'JU l i 0 1907[
The Development Servkes D]rcctor sh~ll, '~th]n sk'W (60) days oi' rccdpt of the smement
of sub~d~ completio~ either: ~) no~ the D~oper ~ ~fing of ~s prel~n~
~ppro~ or ~e ~provements; or b) no~ ~e D~dop~ ~ ~t~g of ~s ~ to
~pprove ~provements, ~ere~th ~pe~g ~ose ~nditions w~ch ~e D~eloper mu~
~l~ ~ order to obt~ the Dire~o~ ~pprovfl orthe improvements. Howler, ~ no ~en~
~hfll ~e D~dopment Se~ces Director re, se prd~n~ ~ppro~ orthe ~prov~en~
th~ ~e ~ fa~ ~nstm~ ~d sub~n~ for ~ppro~ in ~ord~ce ~h ~e ~u~em~t~
offs A~eem~t.
~e Developer sh~l m~t~ E1 requ~ ~prov~ for ~ ~~ p~ofl of one y~
~er preli~n~ ~pprov~ by the Development S~ces Dke~or. ~ ~e one
m~nten~ pedod by ~e Developer h~ re. haled, ~e Developer ~h~ petition
D~elopment Se~ces Director to ~sp~t the r~uired ~provements. ~e D~dopment
Se~ces Direaor or ~s desi~ee sh~ ~pea the improvem~ts ~d, W found to be ~ill
compliance ~th the Collier Coun~ L~d Development Code ~s reflexed by final appro~
by the Bo~d, the Board shall release the retaking 10% of the ~bdMsJons peffo~ce
secufi~. ~e Developer's responsibili~ for mfinten~ of the required improvements sh~l
continue u~ess or unlg the Board accepts m~nle~nce respons~gi~ for ~d by the Count.
Six (6) months after the execution of this Agreement and once ~4thin every six (6) months
there~er the Developer may request the Development Services Director to reduce the
dollar amount of the subdivision performance security on the basis of work completed. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together
with the project records necessary for review by the Development Services Director. The
Development Services Director may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the
request.
In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure, the County Administrator may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the fight to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and
acceptance of bids, the improvements required herein. The Developer, as principal under the
subdivision performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final lotal cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with ~ny damages, either direct
or consequential, which the Board may sustain on account of the failure of the Developer to
fulfill all of the provisions of this Agreement.
All of the terms, covenants and conditions herein contained are and shall be binding upon
the Developer and the respective successors and assigns of the Developer.
1 0 1997
IN WrTNBSS WHBE.BOF, thc Board and the Developer lure caused this Agreement to be
executed by their duly author[zed representatives tl~s_ .. day of_ ,1997.
signed, Sealed and Delivered
OF OHIO, INC.
in the presence off ~.D. ~~~/
REPUBLIC DEVELOPMENT CORPORATION
ATTEST:
Dwight E. Brock, Clerk
Approved as to form and
legal sufficiency:
Collier County Attorney
,3
BOARD OF COUNTY COMMISSIO~
OF COllIER COUNTY, FLORIDA.
By:
~imo~h~ L. HancocK, Chairman
"' ' I~N~31NEERS ESTIMATE OF PROBABLE COST
BRIARWOOD UNIT FIVE (REVISED 10125195)
II~TAI~,~ WATER
I'
3' CONDUIT
TEMP.
TOTA~ WATER
DK, I, INAO~
COlT
fi.lO
12.1~
l?21.0O
HO~.OO
112.111,4Q
1721.00
NO0.00
122,111.00
PAV1NG
~ANITARY MVY~R
r pvc LANrTA~V' I~R 1170 LF 112.70
YANHOLEI a L~ 11.~30,00 #,lO0.~O
I' &AN~TARY LATEKAL 841 L.
C LEAN O~.~i'$ 30 EA t73.11 ti.471.CX)
TOTAL SANrrARY &t"W~ R 124,1t7.70
TOTAL
~ONO ~ 110%
1141.123
JUN 10 lC 7
KeyBank
A KeyCorp Bank
KEYBANK NATIONAL ASSOCIATION
INTERNATIONAL OPERATIONS
127 PUBLIC SQUARE
CLEVELAND, OHIO 44114-1306
swirl: SNBCUS33
TELEX: 212525 SNB UR
FAX: (216) 689-4066
PHONE: (216) 689-7032
DATE: HAY 13, 1997
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S97/94731
ISSUER: KeyEank National Association
International Operations (0H-01-27-0706)
127 Public Square
Cleveland, Ohio 44114-1306
PLACE AND DATE OF ISSUE: May 13, 1997, Cleveland, Ohio
PLACE OF EXPIRY: At issuing bank's counter in Cleveland, Ohio
DATE OF EXPIRY: This Credit shall be valid until MAY 13, 1998,
and shall thereafter be automatically renewed for successive one year
periods on the anntversay of its tssu~ unless at least sixty (60) days
prior to any such anniversary date, the Issuer notifies the Beneficiary
in writing by registered mail or courier that the Issuer elects not to
so renew this Credit.
APPLICANT: Republic Development Corporation of Ohio, Inc.
A Florida Corporation
3150 Republic Blvd., N. No. 3
Toledo, Ohio 43615
BENEFICIARY: The Board of County Commissioners,
Collier County, Florida (hereinafter "Beneficiary")
Collier County Courthouse Complex
Naples, Florida 33962
Attn: Office of the County Attorney
AMOUNT: USD 161,285.00 (United States Dollars One Hundred Sixty One
Thousand Two Hundred Eighty Five Only)
up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer
BY: Payment against documents detailed herein and Beneftclary's draft at
sight drawn on the Issuer.
**CONTINUED ON PAGE TWO**
Authorized Signature/ ~.~
Authorized Signature/I
JUN 10 1997
vtNo.01
Ke ank
A KeyCorp Bank
KEYBANK NATIONAL ASSOCIATION
INTERNATIONAL OPERATIONS
127 PUBLIC SQUARE
CLEVELAND, OHIO 44114-1306
SWIFT: SNBCUS33
TELEX: 212525 SNB UR
FAX: (216) 6Bg-4066
PHONE: (216) 689-7032
PAGE TWO OF IRREVOCABLE STANDBY
LETTER OF CREDIT NO. Sg7/94731
SPECIAL CONDITIONS:
DOCUMENTS REOUIRED: Available by Beneficiary's Draft{s) at sight drawn
on the Issuer and accompanied by Beneficiary's Statement purportedly
signed by the County Manager, certifying that:
"Republic Development Corporation of Ohio, Inc. a Florida Corporation,
has failed to construct and/or maintain the improvements associated
with that certain plat of a subdivision known as BRIARWOOD UNIT FIVE
or a final inspection satisfactory to Collier County has not been
performed prior to the date of expiry, and satisfactory alternative
performance security has not been provided to and formally accepted
by the Beneficiary."
DRAFTS DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED:
"Drawn under KeyBank National Associeticn Credit No. 897/94731,
dated ~ay 13, 1997." The original Letter of Credit ~nd all
amendments, if any, must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's
undertaking and such undertaking shall not in any w~y be modified,
amended, or amplified by reference to eny document, instrument, or
agreement referenced to herein or in which this Letter of Credit
relates, and any such reference shall net be deemed to incorporate
herein by reference any document, instrument or agreement.
Issuer hereby agrees with Beneficiary LSat draft{s) drawn under and
in compliance with the terms of the Credit shall be duly honored by
Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1993 Revision) International Chamber of Commerce
Publication Ne. 500.
Authori ze~i gnat~
Authorized ~gnature/EvtNo. O1
RECOIOIENDATION TO APPROVE FOR RECORDING THB FIB~ PL~T OF
"HAHPTON RO~'~ AND :%PPROVE THE VAC;%TION OF ]% PORTION OF THE
RECORDED PL~T OF "KENSINGTON P~RK PHASE TNO"~ pETITION
TO approve for recording the final plat of .Hampton Row" and
approve the vacation of a portion of the recorded pl&t of
,,Kensington Park Phase Two", petition AV-97-004.
CO__NBIDERAT~ONS~
The Board of County Commissioners approved for recording the
final plat of -Kensington Park Phase Two" on October 15, 1995.
Lots 17-25, Block C and Lots 7-15, Block E are being replatted to
provide for a different type of unit.
The fiscal impact to the County is none. There
are no subdivision improvements associated with
this rep!at.
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $950.00
~ROWTH MANAG~KENT IMPACT= None
~ECO~NDATIO~: ~
That the Board of County Commissioners approve the final pl&t of
-Hampton Row", and approve Petition AV-97-004 with the following
stipulations:
1)
2)
Authorize the recording of the final plat of -Hampton
Row".
Authorize the Chairman to execute the attached Resolution.
JUN 10 lc 7
Executive Summary
Hampton Row
Page 2
PI~EPARED BY:
John R. Houldswo~th, Senior Engineer
Engineering Review
Date
REVIEWED BY:
Engineering Review Manager
Donald W. Arnold
Director - Planning Services
Vincent A. Cautero, Administrator
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH:ew
Date
Date~
~ -- AG£
PETITION FORM FOR VACATION OF PLAT OCCURRING
SIMULTANEOUSLY WITH REPLAT
Date Received: ]h.P~tL ! 0 ,Ci(~ -[ Petition//: cjq... OO
petition/Owner: d. DUDLEY GOODLE17F-., TRUSiEE
941-435-3535_
Address: _,1001 ~c-~'TREET N. NAPLES Telephone:
City/State: .__NAPLES. FL ..... Zip Code: .._3,4103_
Agent: _McANLY ENGINEERING AND DESIGN, INC.
