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Agenda 02/10/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 10, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 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 THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TiME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 February 10, 2004 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Shuck, Faith Community Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 7, 2004 - BCCILDC Special C. January 13, 2004- BCC Regular D. January 21, 2004 - District 3 Town Hall Meeting SERVICE AWARDS PROCLAMATIONS A. Proclamation to designate the week of February 22-28, 2004 as "Right-to- Know Act." To be accepted by Dan Summers, Director of Collier County Emergency Management. B. Proclamation to declare the month of February as Retinoblastoma Awareness Month. To be accepted by Pam Bergsma. Proclamation to designate the week of February 16-22, 2004 as "Collier County Surveyors Week." To be accepted by David J. Hyatt, P.S.M., Project Manager, Wilson Miller. D. Proclamation to designate February 14, 2004 as a day of love, marriage and family. To be accepted by Buddy and Jane Kington. PRESENTATIONS A. Presentation of contribution from US Home Corporation to the Habitat for Humanity of Collier County. B. Adopt-A-Road "Sponsors of the Year" Presentation. PUBLIC PETITIONS A. Public Petition request by Mr. John F. Weir to discuss Heron Cove name approval letter. 2 February 10, 2004 7. BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4583, Beth Kosmerl and Stuart Kaye representing Kaye Homes Inc., requesting Conditional Use 9 of the Estates Zoning District to continue the existing land use as a model home and sales center on 2.85+ acres located at 910 39t' Street SW, in Section 14, Township 49 south, Range 26 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4995, Mr. Bob Duane of Hole Montes Inc., representing Christ Community Lutheran School, requests Conditional Use #10 of the Rural Agricultural District (A) Zoning District for the purpose of a private elementary/middle school. The property to be considered for the conditional use is located at 14785 Collier Boulevard (CR 951), in Section 34, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 9.38 acres. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4799, Edward B. Hane, representing American Dream Builders, Inc., requests Conditional Use ~J of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the conditional use is located at 4050 13th Avenue SW being located at the southwest corner of 13~ Avenue SW and Collier Boulevard (CR 951), which is Unit 26, Tract 119, Golden Gate Estates, in Section 15, Township 49 south, Range 26 east, Collier County, Florida. This property consists of 5 acres. 8. ADVERTISED PUBLIC HEARINGS Request the Board approve an Ordinance to prohibit fishing on designated bridges within Collier County, which Ordinance also (1) directs the County Manager to post appropriate signage; (2) authorizes the County Manager to determine those other County bridges upon which fishing ought to be prohibited; (3) provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be interpreted consisted with F.S. 316.1305, fishing from state road bridges; (5) repeals and supersedes Resolution No. 2002-204, which established a fishing prohibition from Bridge No. 030210; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date. This item being continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3411, Robert J. Mulhere, AICP, of RWA, Inc., representing the applicants, Carl M. Nagel, Managing Partner of CDN Properties LLC, and Thomas Craig, Craig Construction and Restoration, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development for a project to be known as Nagel-Craig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in buildings not to exceed 42 feet in height for 37.5+ acres of property located on the west side of Collier Boulevard (CR-951) approximately ¥, mile north of Vanderbilt Beach Road, in Section 34, Township 48 south, Range 26 east, Collier County, Florida. 3 February 10, 2004 This item to be heard at 1:00 p.m. This item requires that ail participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc., and Richard D. Yovanovich, Esquire, of Goodlette Coleman and Johnson, representing Eco Venture Wiggins Pass Ltd., requesting to rezone a 10.45 acre parcel from C-4 to a residential planned unit development to be known as "Coconilla" PUD to allow for: A maximum of 95 residential units on +1- 10.02 acres of developable area for a resulting density of 9.5 dwelling units per acre, specifically including a residential tower at a building height not to exceed 21 stories over parking (maximum of 225 feet above the required flood elevation and in accordance with the provisions of Section 2.6.3.1 of the Collier County LDC), town home units, and a marina basin with 52 boat slips and customary accessory uses, including a publicly accessible ship's store and marine fueling station of approximately 5000 square feet of commercial space; and a +1- 0.80 acre public use tract providing for additional public vehicle and boat trailer parking to provide: support for Cocohatchee River Park, access to the marina ship's store, and egress to Vanderbilt Drive for park patrons to allow for safe egress via a protected northbound turning movement at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive for property located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road in Section 17, Township 48 south, Range 25 east. This item to be heard at 11:00 a.m. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended) providing for the adoption of a General Government Building Impact Fee with a delayed effective date of March 1, 2004. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Code Enforcement Board. B. Appointment of members to the Parks and Recreation Advisory Board. C. Appointment of member to the Immokalee Beautification MSTU Advisory Committee. D. Appointment of member to the Revenue Commission. E. Discussion regarding agenda protocol. (Commissioner Henning) 4 February 10, 2004 10. COUNTY MANAGER'S REPORT A. Award Bid #04-3617 for evacuation shelter supplies and equipment to Pro-Pac Inc., and approve a budget amendment in the amount of $250,000. (Dan Summers, Director, Emergency Management) Approve Change Order #10, Amendment Four, Contract ~98-2829, in the amount of $4,635,152 for the construction of the third floor build-out and the chiller plant expansion of the Naples Jail Addition to Kraft Construction. (Len Price, Administrator, Administrative Services) For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to partner with them in the development of a master plan at a cost of one-half of the total cost of the master plan at an amount not to exceed $40,000. (Norman Feder, Administrator, Transportation Services) To review a request to forgive a loan payment from the Collier County Fair Board in the amount of $38,687. (John Dunnuck, Administrator, Public Services). 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY Approve a resolution terminating for convenience a grant to the Airport Authority from the Economic Development Administration for improvements to the Immokalee Airport Infrastructure (Project 33327 in Fund 496). Be Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and. returning net adjustment to General Fund. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 5 February 10, 2004 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. \ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) A Resolution by the Board of County Commissioners of Collier County, Florida, authorizing acceptance of the Fiscal Year 2003-2004 State of Florida Office on Homelessness Challenge Grant Award, approving execution of Challenge Grant Award, approving execution of Challenge Grant Sub-Recipient Agreement(s) by the County Manager or the Community Development and Environmental Services (CDES) Division Administrator, authorizing acceptance of the Grant Agreement from the Department of Children and Families, and providing for an effective date. 2) Approve a budget amendment recognizing the Fiscal Year 2003-2004 State Challenge Grant Award in the amount of $82,500 to be passed through 100% to the Collier County Hunger and Homeless Coalition. 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Indigo Lakes Unit Two." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Indigo Lakes Unit Four." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 5) Request to grant final approval of the roadway (private), drainage, water and sewer improve, ments for the final plat of "Naples Lakes Country Club Unit Two." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 6) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Brynwood Preserve." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. ?) Request to approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Two," and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 6 February 10, 2004 8) Petition AVESMT2002-AR3244 to disclaim, renounce and vacate the County's and the Public's interest in ail of the conservation easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida, and to accept a relocation conservation easement, located in Section 17, Township 51 south, Range 27 east. B. TRANSPORTATION SERVICES 1) Board to waive the recovery of relocation expenses of $6666.67, resulting from the negotiated resignation of Mr. Michael A. Etelamaki, P.E., releasing any Hght the County may have in reclaiming said relocation expenses, finding that payment of relocation expenses, in this case, is in the best interest of the County. 2) Approve the purchase of 3.185 acres of land of which .77t acres are required for road right-of-way and drainage easements for the Vanderbilt Beach Road Expansion Project. Project No. 63051 (fiscal impact $336,300.00). 