Address: .$1 O/TAM/AMI TRAIL .EAST, SUITE 202~
City/State: '._.NAPLES, FL
Location: Section m 13__ Township __49 SOUTH_
Legal Description: ..
Telephone: _775.072J____.
Zip Code: mJ4l l $ -
Range _ ,.25 E.4ST~ ,.
LOTS 17-25, .BLOCK C AND LOTS 7.15 BLOCK E
Subdivision: _ KENSINGTON PARK PHASE TWO
Plat Book 2.5 Page (s) ....82 THROUGH 83
Reason for Requesting:_ RESUBDIV1DING LOTS FOR LARGER LOTS
Current Zoning: .___PUD Does this effect density?
I Hcreby Authorize Agent Above to Represent Me for this Petition:
Signature of Petitioner
Date
Printed Title
YES--A REDUCTION....._
Yes_.X__ No _
N0. ~
JUN .1. 0 1997
~)v,
~-40
~Oz
~,z.o
I
OWl'~ I_A~T OF AT.~. PROPERTIES WITH IN 250 TE£T OF VACATION
nter
Lot 2O
Lot 21.22
Lot 23
Lot 24
Mock B
Lot 9 through Lot 16, inclusive
Edilberto S. Lin~ackrJo Vkki Chin
4800 North/da'pon P,o~d
Naplest Fl. 34105
Wa'rcnton EnterprLr~ Corporation
4~00 North Airport ~
Naples, ]:1. 34105
To~i & Help Y. ntst¢l
c/o Wan~nlon Enterprises Corporation
4800 North Airport Road
Napl¢s~ Fl, 34105
l~li&nc~ Properties LTD
4S00 North Airport Road
Naples? Fl. 34105
Lot 17
Lot 18
Lot 19
Lot 20
Lot 21
Lot 22
Warrenton Enterpri.~s Corporation
4800 North Mrpon Road
Napl~t Fl. 34105
Dante & Priscilla Barbosa & Vicki Chart
4800 North Airport Road
Naples? Fl. 34105
Ed~'azd I.~ & Monina Burngamer
]Vh~gall&ncs Village
#15 San Gerordmo
Maki~ Metro Manilla, Pkillipines
Wa"renton Entcrpriscs Corporation
4800 North Airp<)n Road
Naples, Fl. 34105
Hclcna Legarda So
Pa.~y CiD'
2818 F.B. Harrison St.
Matro Manila~ Phillipin¢$
Wanenton Enterprises Corporation
4800 Nor~ Airport Road
Naples? Fl. 34105
Danilo &nd Cynthia Bumg
Pasay Cie7
2814 F.B, Itarrlson SL
}datro Manila~ Phillipines
JUN 10 1997
Pl.-- ~) -
LOt 2
LOt 3
~t 6
Lot 7
LotS, 9
Kensin~on Park Phase Two
ITeodorico C. & Jean A. Taguinod
4157 Europa Drive
Naples~ Florida 33942
Ulrich & Ar. rid Rifler
c/o Thom,u Schall~r
4760 Obero= Court
iNaples~ Florida 33942
W~T=nton Entcrprises Corlxmation
4800 North Airport Road
Naples! FI. 34105
Jobannts ~Lnk & Hcadrik F~ink
o'o Thorns Schall=r
4760 Oberon Court
Naplest Florida 33942
Walter & Jo~aJu,.a Steinldmer
I~:rgstra~ 3
~969 DieLrnan~rtid
Warrenton Entcrpris~ Corporation
4800 Non.h Airport Road
Naples, FI. 34105
Ursula Com'uclo L, Macapagal & Ramon L. Lijauoa
2800 North Airport Road
Naplest Florida 33962
Wartcnton Enterprises CorporaLion
4800 North A.irpon Road
Na..oles, Fl, 34105
Lot 11
Lot 12
Lot 13
Lot 14, 15, 16
Lot 26, 27, 28, 29, 30, 31
Janet E. Hardee, Truslee
8868 Lely Island Circle
Naples. Florida 34112
J. Dudley Goodlctle, Trua'tee
4001 Tamia.mi Tra~l North
Suite 300
Naples Florida 33942
Robert & .lanina Krat. zer
$70 Carriage Drive
Orange, CT 06477
J. DudltT Goo~¢ne, Trustee
4001 T~tia. mi Trail North
Suite 300
Naples Florida 33942
J. Ductley Goodletle, Trustee
4001 TamiaJni Trail North
Suhe 300
Naples Florida 33942
3UN 10 1 97
]~lock E
Lot l, 2, 3, 4, 5, 6
Lo~ 16, 17, lg, 19, 20, 21
$. DudJey Goodies, Trustee
4001Tamlaml Trail North
Sult~ 300
Natples Florida 23942
I. Dudley Goodl~e, Trustee
4001 TzmIaml Trail North
Suite 300
Naples Florida 33942
"~- ~
JUN ! 0 1997
3:L~SOLUTZON )TO. ~?..___
RESOLUTION AUTHORXZING THE ACC£PTA~CE OF KAMPTON ROW
A R£pLAT OF A PORTION OF A pREViOUSLY RE¢o~D£D pLAT KNOWN
AS KENSINGTON PARK pHASE TWO, AND AUTHORIYING THE VACATION
OF A PORTION OF A pREVIOUSLY RECORDED PLAT OF KENSINGTON
pARK pHASE TWO ACCORDING TO THE ATTACTiED LEGAL
DESCRIPTION, pETITION
County,
WHEREAS, the Board of county Commissioners of Collier
Florida, on October 24, 1995 approved %he pl&t of Kensington Park
Phase Two for recording; and
Lots 17-25,
WHEILEA$, J. Dudley Goodlette, Trustee is replattimg
Block C and Lots 7-15, Block E and has filed for a replat of said
lands; and replat
WHEILEAS, except aa provided tot in this Resolution, this
does not ex~inguish or in anyway affect the dedications contained in
the previous plat of these lands; and
portion of the previously recorded plat as described in
ia a
WIiEREAS, this parcel, the approved plat of liampton Row,
part of a previously approved and recordod plat, Kensington park phase
fills and recording of this approved plat shall not
Two, and the to l~ts preVioUsly conveyed under the Kensington Park
affect access
phase Two plat.
.. T RESO~VrO AND ORDER£O BY THz ~x..~,~ o~'
NOW, THEREFORE. _BE__i.~=
21 ¢OUltTY ¢OI~:MlSSIONERS_ O_F. c.u~evi;~slv 'approved and recorde~ pla:,
34 Hampton Row, .a _p. ar: o~_ - ,-~'~...~v '.~rove o recordin and the
~ Kensington Park phase TW~, ~ - .... ~ _~=____d f ir g
36 dedications contained on the plat of Hampton Row are hereby acceptedl
ed in Exhibit A are hereby vacated. Sai~
~ and those lands descr_i.b ............ etlon o! the subject plat.
31 vacation shall become e::sc:xve
~ED AND ORDERED that the Clerk of the
39 BE IT FURTHER RESOL .... j_. this action upon .the
40 Circuit court shall make proper no:a~A~,, of
d a certified copy of this replat an~l a
41 previous plat an.d..rec_o._rc_.~ ..... al ion i~ the official Records of
42 certified copy ox :ne vaua~v,, ..... ut
4] Collier county, vote
This Resolution adopted after motion, second and majority
favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and legal
sufficiencY:
~eidi F. Ashton
Assistant Collier county Attorney
69
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:_
TIMOTHY L. HANCOCK
JUN 10 lgg7
OBTAIN BOARD APPROVAL
PROPERTY OWqqERS.
~: To obtain Board
Owners.
EXECUTIVE SUMMARY
TO REIMBURSE EXCESS FUNDS TO FOREST LAKES
approval to Issue reimbursements to Forest Lakes Property
_CONSIDERATIONS: On April 9, 1996, the Board authorized staff to 'fast track' the Forest Lakes
Landscape Buffer Improvements along Pine Ridge Road. The 'fast track' required advanced
payments from property owners rather than the time-consuming MSTU taxing approach.
The project is complete, and came in under budget by $9,000. Staff is recommending that these
funds be reimbursed pro rata to the property owners. There are slx (6) outstanding properties, and
staff will continue efforts to collect those funds and Issue refunds, pro rata, up until the checks are
prepared.
~,~7,.~._~: Funds in the amount of $9,000 were collected in excess of actual project costs.
This amount will be refunded on a pro rata basis to the original payor.
Total Funds Collected $33,150
Total Project Cost ~
Amount to be Reimbursed $ 9,000
This reimbursement calculation considers the Board's previous action to absorb administrative
costs of approximately $4,000, Road and Bridge labor and equipment costs of $5,230, and annual
maintenance costs of the hedge of approximately $4,800,
GROWTH MANAGEMENT IMPACT: Not applicable,
RECOMMENDATION: That the Board authorize staff to prepare the necessary budget
amendment(s) and other documentation to submit to Finance for Issuance of pro rata refunds to
the property owners, and authorize Finance to make the refunds and necessary journal entries to
apply against Fund 101-163620-763100.
PREPARED~~~7~~
(~d~w'ar~ N. ~.~ Opera~ons Director
David F..,.,Bobar'jd~-Iflteri[[} Transportation Director
REVIEWED BY~
~ Ed Ilschn~r, 15~t~lic Wor~s Administrate'
DATE:~
DATE:~
EJF/mk/052097/~S Frst Lks Refund.doc
Quantity.
Per Total
Units Unit Paid In Sham
1 Golf Club $ 3,500.00 $ 3,500.00 10.56%
56 Units $ 250.00 $ 14,000.00 42.23%
28 Units
40 Units
Reimburse Total Per Unlt
Amount Reimburse Reimburse
~X)0 $ 950.23
9000 $ 3,600.90
237.5O $ 6,650.00 20.06% 9O0O $ 1,805.43
$ 33,150.00 100.00% ·
950.23
67.67
64.48
61.09
ORECOM~fENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE TI~
ATTACHED BUDGET AMENDMENT TO FUND TB~ SUMMER YOUTIi NIGIITS IN ~
IMMOKALEE AND NAPLES AREA.
Objective: 'that the Board of County Commissioners approve the sttached budget amendment to fund the
S,m~mer Youth Nights in the Immokalee s,',,d Naples area,
Consideration: The Parks and Recreation Department provided youth nights at various County Pm'k.~
during the summer of 1996. These nights were attended by you'& tlu-oughout the County and included such
activities as skateboarding, swimming, dancing and basketball.
This year the City of Naples, the Collier County School Board and County staff have been working with the
Youth Coalition, which is represented by youths from schools throughout Collier County, to provide activities
for the summer monflzs. A schedule of activities has been drafted and will be implemented for the upeom!n.=
The Parks and Recreation Depaxhnent viii offer ten (10) youth nights in lqaples and five (5) youth nighls in
Immokalee at an estimated cost of one thousand dollars ($1,000.00) per even*,. These funch will pay for
[efi.es.hments, bands and special programming. The attached budget amendmen! is to fund these even~.
Fiscal Impact: The attached budget amendment transfers funds from 001 Reserves to 001 General in the
amount of $I0,000 to fund the Youth Nights in Naples, and $5,000 fi.om I11 Reserves into Fund 111 MSTU
General to fund the Immokalee Youth Nights.
Growlh Management: None
Recommendation: That the Board of County Commissioners approve the attached budget mnendment to
fund the Summer Youth Nights in the Immokalee and Naples area.
Prepared by: ~._~
M~do Smith, Recreation Manager
Deparunent of Parks and Recreation
Approved by: Marla~'nsey, ~irector
Depmunent of Parks and Recreation
Date: o~'- 2 ~- ~'./2
r te:,
Reviewed and '
~pproved by ~_~!.O~;'.d
Thomas W. Olliff, ~inistrator
Division of Public Services
Date: ,-~' .,~.c~'~
14o
JUN I
BUDGET AMENDMENT REQUEST
FUND TITLE MSTD General Fund FLIND NO. 111
Date' prepsred: 5-28-97 Attach Executive Summary
BCC Agenda date It~'No.
if previously approved.
EXPENSE BUDGET DETAIL
IResers'es 11919010 ne 0
Cost Center Title I Cost Center No. Project Title Project No.
Expenditure Expenditure Increase Current Revised
Object Code Title ('Decrease) Budget Budget
991000 Reserves for (5,000) t.~,! O0 ~b '~, too
Contingency
TOTAL (5,000)
Cost Center TitleII Cost Center No. 1] Project Title Project No.
Expenditure
Object Code
634999
Expenditure
~Title
Other
Contractural
Se~'ices
Budget
11Budget
I(Decrease)
15,ooo 1175,ooo [so,ooo
TOTAL 5,000
i-- Ag~nq~a Itm
No.~t
JUN 1 O lg97
BUDGET AMENDMENT REQUEST
Fo~ B~I~ Usc
A.P~. D~ .......................
FUND TITLE General Fund FUND NO. 001
D~le preptred: 5-28-97 Attach Executive Summary
BCC Agenda date Item No.
if previously approved.
EXPENSE BUDGET DETAIL
IReserves 0 '
Cost Center Title [tProlect No.
I919010
ICost Center No.
112one
l Project Title
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
991000 Reserves for (10,000) ~', $:~, ~ Icl ~ 3~ r,
Contingency
TOTAL (10,000)
Recreation
Programs
Cost Center Title
Expenditure
Object Code
634999
156341
Cost Center No.
none
lProject Title
I lOproject No.
Expenditure
Title
Other
Contractural
Services
Ilncrease
(Decrease)
10,000
IICurrent
Budget
313,900
I Revised
,, IBudget
1323,900
TOTAL 10,000
ti
,~.;N I 0 I.=.97
Cost Center Title
REVENUE BUDGET DETAIL
Cost Center No. [ Project Title
Project No.
Revenue Revenue Title Increase Current Revbed
Object Code (Decrease) Budget Budget
I TOTAL
EXPLANATION
Why are f,'nds needed? To fund summer youth night activities in Naples and Immokalee,
to include disc jockies, food and beverages, special event expenses such as inner tubes for
pools, sknte board ramps, prizes and decorations.
'Where are funds available? From reserves for contingencies in the general fund and in
the MSTD general fund.
REVIEW PROCESS
Cost Center Director'
Division A d minist rat o r:----~,.~,,~
Budget Department:
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
DATE
JUN 1 0 1997
EXECUTIVE SUMMARY
RECOlVl~NDATION TRAT ~ BOARD OF COLLI~R COUNTY
COM2VIISSIONERS APPROVE A TIM~ EXTENSION TO ~ CONCEPTUAL
APPROVAL AGREElVI~NT ~ FLORIDA COM~,~S TRUST RELATIVE TO
THX SUGDEN REGION PARK pI~F. SERVATION 2000 STATE GRANT AWARD ,
Objective: To have the Board of County Commissioners approve a time extension to the
Conceptual Approval Ag~ement with the State of Florida relative to the Sugden Regional Pa.*k
Preservation 2000 State Grant award.
Considerations: On April 16, 1996, Collier Cotmty entered into · Conceptual Approval
Agreement with Florida Communities Trus~ for · State Grant award relatLn$ to the construction
of Sugdcn Regional Park. The initial term of the agreement expired on November 8, 19~6, and
was amended by Addendum I to expire May 8, 1997. A second addendum is recluired to extend
the agreement until November 8, 1997. This second addendum is needed to address a 20%
discrepancy between the two appraisals that were performed and need to be clarified ~ the
Florida Communities Trust administrative procedures. Both County and Florida Communities
Trust staff are actively working to narrow the difference between the appraisals that were
performed. This situation should be able to be rectified within 30 days.
Growth Management: Sugden Regional Park is compatible with the Ree~ational and Open
Space Element of the County's Comprehensive Plan.
Fiscal Impact: Collier County shall receive from the Florida Communities Trust monies
ranging fi.om 72014 to 85414 to be used for the construction of Sugden Regional Park.
Recomme-dstion: Staff is recomL;~nding that the Board of County Commissioners approve
the time extension as stip. u/l~, ted j~the agreement and authorize the Chairman to execute said
agreement on the Boar,~s~eha[f/',/ "'. ,',..
Prepared by: ~-.~.~f:¥ /_~....
- - Gary Fran~/o,~.arks Superintendent
· Dcpa~nt of Parks and Recreation
Reviewed and Date
Approved by Marl~-Ramsey, Director /~
Department of Parks and Recreation
Reviewed and
by
Approved Thom ~s~ ~ Ili~f~Adm~nis'~l~
Division of Public Se~ices
Date~"]
JUN 1
_ pg...__=L..._
CONTRACT #
FLORIDA COM~KJNITIES TRUST
P56 AWARD #95-017-P56
ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM II to the Conceptual Approval Agreement is entered into by and
between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulator)'agency within the State
of Florida Department of Community Affairs, and COLLIER COUNTY ("FCT Recipient"),
this ~ da)' of ., 1997.
WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets
forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the
receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Presep,'ation 2000 award;
WHEREAS. the initial term of the Conceptual Approval Agreement expired November
1996;
WHEREAS. the Conceptual Approval Agreement was amended b)' ADDENDUM I to
expire May 8. 1997:
WHEREAS. the FCT Recipient in accordance with GENER. AL CONDITIONS paragraph
3 of the Conceptual Approval Agreement and in compliance with Rule 9K4.01012)(k). F.A.C.. has
timely submitted to FCT a written request for extension of the Ma)' 8. 1997. deadline;
\VHEREAS. GENERAL CONDITIONS paragraph 14 of the Conceptual Approval
Agreement states that the agreement ma.',' be amended at any time prior to FCT giving final project
plan approval to the FCT Recipient. Any agreement must be set forth in a v, ritten instrument and
agreed to by both the FCT Recipient and FCT:
WHEREAS. the parties hereto desire to extend the term of the Conceptual Approval
Agreement as provided by Rule 9K-4.010(_)(k), F.A.C.;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follov~'s:
!. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph
3. and paragraph 14, the parties hereby agree to revive it nunc pro nme ~ though it had not lapsed
in accordance vdth paragraph 3.
2. In every respect, this amendment is to be com't~ed and applied as though the partie~
had both signed it before May 8, 1997.
ADDII\95-017-P56
5-14-97
j
3. The Conceptual Approval A~reement by and between FCT and FCT Recipient is
hereby extended until November 8. 199'/.
addendum.
The date of execution oft. his addendum shall be the date that the last part).- signs this
THIS ~,DDENDUM II TO CONCEPTUAL APPROVAL AGREEMTNT, ADDENDL~I I. the
CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entir~
.Agreement betv,.'een the parties.