3) Board approval of Adopt-A-Road Program agreements at the Board of County Commissioners Meeting on February 10, 2004. 4) Approve the Interlocal Agreement between Collier County and the City of Naples to implement construction inspection and protection procedures during the Golden Gate Parkway Construction Project for the City's 36- inch water main supplying drinking water to over 80% of the City's residents. (Project No. 60027.) 5) Approve selection committee ranking of firms for contract negotiations for RFP 04-3588 "Fixed Term Material Testing Services" (estimated dollar amount of contract not to exceed $500,000 annually per firm). 6) Request the Board approve a resolution approving a local agency program agreement with the State of Florida Department of Transportation, for the design and constrdction of sidewalks and bicycle lanes in Everglades City, and authorizing its execution ($208,180). 7) Approve a resolution to allow the Chairman of the Board of County Commissioners to enter into a Local Agency Agreement (LAP) with the Florida Department of Transportation (FDOT) to provide for roadway lighting along US 41-North Tamiami Trail from Myrtle Road to Pine Ridge Road at a cost of approximately $400,000. 8) Approve a request from the Collier County Metropolitan Planning Organization to contribute $300 to the Florida Metropolitan Planning Organization Advisory Council for Legislative Advocacy Activities, fiscal impact $300. 7 · February 10, 2004 C. PUBLIC UTILITIES 1) Approval of an interlocal agreement between the City of Marco Island and Collier County, Florida for provision by the City for wastewater collection and treatment services to the Calusa Island Village Development. 2) Recommendation to increase Contract #4)2-3319 for SCWRF berm maintenance to J. P.'s Lawn Care, Inc., to the approximate annual amount of $50,160. 3) Approve right-of-way consent agreement and associated memorandum with Florida Power and Light Company permitting the construction of raw water transmission mains and associated electrical lines within Florida Power and Light Company power-line right-of-way between the South County Regional Water Treatment Plant (SCRWTP) and Rattlesnake Hammock Road (SCRWTP Wellfield Expansion, Project Number 70892). Transaction cost should not exceed $50.00. PUBLIC SERVICES 1) Approve a budget amendment recognizing $1520 in revenue from private contributions, and appropriating funds for the purchase of sailboats for the Collier County Sailing Center. E. ADMINISTRATIVE SERVICES 1) Amend County purchasing policy to establish a comprehensive vendor debarment and suspension policy. 2) Report and ratify staff approved change orders and changes to work orders to Board approved contracts. 3) Approve resolution to amend County purchasing policy regarding the retention of expert witnesses and consultants to aid in on-going litigation. 4) Recommendation to accept staff's short list for architectural services for the new Sheriff's Special Operations Facility ITN #03-3550. F. COUNTY MANAGER 1) Recommendation to award Bid No. 04-3604, a power catamaran boat in the amount of $43,713.50 to Twin Vee, Inc. 2) Approval of a Budget Amendment Report - BA#04-121 in the amount of $3,626 to outfit new donated fireboat with a pump for firefighting purposes. 3) Board approval of distribution of the Five Cents and Six Cents Local Option Gas Taxes based on the actual transportation expenses incurred during the period from FY98 through FY02. 8 February 10, 2004 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County M;?ager's Office, W. Harmon Turner Building, 3301 East Tamiami Trail,2"~ Floor, Naples, FL. 2) To accept the background information provided to the Clerk of the Circuit Court for a fortuneteller permit and to provide the permit as submitted by the County Manager's Office. K. COUNTY ATTORNEY 1) Approve agreed orders and authorize payment of planning fees for Parcels 195, 197, 218, 181,184, 198, 201,202, 211A, 214, 174, 170 and 172 in the Immokalee Road Project (Wilson to Collier Boulevard #60018). 2) Approve agreed orders and authorize the payment of appraisal fees in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159- CA (Immokalee Road Project ~60018). 3) Approve agreed order and authorize the payment of planning fees in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211- CA (Immokalee Road Project #60018). 4) Request by the Collier County Educational Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds~ to be used to finance educational facilities for International College and to refund currently outstanding bonds previously issued by the AuthOrity. 5) Approve the stipulated final judgment relative to the acquisition of Parcel 117 in the lawsuit styled Collier County v. The Orchards Community Assoc., Inc., et al, Case No. 02-1635-CA (Livingston Road Project #62071 ). 