IN WITNESS WHEREOF, the parties here:o have duly executed this ADDENDL'M II TO
CONCEPTUAL APPROVAL AGREEMENT,
COLLIER COL~TY
FLORI DA COX I.~IL .'N1TI ES TRUST
By: By:
Title:
Accepted as to Form and Legal
Sufficiency:
D:te:
.lames F, Nlurley. Chair
Date:
Accepted as to Form and L%,al
Sufficiency:
Ann J. Wild. Trust Counsel
Date:
ADDIP.95-017-P56
.-,4-97
EXEI~ SUMMARY
RECOMMENDATION TO APPROVE A BUDGET AMENDMENT FOR
PROVIDING ADDITIONAL CHAIN LINK FENCING TO THE TOP OF THE
PRISONERS ENTRANCE (SALLY PORT) AT THE IMMOKALEE
COURTHOUSE FOR SECURITY REASONS.
OBJECTIVE: To gain Board approval for a budget amendment correcting a possible
security breech at the Immokalee Courthouse,
CONSIDERATIQN$: The original fence at the Immokal~ Courthouse "nlly port' was
installed with a large gap between the top of the fence and the roof, allowing the
oppo~unity for prisoners to escape over the fence. The Sheriff's Office has requested that
new fencing be installed to close the gap to ensure adequate security.
FISCAL IMPACT: Funds in the amount of $2,000.00 would be transferred from the 301
Reserve Fund, 301- 919010 -991000 to Fund 301-110t~92-8001/~ (lmmokal. ee {;overn=ent:
Center).
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board approve the attached Budget Amendment and
recommendations relating to security at the Immokalee Courthou~ as described within this
summary.
f. Ja_~ ~°gnale, "C~n~ruction Manager
/Department of Facilities Management
REVIEWED BY: ~
S~ip ~:am~,, CFM, Director
Department of Facilities Management
Leo E. Ochs, Jr., Adr~fiistrator
Support Services Div~ion
BUDGET AMENDMENT REQUEST
FUND TFFLE Co. Wide Facilities Capital FUND NO, 301
Datc prepayS: May 29, 1997 Attach Executiv~ Summax~
BCC Agenda date Item No.
if'previously approved.
EXPENSE BUDGET DETAIL
~-Misc~-rojects- I ICost Center No.
ICost Center Title ]
[Project Title . ] ]Project No.
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
762200 Capital Outlay $2t000.00 S28t800.00 $30~800.00
TOTAL S2,000.00
Reserves
Cost Center Title
919010
Cost Center No.
[Project Title
Expenditure
Object Code ,
991000
Expenditure
Title
Res. For
Continl~encies
Increase
(Dec,'ease)
(s ,ooo.oo)
Current
Budl~et
$495,313.00
Project No.
Revised
Budget
$493,313.00
TOTAL ($2,000.00
~._ /t_. 0 I[
Cost Center Title
REVENUE BUDGET DETAIL
I Cost Center No. Project Title
j Project No.
Revenue Revenue Title Increase Current Revised
Obi ect Code (Decrease) Budget Budget
TOTAL
EXPLANATION
Why are funds needed? To ensure adequate securit~ for the Immokalee Courthouse.
Where are funds available? Funds are available in Fund 301, Reserve For Contingencies.
REVIEW PROCESS
Cost Center Director:
Division Administrator:
_Budget Department:
_Agency Manager:.
Finance Department:
Clerk of Board Admin.:
_ Input by:
B.A. No.:
JUN ! 0 ~997
EXECUTIVE SUMMARY
RECO~NDATION TO APPROVE THE PURCHASE OF A PROTECTED SELF-
iNSURED POLLUTION LIABILITY AND KEMEDIATION INSURANCE PROGRAM.
.(~ To seek approval from the Board to purchase a self-lnsured pollution liability and
remediation insurance program.
CONSIDERATIONS: Collier County Government is involved in various operations which pose
the threat ora pollution liability and clean up loss. These operations include the storage of fuels
and other pollutants in above and below ground tanks, landfills, transfer stations, fuel delivery,
utilities as well as the application and storage of pesticides and herbicides. One ofmost serious
exposures includes the release ot'contamlnants into the air such as chlorine or ammonia gas from
utility operations. For approximately I 8 months, the Risk Management Department has been
performing a review of the county's exposure to potential pollution losses. Currently, the county
purchases pollution liability insurance coverage on certain fuel tanks it operates, however, many
operations are not protected by pollution insurance. Most pollution losses are not covered under
the county's general liability, property, errors & omissions or other insurance policies. Thus, the
county is largely uncovered for this exposure and the damages associated with a single loss can
cost in the hundreds of thousands of dollars to defend or clean up.
The initial goal of this project was to identity and develop risk financing programs for all of the
storage tanks within county operations. However, as the project progressed it was determined
that a comprehensive approach to managing pollution related risk financing issues was needed due
to the diverse nature of county operations.
The Risk Management Department, in cooperation with the county's insurance broker, Insurance
and Risk Management Services, sought proposals for a comprehensive program to finance
potential pollution related losses. The pollution insurance market has a limited number of carders
willing to provide coverage. Three carriers were approached to provide quotations. Two carriers
responded. Only one carrier was willing to provide a comprehensive program of the type sought.
The other was only willing to provide coverage for storage tanks.
The recommended carrier is Reliance National Indemnity Company. Reliance is an A- rated
carder. The proposal provides remediation (clean up) coverage for 42 listed sites and also
provides third party liability coverage arising from injured third parties. The types of activities
insured include the storage of pollutants, underground and above ground storage tanks, landfills
(third party liability coverage only), transfer stations, fuel trucks, as well as the application of
herbicides and pesticides. Thus, this program is much broader than the purchase of tank coverage
alone. Another important issue involves coverage to the county for any contract work it performs
in providing clean up services as a contractor. This type ofwork has been done by Pollution
Control in the past and would be included in this program.
The limits, rctentlons, and associated costs ot'this coverage are as follows:
~Li. mits i~etentions I;2M/2M premium $2M/4M premium
$2,000,000 each loss $$0,000 $125,310 $128,530
or remediation expense $100,000 $109,650 $112,488
$2,000,000 all losses or $250,000 $ 93,200 $ 95,615
remediation expense $500,000 $ 74,560 $ 76,490
or
$4,000,000 all losses or Loss Control Fee: $350 per year
remediation expense
It is recommended that the county purchase limits of $2,000,000 with a S4,000,000 a&~resate. It
is also recommended that the county purchase coverase at a retention level ot'$100,O00 per loss
at a cost of Sl 12,488. A higher retention is not recommended due to the relatively small savings
($16,873) when compared to the increased financial exposure ($ I $0,000 per loss).
_GP, OV~I'H MANAGEM'ENT IMPACT: None.
FI~ The cost to purchase pollution insurance with limits ot'$2,000,000 per loss
and $4,000,000 for all losses with a $100,000 per loss retention would be $112,488 per year. The
policy term would run on a fiscal year basis and there[ore, the FY 97 cost would be approximately
$3B,000 assuming the policy began as ot'June I, 1997 and ended September 30, 1997. The full
cost orS112,488 would be due as of October 1,199'/for the FY 98 fiscal year.
Funds for this purchase would come from Fund $16 reserves and would not increase allocated
premiums in the FY 97 or FY 98 budget. Premiums would be allocated to operating departments
as part of the FY 99 budget instructions.
RECOM]V[ENDATION: It is recommended that the Board approve the purchase of'pollution
liability insuranc~ from Reliance National Indemnity Co. with limits ot' $2,000,000 per loss and
$4,000,000 for all losses with a $100,000 per loss retention at a cost ot' $112,488 per year.
PREPARED BY: (25z. y. '~?t d~'~-' DATE:
,I~ff~alker, ARIVl, Risk Management Director
REVIEW'ED Leo E: Ochs, Ir., gupPort~ces/Admlnlstrator
APPROVAL OF BUDGET AMENDMENTS
I~C AGENDA OF
County Water/Sewer Debt Service (410)
Budget Amendment 97-286
Operatln$ Exptnse
Res~'ves
Total
$10,000
Functs sue needed to pay for services rendered by Wilson, Millet, Barton & Peek for roll maintenance of non
· ,,zl~ ~, assessments.
County Water/Sewer Operating(408)
Budget Amendment 97-265
Collection - South County WWTP
Operating Expense
Capital Outlay
Total
Funds ~'e needed to provide fi:miture for fl~e collections wa~house. Funds we~ Included as a capit~! expm~ in
the Adopted budget. The fi~mimre has been quoted and it is all under $500 ~ unit. TI~IS request is to shit~ Funds
u~. the capital outlay c~tegory to ',.he opensting expense category.
AGENDA ITEM
No~
JUN 1 0
EXECUTIVE SUMMARY
RECOMMENDATION TO INCREASE AIRPORT AUTHORITY
REVENUE BUDGET AND FUEL PURCHASE EXPENSE BUDGET.
FUEL
~ 1) To increase the Marco fuel revenue budget by S50,000.00 and fuel purchase
expense budget by $40,000.00 for FY 96-97. 2) Increase the Immokalee fuel revenue budget by
$8,500.00 and fuel purchase expense budget by $8,000.00 for FY 96-97.
(~ONSIDERATION: The Authority budgeted $264,000.00 for Marco and $48,800.00 for
Immokalee fuel expenses. Due to higher than projected fuel rares, it is ~nticipated that the
Authority will run out of fuel prior to end of fiscal year and therefore the Authority request to
increase fuel purchase expenses from $264,000.00 to $304,000.00 (an increase of $40,000.00)
for Marco Airport and $48,800.00 to $56,800.00 (an increase of $8,000.00) for Immokalee
Regional Airport. The revenue to cover this increased expense would come from increased fuel
sales. The Authority is requesting to recognize an additional $50,000.00 in revenue this fiscal
year for Marco and additional $8,500.00 this fiscal year for Immokalee to cover the cost of the
additional fuel purchases. The remaining revenue will be recognized in the next FY 97-98 due to
inventory carry forward.
GROWTH MANAGI3MENT: None
F!$CAI4 IMPACT: 1) Increase expense budget Fund 495-192370-652410 from $264,000.00
~o $304,000.00 and revenue budget Fund 495-192370-344260 from $364,500.00 to $414,500.00.
2) Increase expense budget Fund 495-192330-652410 from $48,800.00 to $56,800.00 and
revenue budget Fund 495-192330-344240 from $66,000.00 to $74,500.00.
RECOMMI3NDATION: That the Board of County Commissioners approve - budget
amendment to increase revenue Fund 495-192370-344260 to $414,500.00 and Fund 495-
192330-344240 to $74,500.00 and expense Fund 495-192370-652410 to $304,000.00 and Fund
495-192330-652410 to $56,800.00.
PREPARED BY: t.~~
Neno J.
Collier Com~
'BUDGET AMENDMENT REQUES ~ ....
................. ,For Budget/Finance use on!y__
;. ............... . - · "'I~ 'T"
....... :. - ..........
----: ...................:B.~"" ..... t'------~-"
..... 1'" - -! ........... ~:P.H. i - ~oatT---i" '
~ .... ...:..- .... - ......... i'~'¢;'~cc!¥es No :
..... ~ --~ :
.,. ore,.,ared 5/13/9 , ..........
D~a r I" ......... ~--- - ~ I ..
1
"' " " ~92~o'~___
e'- ' 'lmm0kale~'Ai est Center No.
· Increese ~ Currenl .,k .......
I (Dec~e a~)q,---B-~' ' I Budget
IExpenditure ............. --1
"~~' Expenditure Title I :
.... Fuel & L.~,br cants-Out'side Ve'n'dors 8, :
~__?.~_~- ........... ~,. _~__-'. .... . .... ..
..... ~_. . __._L_ ........ 8.000.00
,
:os~i'~"~'~ii'~: ' '
Cost Center No.i__...___-----~
......... ~-- Proi,~N~.!"' "': ~---- ....
~ ---T- ..... _ ...... In. - Current "' ~e~'ei:l'-'
nd~ture . - ........... Budget
Code , 'lSxpenditure Title , . ..... ' (Decrease) I Budget I
-. -.._1~._ ~. ~
...... ..... : ............... ::7- ..... '
~ I , ......... Total
~ ..... ~ .................. : t J ..... "-"
,, . I __ ~- * ., -- ,,,.. 4 .......
- ~REVENUE BUDGET DETAIL .~. ......
Cost Center Title- 'lmmo--k~lee Airport Cost Ce'nt--e~r'No. .,. ~92'3~0
......... , P--reject N~ : 0 ' ~d~..:
Pro~ect Title - . ......... __~__ - .....
-- ' ..... ' ........ ! I~'~a~e ' cu~nt ..~L_-~ .
Revenue ! ......... '-:':1' ..... (Decrease) Budget ~ Budget
Code; ' Revenue :T~t e .
344240; -Ay Gas Fuel . -
..... ~- .... :':::"-: .... -~ ..... Tot.~ - '
.............. ~ .... -~ .......,,~oo.oot '.°°4 .....
.... --~-' ' _..~ ........ ? :::-"" ' · 4- , -'
AGENDA IT f,.Id
JUN 10 1997 :
EXPLANATION
WHY ARE FUNDS NEEDED?
Funds are needed to purch=~se additional fuel.
WHERE ARE FUNDS AVAILABLE?
Funds are from additional fuel sales.
Cost Center Director
Airport Authority
Chairman
Budget Department
U ' I O
Finance Department
Clerk of Board Admin
Date
AG£14DA
.o.
JUN 1 0 1997
!
......... j~-~ J~"l' A'~EHDMEHT REQUEST
- I ..... ~Ba~ .....
-.
.... "~ 'Ba~ '
Date Prepared 5/15~97 ~ -.~.. -
Fund Title - Ai~0~ Authori~ ~_ ~und N
i iEXPENSE BUDGET DETAIL ~ ,
C~t C~nl~r ~itle - , Mar~ Air~ Cost Cente~~
Project mitl~ ~ ..... ', ~_ ..~?J~.~~ ~--- '
Expend~tUr~ ~ .....
Obi C~e. :Expenditure Title
Cosi C~nter Title-
Exp. enditur.e ..~ '.
~bj Code
~,(~[t C~nt~r Title-
~e,~enue-
Obj Code
344260
- i Cost Ce-~r No. ~
Increase
(Decrease)
Expenditure Title
;Total
REVENUE BUDGET DETAIL
Marco Ex Airport
Cost Center No.
.... P.._roject NoI
Revenue Title
Jet A Fuel l
PI'oral
Increase Current Revised
(Decrease) Budget Budget
40,000.00 .. 2.64,000.00.
Revised
Currant
Budget ; Budget
414,500.00
192370'
0'
Increase ~' -'~"rre'r{i' '"-" Revised
(Decrease) '!' Budget : Budget
5o,ooo.oo, 3~.5~.oo
EXPLANATION
WHY ARE FUNDS NEEDED?
Funds are needed to purchase additional fuel.
WHERE ARE FUNDS AVAILABLE?
Funds are from additional fuel sales.
Cost Center Director
Airport Authority
Chairman
Budget Department
Finance Department
Clerk of Board Admin
AGENDA ITEM
JUN 10 1997,
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
.]IfNE 10, 1997
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
2. plstricts:
A. Fiddler's Creek Community Development District - ~anuary S, 1997.
B. Naples Heritage Community Development District - Proposal Opmmting Budget -
Fiscal Y~ar 1998.
EXECUTIVE S~!
BOARD DIRECTIVE TO PLACE SCRIVENER IDENTIFICATION ON APRIL
1, 1997 AGENDA ITEM 10(A) WORKSHEETS.
OBJECTIVE: To place scrivener identification on individual worksheets
made part of public record at the April 1, 1997 advertised public
meeting of the Board, Agenda Item 10(A).
CONSIDERATIONS: On April 1, 1997 the Board members individually
submitted worksheets for the discussion of Agenda Item 10(A). To
assist the reviews of the public record of this Agenda Item, the
worksheet documents may be made more informative if the names of the
individual commissioners are printed or affixed on their respective
worksheets
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECO~4MENDATION: The Board directs the placement of the individual
commissioner names on the co~responding worksheets of record for
Agenda Item 10(A), April 1, 1997 advertised public Board meeting.
Prepared by: David C. Weigel
Date: June 10, 1997
JUI 10
EXECUTIVE S~
FOR THE NEXT AVAILABLE ROUND OF OFFICE OF COM~UNXTY O~A~A~
POLICING SERVICES (COPS) FUNDING.
Q~~ 'To seek Board endorsement of the United States
Department of Justice, office Cou=~,unity Oriented Policing Services
(COPS), Grants Administration, Universal Hiring Program form.
QQ~jDERATIO~S~ On November 8, 1994, the Collier County Commission
agreed to be the local coordinating unit of government for the COPS
program.
On December 22, 1994, the Sheriff's office was notified that the
Sheriff's jurisdiction was eligible to hire up to nine officers
under the provision of the COPS AHEAD (Accelerated Hiring,
Education and Deployment) program. On February 14, 1995, the
Collier County commission approved an increase of six positions for
the United Stated Department of Justice three year COPS A/{EAD grant
program.
On June 30, 1995, the Collier County Sheriff's Office as a COPS
AHEAD recipient became eligible for COPS Universal Hiring Program
(COPS Universal) funding to hire additional officers to be devoted
to co~m~unity policing.
On August 15, 1995, the Commission approved an increase of 3
additional COPS positions for F/Y 1996, 6 additional positions for
F/Y 1997, and 9 additional positions for F/Y 1998. All positions
are included in the 1998 budget.
On October 10, 1996, the United States Department of Justice
approved the Collier County Sheriff's Office COPS Universal Hiring
grant application.
On November 26, 1996, the Board accepted the grant award.
The Board of County Commissioners need to endorse the Universal
Hiring Program form to receive the next available round of funding.
FISCAL IMPACT~ Ail COPS positions are included in the F/Y 1998
budget. The 1998 portion of the COPS Universal grant will be
$408,900 with a local match of $132,444.
G~OWT~ IMPACT, Ail subsequent year funding will be indicated as a
part of the Sheriff's Office annual budget subm~ssions. If the
grant funds are terminated or other grant funding is not available
at the end of the grant period, future payroll costs will either be
absorbed through vacancies arising due to normal attrition° or
approval for funding or reallocation of any positions will be
requested from the board.
RECC~TDATIONz That the Collier County Commission endorse the
Universal Hiring Program form in order to receive the next
available round of funding.
PREPARED BY~
APPROVED BYI
/' ' ' ' I ., / / ' /
t).l.~ ~(,1)~ ~ . ~ ~ · ,,. ~.. :.-./'
~~.I~'K. Kinzel, Finance Director
Don~H~ Sheriff
DATE, ~[ay 27. 19~7
jh/a:xscuhf
JUN'
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 33962
Telephone (AC 941) 774-4434
May 27, 1997
Timothy L. Hancock, Chairman
Board of County Commissioners
3301 East Tamiami Trail
Building F
Naples, Florida 34112
Re: Grant Program Funding
Dear Commissioner Hancock:
This letter is about continuing support of the COPS program after
the grant is terminated or the grant pro~ram ends.
The positions supported with the COPS grant funding will either be
absorbed through vacancies arising due to normal attrition, or a
budget amendment for funding or reallocation will be submitted to
the board.