9 February 10, 2004 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; :3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASlJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item continued from the January 27, 2004 BCC meeting. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. Petition AVPLAT2003-ARS000 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the drainage easement located on Tract "F", according to the plat of~ "Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida, located in Section 5, Township 49 south, Range 26 east. Request Board to repeal Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit (M.S.T.U.). 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 10 February 10, 2004 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 10, 2004 Item 7C (correction to aqenda index only) should have read' CU-2003-AR-4799, Edward B. Hanf (rather than Hane). (Staff request.) Add Item 9F: Appointment of member to the Collier County Coastal Advisory Committee. (Staff request.) Item 10D continued indefinitely: To review a request to forgive a loan payment from the Collier County Fair Board in the amount of $38,687. (Staff request.) Add Item 13A: This item to be heard immediately following 813: Approval of Interlocal Agreement for Election Services for the City of Naples special election February 17, 2004. (Supervisor of Elections.) Clarification of Item 16E2: The purchasing policy allows changes to work orders issued on non-CCNA contracts up to $100K or up to 10% of the original work order amount, whichever is more. There is a typo in the last line of the first paragraph under "Considerations". It should read, "not greater than 10% or $100,000", not $10,000. (Staff request.) Move Item 16E3 to 10E: Approve resolution to amend County Purchasing Policy regarding the retention of expert witnesses and consultants to aid in on-going litigation. (Commissioner Coyle request.) Item 16F1: Continued to the February 24, 2004 BCC meetir~?: Recommendation to award Bid No. 04-3604, a power catamaran boat in the amount of $43,713.50 to Twin Vee, Inc. (Staff request.) Time Certain Items: Item 8C to be heard at 1:00 p.m. PUDZ-2002-AR-3158, Robert J. Mulhere, AICP of RWA, Inc., and Richard D. Yovanovich, Esquire, of Goodlette Coleman and Johnson, representing Eco Venture Wiggins Pass, Ltd., requesting to rezone a 10.45 acre parcel from C-4 to a residential planned unit development to be known as "Coconilla" PUD. Item 8D to be heard at 11:00 a.m. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended). Item 13A to be heard immediately followinq 8D: PROCLAA~A T_TON WHEREAS, the safe use of h~zardous material is essential to bus/ness. industry and local governments to maintain economic stab#/ty, and to protect the citizens of the N/nth Planning D/strict of/:/or/da; and, it/s essential to p/an and prepare for the accidental me/ease of hazardous mater/als and to peotect the wel/-be/rnj of all citizens and ~isitors /n the O/strict; and, WHB~EA$, response teams, such as fire, pal/ce, and emet~jenc~ medical services must know the type~ of hazardous mater/als and chemicals that are being used and stored/n the event of an /nc/dent to respond safe/y; and, ~VHEREA.5, all citizens have a Ri~ht-to-Know the types of h~a~ou$ materia/$ and chem~bals Know the pro~r eme~ency~ ~ ~ of the "Em~y Pl~'afld~om t-to-K~w DONE AND T~5 ld~ day of,~e~. F-tALA, CHAIR~4AN BROCK. CLERK AGENDA~,.ITEM FFR 1 0 200 PROCLAi~A TION WHEREAS. WHEREAS, WHEREAS, NOW Retinoblastoma is a very rare disease that al~Cects children, caas/n9 the 9rowth of malignant ~umors in the retina/ce//layer o£ the eye. N/ne~/ percent o£ the cases occur in the years of i/ICe,· and. it is the most common eye ~umar in children, the th/rd mos~ common cancer that a££ects children overall and, itc/eict unlreated, Rednoblastoma is a/mast a/ways Icata/; and, over the past 60 years the frequency with which Ret/nob/astoma occurs has increased and is seen in one out of every 13, 000 children in the Un/ted States and 7, 000 children worldwide die £rom the disease each year due to the de/ay in diagnosis: and, the key to :visual function, is the early de disemses in' n~w~.n$, -fnic.~. ts; ~:i~oddlers. The ~nn~s -a small p~ :ro pay to ~Ore ~heaithy vision f~:'~f DOt child~n. . . it ' the. BOa~. f DONE AND COA~A4_r$$_rONER$ COLLIER COUNTY, FLORIDA A ~E$~: DONNA F_TALA, CHAIR~AAN BROCK, CLERK FFF 1 0 200 Pg- PROCLAMA~ON Whereas, the surveyors are counted among the founding leaders of our country and were instrumental in the formation of the layout of p~oper~y boundaries in the United States, which have provided our citizens the enjoyment of property ownership; and, Whereas, ~eo~e Washington and Thomas Sefferson, both former Presidents of the United States, served their fellow colonists as surveyors; end, Whereas, the citizens of Florida recognize the valuable contributions of the surveying p~ofession to history, development, and quality of life in Florida and the United States of America, end make important decisions based on the knowledge end expertise of licensed surveyors ~nd mappers; and, the surveying p~ofession requires special education, t~aining, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence; and, surveyors are unit land and water protedrion to determine and describe of natural resources and !