.Do~ H~nter,
'She'r..i ~_f~~
jh/a:cubue
AGENDA
JU# 1 0
FILE NO.:
Date: _Ma!t 27. 1997
FroM:
To: office of the County Attorney, Attention: _~Th~omas Palmer.
_C~F~tal K. Xinu-el ,
Sheriff's Office
Re: Universal Hirinq Proqram
,., _Finance Director
{Title)
_Finance Division
BACKGROUND OF REQUEST/PROBLEK:
(~scri~ problm ~d give beckgro~fld l~or~acion - ~ 9Decifl¢, g~ciee. ~ a~i~l&tt).
The Chairman of the Board of County Commissioners needs to endorse the
Universal Hiring Program form for the Sheriff's office to receive funding for
additional law enforcment officers in the next available round of funding.
On November 26, 1996 the Board accepted the COPS Universal Hiring grant award
that contained positions to be included in the next round of COPS funding
(F/Y '98). Two Executive Summaries are attached regarding this matter.
THIS ITEM HAS/~_~ BEEN PREVIOUSLY SUBMITTED.
(If preViously mubmitted, provide County Attozx~a~*e Office file ziumbeF.J
ACTION REQUESTED ~
(Be ve~ Sl~ecific- Identify exactly w~ut ~.mu need in ~he wa~ of legal eervicee.)
Legal approval of request/form.
OTHE~ C~S:
C:
Don Hunter. Sheriff
~ C~l~u~A~l Officer.)
CC
I]00 I/trm~t Awm,e, iff/
IV, uA~,g~K D.C. 20~JO
Universal Hiring Program
May 13, 1997
Sheriff Don Hunter
Collier County
3301 Tamiami Trail E~t
Naples, FL 33962
FL01100
As a recipient ora COPS Univer~l Hiring Progrm~ (Ut~) grant, the COPS Office would llke to know
the number of additional law enforcement officers you would like to receive in the next available round of
funding. Future grant awm-ds will be based on thc information you provide in this document only, If
requesting a waiver of the local match, you must attach a detailed one page explanation of)our fm~nclnl
haxdship.
Please complete and return this form to the COPS Office. Unreturned, blank and/or incomplete forms
will be treated as though 0 officers have been requested.
Additional Officers Requested
~ull-tlm~ ~ W___~[ver Re~ue~tedl
9 _ Ycs
IlVlJ'ORTANT: Both signam~s must be originals. If you have ~y qu~fion~ plc~e call ~e ~p~ent
of ~ustice Res~nse Center at 1-800421-6770 or )out ~t advisot.
~w Enfo~ement Executive N~e
Date 5/28/97
~w ~fo~em~
Go~e~nt Ex~tl~N~ Ti~thy L. Hanc~k
D,t~ 6/10/97 _ .
Government Executive Title and Signature
Chairman, County Commission
Ofllce of Communit~ Oriented Policing Servlce~
Universal Hiring program Control Desk, 7th Floor
1100 Vermont Avenue, NW
Washington, DC :10530
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE A LEASE AGREEMENT BETWEEN COLLIER
COUNTY AND THE FLORIDA DEPARTMENT OF ,IUVENILE 3us'rxcE FOR THE
LEASE OF APPROXII~L~tTELY THREE ACRES OF PROPERTY LOCATED NORTH
OF THE COLLIER COUNTY JAIL AT THE GOVERNMENT COMPLEX FOR A
JUVENILE DETENTION FACILITY.
OBJECTIVE:
To approve the final draft of the lease agreement between Collier County and the Florida
Department of Juvenile Justice for a fifty year lease for a juvenile detention facility.
CONSIDERATIONS:
On November 26, 1996, Item 8B1, the Board of County Commissionet~ approved a lease
agreement between Collier County and Florida Depaxh~ient of/Iuvenile lustice for a lease of
property located behind the Collier County Jail for a juvenile detention facility. The Board also
approved a resolution finding that this propeW] was not needed for County purposes and
approved a joint use agreement
Since the previous approval, the legal description has been revised, but the acreage is the same.
With the new legal description, a joint use agreement for access is no longer needed.
The Board directed Staffto make the following changes to the proposed lease:
1. That at the termination of the fifty year lease,, the existing building will either be demolished
or turned over to the County at the County's discretion. This change has been added to the
attached lease.
2. That water, sewer and road relocation costs be bom by the State. With the new legal
description, the water, sewer and road will no longer be required to be relocated.
3. That the lease will be terminated if a DRI amendment is required. This provision is not
added because we have been informed by the Southwest Florida Regional Plannh~g Council
that a DRI amendment is not required.
FISCAL IMPACT:
The County will not be receiving rent for the lease of thc real property located behind the Collier
Cmmty Sail.
JUN ! 0 1,997
Executive Summary
Iuvcrdl¢ Justice Facility
Page 2
GROWTH MANAGEMENT IMPACT: lqone.
RECOMMENDATION:
That the Board of County Commissioners approve the attached lease between Colli~r County and
the Florida Department of Suvenile Justice and approve the attached resolution and authorize the
Chairman to execute the same.
Prepared by:
Heidi F. Ashton
Assistant County Attorney
Approved by:
I~avid C.~cisel /~
County Attorney
Dato
D~te
f:k,,~-miv~sumrn~m'~ni1¢ I~ndo~Fscili~
JUN
No. _m~ (
1 L1 1997
!
$
6
-/
9
10
li
12
RESOLUTION NO, 9? _
A RESOLUTION APPROVING THE LEASE BETWEEN COLLIER
COUNTY AND THE STATE OF FLORIDA, DEPARTMENT OF
JUVENILE JUSTICE FOR A JUVENILE DETENTION FACILITY
AND AUTHORIZING THE CHAIRMAN TO F. XECUTE TIlE SAME.
WHEREAS, the State of Florid~ Depulment of Juvenile Justice de~ires to lease certain
t 3 land upon which a Juvenile Detention Facility will bo constmct,~l~ and
14 WHEREAS, the lease shall be for & term of fifty ye. am with one fiftc,~.-n.ye~r
15 tcrm; and
16 WHEREAS, thc Board is satisfied that such property is rectuircd for · Juvenile Dctc~lion
t? Facility and is not needed for County purposes.
tS NOW, THEREFORE. BE IT RESOLVED BY THE
t9 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
BOARD OF COUNTY
:2o 1. The Board of County Commissioner~ do~ h~r~by find that the leased property is
21 required for a Juvenile Detention Facility and is not needed for County purposes.
22 2. The Board of County Commlssioncr~ docs approve the attached Lease Agr~.-~'ment
23 between Collier County and the State of Florlda, Department of Juvenile Justice.
24 3, The Chairman of the Board of County Commissioners of Collier County is he.by
25 authorized to execute the attached Lease
This Resolution adopted this day of .199'/after motion, second
and majority vote favoring same.
26
27
2~t
29
30
31
32
33
34
3'/
3[
39
40
41
42
43
44
47
48
ATTEST:
DWIGHT E. BROCK., Clerk
BOARD OF COLfNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:.
TIMOTHY L. HANCOCK, Chairman
Approved as to form and
legal sufEcicncy:
~'ei~li K ~a~h~'on -
Assistant County Attorney
f:~'oARt~ol ullee~O ~,'e~ il~ hn~ke
AGENDA IT[M
No. ;~' t,~_~.,,
JUN I 0 1997
pg. ~'"~-'~
§-28-97 ; 8:05 ; KP:S&H.~ 1~4[1 / 8
Tills L£ASE is mmd~ ~nd ~nt~e:d into
COU~Y, · ~d~t su~vtslOn, h~n
In ~{~ or the n~mM ~v~
ARTICLE 1. DEM%,%'~ OF I .F..ASED LAND
1.1 I.F_.SSOR for ~! in cons;dm-at;on of t~c rm~tg, oovta'mntss and conditions herein tontalned to
he kept, p~rt'omlzsd mhd ub-,,r~.ed by I ~_e, SL:~I~. do~l [caa~ and dct~ to LF.~'sSF~ &fid L~ d~ ~t ~d ~t
from I~SOR. the ~ pt~y. mfc~ ~ ~ '~ ~d' ~ [~ ~b;t 'A'. al~ ~ ~d
~co~t~ hc~n by
1.2 ~R hereby r~pre,ue~ts znd W~rllntS that I..E..'~OR is
of thc ,J~ providing f~ slmpl~ title ~ the ~R is a~, tt~
1.3 LESSOR covenants tnd agrege teat I.BSS~u"~, on k~ ~ ~, ~d;G~ ~ ~
of al)ia ~ ~ L~S~'S ~ tn ~ ~t or pe~O~, ~1 hw~lJy ~ ~l~y ~ld, ~ ~d ~joy ~o
~ ~fld du~ng ~ term o~ ~is ~ wi~otlt hlnd~ or ~!~ ~ I~R ~ ~y p~ clalm{n~
und~ ~SOR.
ARTICL~ 2. LEA~'E TKRJ~
2. I This l.e.~s~ s~,J! be for a Icrm of Fifty (50) ye.a~, hta~.-inmft~ mfcrmd m Lq 'Lea~ Term.'
Said Lc&sc shzl[ cornmr..nc~ on the d&y nf thc lut ft-tnd I~g%l.lJHm af th;n Lz'.lte~. Additionally, ~o ~OR a~
to offer thc ~S~ ~c dght ~ ~ th;g ~ f~ ~ ~[llon~l ~fl~ (l~ ~ ~ st ~ ~ of~c a~
~01 Tamlami T~I ~t. Adm~ut~fion DId~.. Na~l~. ~ 33~2. ~1 of ~ ~ ~ ~ndltl~a
2.2 if ! ~-qSldH sh.xl! hold over ~ the ox~r~Lioe of tee ~ Te~m, such t~nancy shall I~ from
month to month m~dcr all of thc term% cove..Im~ta ~ ~ondlL~orm of thl~ ~ sinCe;ct, bogeyer, to L,F. SSOR'i right
to s~k Icgal rr. Jie~' to c~oct L.T~<~SEI2 from t~e Lcaaed
ARTICLE 3.
3.1 LE.esSOR shall trake available mera~r and ~b ~ ~ ~ ~ ~d ~ ~,
~E ~ ~y ~ di~e u ~ ~ duc. ~tly ~ ~f~ ~~. ~ ~ly ut;H~ ~,
~ by ~c l~_~ ~ li~s for ]~mvem~ ~ by ~ ~GE ~ ~f~I~ ~i~ f~ m~hiQ~
AGENDA ITEM,
No.
JUN 1 U 997
5-28-g7 ; 8:06 : k'PS&H- 194177¢0225:# 3! 8
S~T BY:
to or bc~'omin; · llcfl on tho ;.tcrcst of th= Lt~SOR in the DcmLqed Pr~.mi~ m any pta of c;the~. Thh not;ce
i~ given, purs~p, rtt to the ptovi~ioaa of and in compli.ce with Section 713.10, l~orich -qtatute8.
ARTICLE d. ~ OF FREMISES
4.1 I.EGSEI~ ab.Ill haw the rlsht to u~e thc Leased Laud only for tbe purposes
r~fcrr.~:xxl homln. It is undcrsto~xi &nd s~-~d that the primary imrpr~e of ~EE for tl~ u~ of the ~ Lm~d
i'. ~e con. str~c~on ~ operntlcm of a juvcn;lcjtmdco
4.2 ~ propcrty shall be ~ by thc LF.F, SEE solely as · Icx~tlon for juvenile ju~m facility
acdvltl.-,- directly rchuxl and [ncidc~ta! tlmrcto purm~nt to the provlakms conttL'~l in Cbs.pict 39 (as
-utr~qu~'nt. ly ctmctcd) of thc Florida St~tutcs, which servicea sba.Il bo pmvldcd by .LESSEE ill..If or through an
[nt~r~t~cy Agmcmcnt with anntht:r pwvide~-.
4.3 Thc pta~, spec[f3c·tiocm and 1ou[lding dc~dgn for
thc lc.~ec~ Itad
4.5 I.EgSEE, mt ;t~ nwn cxpcn~c, agree, tn eonuort to ~blc wz~ ~d ~ l~ ~ ~ ~
and ~ for ~e pmvisi~ oF all ~g inf~st~c~ ~ ~i~ ~ ~ ~d. ~1 i~~ ~ t~
edditi~. L~SEE s~ll ~ ~nsible for the ~s~ of m~iring ~y ~ ~ ~OR'S ~s, ~ and ~
~iliti~ or n~cr ~f~ctum 1~ wi~n or 0u~da the l~a~ ~ ~ltlng from ~astm~ or t~ ~
I~S~. i~ ~gcn~. o~m or c~lo~.
4.6 ma thc cvcst{ Y,-gS£E ~11 coaae muse thc ~ La~d for the pu~ dcacn'hcd in Sectlon
4. I ·~:~ve. ;u'~d roch ¢~tlon of t~o shall continue for a pe~od of Th;try (30) da)u, t~m ~, ~t the op~ic~ of thc
LESSOR, upo~ Thirty (30) days writt~ rtotlc~ to th~ L.ESSF. F., shall be termi.n~cd stol LESS;[~ el~ll surmndcr
ami v;~cat~ thc pmmls~s to thc I,F_.SSOR with Thirt~y (30) day~ al"tm' not. icc of _~_~c_~_ fe~ln~natlmg
ARTICLE 5. ENCUMBRANCE OF LEASEHOLD ESTATE
5. I LE~SL:"E shall not mc'umber, by mort~t~ or othcr securlty Imstrume~t, or by way of
· ,,ignme~t, or othc. rw;~e, LESSOR'a or LESSPl~-'st ;ntcrest un~r th;s Lca~ nnd the leasehold rotate l~.by c~ted
for thy purl~r~ without tho cot~.nt of L,FL%gOR, which ~t may be withheld in the a~olut~ di~.tttion of fha
1. F_S.g OR.
ARTICLE 6. REPAIRS AND RESTORATION
6.1 m .F. gRP_~, throughout Iha term ot' th;s Leeme, at isa own cost, and without any c~p,m~ Isa thc
LE~;SOR, shall keep am[ ma;ntain thc Lear. ed L~nd, {ncludin~ any bu;ldin~s and improvements thee'eon, in good.
sanitary and n~t order, condition and gpa.ir. Such mtlnt~nance and tt~ir shall lncl,_,dc,_, but not Ix: limited to,
painting, ja~;torlal, fiXhtrc~ and appurtenances (lighting, he,ting, plumbing, s.nd air conditioning), landmcaping nf
AGENDA ITFM
No. _
JLIN 10 1 97
5-28-S7 ; 8:07 ; I(PS&H-. lS4t7740225;# q/ 8
· S--~T BY:
imm~l[Itr..ly adjacent to L~c s~c tx,;Id;n~ nad impmvementa e, ommonly kltown m a Ju~]~m Facil;~
a~. ~h ~r ~ aim incl~ l~tctu~l
~ ~ ~Y ~t~lty ~umMc ~d~ the
~C~ (~ %) ~ ~ of tho
~OR.
~d. ~y ~ which ~y ~lt
nh~l not ~mm~t ~ ~ to
6.3 ~ ~hall
insu~ ~llcy up ~ ~h¢ ulat~ li~t for
C~pter 768, ~a~ ~t~ foe
~ ~v~e for ~y impmv~
~mpl~ion o~ any impm~tn or st~ctu~ Fi~
6.4 In m'L~r to pmvic~ fo~ thc: mom orderly
over m wi~in ~io~ of ~id ~te. ~SOR ~11,
n~ or ~ui~ ~ ~y ~v~ a~m~, public
6.5 ~E~ will ~o all
ex~y s~ h~in. ~s ~e .~ll ~ null ~ v~d.
6.6 '1~ {~-~ [sa ~a~ s~
~ ~g~ ~ ~ ~s]blc ~or its own ~gli~t
~aJn~ ~ I K~R. Pmv;d~. how~, n~g
A~ingly, L~SOR ~n~l~gm ~d ~
or m~i~ ~. ~t ~ ~6~.~(lg}, Fl~dds ~l~ (1~
lisbillty in this ~nt wi~ ~ I~SOR.
KPS&H. 1941774022S:# 5/ 8
5-2B-97 : 8:07
~r a~ll~t
to ~ lia~]~ for
of t~ I.~SOR.
6.7
~unt ~t
~i6m ~o ~d pu{ici~ for
~c ~Icly by thc ~S~E ~d ~OR
ARTICLE; 7. ME:CHANIC'S LIE. IN'~
7.1 I_.I~.SSEE ~hall Ix: r~nsibl¢ for li~ fit~ ~nin~ ~e ~ I~t ~ attri~bte to the
~nt~xt of thc ~SEE. i~ agars or assign.
ARTICLE 8. ASSTGNMF..NT AND SUBLEASE
8.1 LESSEE ahall havu ~o H~t ~ ~i~, ~ or ~f~ ~gEE's
tho I~old ~ c~ ~y.
ARTICI~ 10. TEILMIN&TION AND ~'URRr~DER
AGENDA ITEM.
JUN I 0 1997
· ~T BY:
8:08
~p~t, build~ngm, m~gnm and fixtu~ ~ in, on or ~md~ ~e ~ ~d ~p~ by
pmvi~. ~owc~r. at ~c t~ of t~m ~ Ag~L ~R m~l ~ ~e option of ~th~
~SEE ~ demolish ~nd ~vc ~1 ~m~ ~e ~ ~ ~ the ~ ~d u~n ~EE'R
~e pro~ of t~o LF.~OR upon I~'S v~atJoa of ~ ~ ~d.
t~e ~vclop~t of Rcglunal ha~t ~R~ Ih~ld, ~;s ~ ~1 ~m.te ~a mc ~ ........
ARTICLE 1 I. GENERA1o PROVISIONS
11.1 In complia, nco with $~te L~latgre, Soct~o~ ~.~02, FIo~ S~, the S~to of
~oH~'s ~rror~ ~d ohtigs~on ~ pny u~ct t~a c~t~ J. ~nt[ng~t ~ ~n~l appmpd~G~ by
~gisl~tur~.
t 1.2 All of ~c prov;~o~ of ~ ~ s~! ~ d~m~ ~ ~mn;~g w~th ~o ~d and
to ~ "~ndhlo~' ~ wet1 as '~v~' ~ ~ou~ ~e wo~ s~olly exp~slag or hn~lag ~v~tn ~d
condldo~ w~ u~ in ~h ~t~ ptovlsi~.
11.3 No f~lum by eh~r ~SOR or ~S~ ~ insist u~n ~ st~ct ~ffo~ ~Y the o~
of ~y ~v~t, agr~t, ~rm or cundi~on of ~ ~ or ~ zzc~ ~y tiger or ~y con~u~t u~
a h~ ~mf shM1 ~nathute n ~vet of any ~ b~h or of s~ch covert, a~t, ~ or cond~tlon.
No wa~v~f of ~y ~ ~[ ~ff~t of ~tcf ~;g ~. ~t ~ ~d u~ ~t. ~ndh;~. agent d term
of ~;~ I~ ~,]1 ~ntinu~ in full fo~ ~d eff~t w;th ~t to a~y o~ ~ exlet~; or ~b~umt b~ch.
i 1.4 'l~me in d~l~r~ to ~ of ~n ~ of ~s I~ ~d of~h pm~on.
11.5 't~;s ~ ~n~ns the ~Gm ag~n~t of ~o ~1~ wi~ ~t ~ ~ ~ttem ~vc~
by this ~ and no other aE~. ~t or pm~ ~ ~Y ~Y~ or to ~y employs, a~r oe
of ~y pa~y. which is not ~[n~ in ~l ~ ~1~1 ~ b~nd~n~ ot v~id.
..... c;-- ~nd a-~t or of pa~n~p or oljomt ~1~ of ox ~y
p~n to c~ ~e ~l~tion~p o~ pfln ~
~ I~OR a~ ~, ~nd no pmv;a;~ ~nf~ in this ~, ~r ~y ~ of the ~
worker's cou~tion, un~ploy~t ~m~, in~, ~I~. w~ or o~ ~plo~
p~log~ 8~nt~ by ~e n~G~ of law ~ ~ ~R ~ i~ o~ ~ ~Io~.
1 ~ .2 ~s I~ sh~ll ~ ~ ~ ~d ~ ~ to the ~ of the ~ of
11.8 A~icl~, sub~fi~ ~d o~ ~t[~ ~t~n~ ~ ~is I~ ~ f~ ~r~ pu~
~y ~
AGF. NDAITI~M
No. /~ ¢~'¥~)
JUN 10 1997
1~¢1774022~:# ?! 8
Notice to the t~:S~OR shall be uddrened
Nnt;c~ to the ~E .hnll I~ sdd~ssed to:
2737 Cmtervicw
Knight Bo;IdahO, S~ite 304
Ttll~hassee. ~or~a 323~9-3100
AItTICL,K 12: RADON GAX
12.1 Iff compl;ance wit~ .Se~t~ 404.0~6, Pim"~a .%~tutea, ~1 ~;m ~ b~ ~ l~m of
)u~claflt q~i~, ~y p~t ~ Hsb tO ~ who ~ cX~ to it O~ ~ ~eJl of ~ thzt
r~ ~ting ~y ~ ob~in~ ~m ~ur C~ty ~blle Hmlth ~1L
IN ~ WH~F. tho ~= ~ ha~ ~ ~r h~ ~ ~b ~ ~ ~ ~d ~ a~ ti~t
C~'rk of Courts
I.F, SSOR: BOARD OF COU1~'TY CO~ON~S,
COLJ.]ER COUNTY. FLORIDA
T~mothy }bmcock. C~
API~ aa to Form and ~ga]
S~fficinncy:
David 9,'ciB~l,
Co~mty A~om~y
AGENDA ITEM
JUi'l 1 u.lCJ97,
5-28-~7 ;
~: ~'rA'TIt OP i"1.ORIDA,
DEI')Jt~ OIm .IUVENIt.E JU'STIC~
WOOl)ROW W. ~
D~PUTY SlJC'JUITAItY
STATE OF FLORIDA
COUN'TY Of*
Sut,,crlbcd ,Ad ,w~m ~o befor~ ~ by Wu,Alnnv W. Harpe~ as Deputy Sec~ao' of the Stt~ of Florida,
r)q~n~t of {tw, mUo Ju~t{ce, who Is {)e~0onaJly known to me or
a,, idcnt~fictt~u s.,xi who did/did ,~ take an
WIT~ n,y hand and o~cial ~ thls .-~ dq, of
Nott.-y Public
(~"fix notar;at se.l)
Ih-Tut Ntm~:
THIS {NSTR~f PREPARED BY:
K^T}tI..I3t31"{ C. PASSIDO,'ViO.
2640 Oold~
Naplo~, ~odda 34105
(941)
AGEN DA ITEM
,0. to- (~¥,1
JUN 1 0 1997
pl. lb .-
LAND DESCRII"rlON OF PAll. CEL 'A~'_
ALL THAT ?ART OF A PARCEL OF,LAlgD LYING IN SECTION 12, TOWNSHIP ~0
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MOI~
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORIgEIt. OF SAID SECTION 12; TI-IENCE
ALONG THE WESTERLY LINE OF SAID SECTION 12, NOB.TH O0° I 8'50" WEST 2162.7I~
FEEYr; THENCE LF..AVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH
89o41'10' EAST 654,12 FEET TO A SOUTHWESTERLY COILICER OF THOSB LANDS AS
DBSCRIBED IN OFFICIAL IU~CORD BOOK 994, AT PAGE 234; THENCE ALONG THE
SOUTItERLY LINE OF SAID LANDS NORTIt 8?°07'17" EAST 41,92 FEET TO THE I, OINT
OF BEGINNING OF THE PARCEL I-LERBIN BEING DESCRJBED;
THENCE CONTINUE ALONG SAID SOUTHEILLY LINE OF SAID LANDS NORTH
87o07'17' EAST 132,16 FEET;
· FIIENCE LEAVING SAID SOUTHERLY L1NB OF SAID LAHDS NORTH 42'11'51" EAST
182.69 FEET;
THENCE NORTIt 89°41'10' EAST 252,05 FEET TO THE BEGINNING OF A CIRCULAte,
CURVE CONCAVE NORTHWF. STEI1L¥ AlqD HAVING A RADIUS OF I B,00 FEET;
THENCE EASTEICLY, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY
ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF
123°$?05' AN ARC DISTANCE OF 28,12 FEET TO A POINT OF TANGENCY;
THENCE NORTH 34° I $'55" WF. ST 59.23 FEET TO THE BEGINNING OF A CIRCULAR
CURVE CONCAVE SOUTItWESTERLY AND HAVING A RADIUS OF 1 l?,00 FEET;
THENCE NORTHW 'F. STERLY AND WESTERI.Y ALONG THE ARC OF SAID CIRCULAR
CURVE TItROUGH A CENTRAL ANGLE OF 56~0B'00" AN ARC DISTANCE OF 114,46
FEET TO A POINT OF TANGENCY;
THENCE SOUTtl 89°41'0~" WE~T 288,26 FEET TO THE BEGINNING OF A CIRCUI.,AR
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF I03,00 FEET;
.' - Ti-IENCB WF_.STEI1.LY, SOUTHWESTERLY AND .c:ou'rHERI-Y ALONG THE AICC: OF
SAID C1KCULAR CURVE THROUGH A CENTRAL ANGLII OF 91'0715' AN AII, C
DISTANCE OF 163,$1 FEET TO A POINT OF TANGENCY;
TIIENCB SOUTH 01'26'10" EAST 156.64 FE~'I' TO TI-IE POINT OF BEGINNING OF THE
pARC 'FL HEREIN DESCRIBED;
EXHIBIT
E~C~IVESUMM~Y
RECOMMENDATION FOR BOARD TO ACCEPT NEGOTIATED SETTLEMENT
OF CLAIM OF BOCA PALMS OF NAPLES ASSOCIATION, INC., AND
AUTHORIZE PAYMENT AND SETTLEMENT DOCIYME~,
That the Board of County Conunissioners, authorize payment to the Boca Palms of Naples
Association, Inc. (hereinafter "Boca Palms") the sum of Eighteen thousand Dollars and 00/100
($18,000.00) in full satisfaction of all costs and damages eananating from a claim filed by Boca
Palms against Collier County for damage allegedly caused to Boca Palms property.
CONSIDERATIONS:
On March 2, 1997, Boca Palms filed a Notice of Claim with the Florida Department of Insurance
as required by Florida law. In the Notice of Claim the legal rt'presentative for Boca Palms
alleged negligence by Collier County in r~gard to the County's ptuported obligation to maintain a
drainage easement which circumscribes the Boca Palms development The sum and substance of
the claimants' complaint states that the County failed to pwperly maintain tho drainage easement
and that this negligent maintenance caused an overgrowth of vegetation which subsequently
damaged the stucco wall which surrounds the development. The demand by Boca Palms to
resolve the matter was at that time $31,596.31, plus attorney's fees incurr~
Negotiations n:lativ¢ to this matter have ensued between the legal r~presentative of Boca Palms,
thc Collier County Attorney's office and the ColHer County Risk Management Depax:ment At
this point in timc Boca Palms has agreed to resolve their claim for the stun of $18,000.00. It is
the position of the County Attorney's office, with the concurrence of Risk Management, that this
offer of settlement be accepted.
FISCAL IMPACT:
The cost of the satisfaction of all claims would be $18,000.00. Payment for this settlement
would be obtained fi'om the County's Property and Casualty Fund. (Fund $16-121650-645920).
GROWTIt MANAGEMENT IMPACT:
Nolle.
RECOMMENDATION:
That thc Boa~d of County Commissioner~ accept the negotiated settlcment, authorizin~ thc
payment of Eighteen thousand Dollar~ and 00/100 to the Boca Palmm ofNaple~ A~ociafion, Inc.
and authorize the Chairman to execute any documenL~ approved by the County Attorney to
achieve closur~ of thc mattcr.
Prepared by:
Lawrence S. Pivacck
Assistant County Attorney
Reviewed by:
David C. Weigel ~'
County Attorney
~ffV?alker, Director
Risk Management
Date
~ -,?-q7
Date
Dato- -
· h:I.~-r,~lis:~oc~ P~lrm. Ex Sum
2
AGENDA ITEM,
t~o._t~~)
JU~ I 0 1997