~ and, Whereas, the not to learn .and ~m meet.~l~ challenges Of the futu~ ~'~ ~ to NOW, THEREFORE[~.it proclaimed th~ the Boa~~of ~ Cofiie~-'~n~, Fl~id~ do he.by pm~J~im' the 22~, '2~ as ired the surveyor of the solutions nmiSSioners of 16th and sur-veyor'~ ~ DONE AND ORDERED :arian of BOARD OF COUNTY COA~tAZSS£ONER$ COLLIER COUNTY, t~£OI~IDA DONNA hZALA, CHAIRI~AN ATTEST: DHIIGHT E. BROCK. CtERK AGENDA ITEM .o. 'C?__ Pg. PROCLAA/tA T£ON WHEREAS. the legend of Saint Valentine contends that the third century Roman priest was maMyred £or secret/), pet~ormin9 mare-laRes/n de£/ance otc an unjust decree otc the Emperor Claud/us 2~; and, 141HE~EA$, Valentine'~ Day today/s a celebration o£ love and, WHEREAS, /n his State otc the Union address on O'onuary 20, 2004, President ~eo~ge ~V. Bush urged Americans to value the institution and sanctity otc marriage; and, 141HEREA$, Collier County res/dents ~elwyn /~ills and Amber-Rose/~ills have recentl), launched a campaign to promote ~omantic love and marriage w/thin our community; and, 141HEREA$. the Collier Counl faro/l),/s the that the NOW THEREFORE, be Commissioners on the ~rue it/n each otc these DONE AND ~DEStED___~ TbLT.~ t=ebrUary, BOARD CHA_rRt~AN ATTEST: o~rfGt~ E. BROCK, CLERK COl I IER COUNTY MANAGER'S OFFICE 3301 East Tamimni Trail · Naples, FL 34I 12 * 239-774-8383 * Fax 239-774-4010 Januaw 23,2004 Mr. John F. Weir Senior Vice President, G.P. Creative Choice Homes XIV, Ltd. 4243~D Northlake Boulevard Palm Beach Gardens, FL 33410 Re: Public Petition Request to Discuss Heron Cove Name Approval Letter Dear Mr. Weir: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 10, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&ES. J~n.£O. tO04 lI'19AM No.2151 P. CREATIVE CHOICE HOMES XIV, LTD. 4243-D Northlake Boulevard Palm Beach Gardens, FL 33410 (PIq) (561) 62%7988 (Fax) (56I) 627-3218 3anuaryl9,2004 Via Facsimile (239) 774.4010 And First Class Mail Mr. ,fames V. Mudd County Manager Collier County 3301 Bast Tan~ami Trail Naples, FL 34112 Re: H~ron Cove Name Approval Letter Dear Mr. Mudd: We are writing to you to petition tb.e Board of County Commissioners to approve the name of Heron Cove Apa~Uxxent~ for the project previously known as Saddlebrook Village Phase H. This name has previously been proposed to the Community Development and Environmental Services Division (CDES), which has not approved this request. The basis for this denial was a staff interpretation of ordinance 2003-14; the developer agrees with the applicability of this ordinance, but disagrees with the staff interpretation of it. Background The Heron Cove apartment site was originally part of one site, a portion of which. was developed as Saddlebrook Village Phase I, an apartment complex that was built several years ago. At the time of thc pm'chase contract in 2001, the Creative Choice developmem was designated as Saddiebrook Village II, and it was submitted for Site Development Plan approval as Saddlebrook Village Phase II, However, it wa~ resolved during this process to change thc name of our new apartment complex to Heron Cove. The primary reason for this change is to differentiate the new property from the existing Saddlebrook Village I, which is owned by an on, ely different company, Creative Choice believes it is confusing to have the same name as a neighboring property, when we have a different (and we believe superior) product type, different ownerskip philosophy, different management approach, and diffezent residential target group. Creative Choice's goal in choosing a different name for our development is to establish aa identity distinct from that of the neighboring property. Accordingly, we registered the name of Heron Cove Apartments with the Florida Housing Fktanee Corporation, fled a fictitious name registration with the Secretary of State, recorded document~ with the Heron Cove name, and prepared and distributed materials with the new project name. 1 200 J~q.20. 200~ ]I'20AM No.2151 P. 2/7 Mr. lames Mudd Zsmuary 19, 2004 Page2 We wish to clarify several points raised in the rn~nno of Mr. D.E. "Bleu" Wallace memo to you dated Oct., 31, 2003 (copy attached), regarding this matter. (1) Mr. Wallace indicates that a prior project name was rejected in 1998, and that the Saddlcbrook name was then selected, l'~is action was taken by another unrelated development group, the name sclcction was intended to apply to Phase I, and Creative Choice had no historic knowledge o£ thc prior name selection process. Creative Choice had no involvement with the Saddlebrook site until it placed the Saddlebrook II portion under contract in 2001. ' (2) The rejection of the Blue Heron street name in April 2002 did not give rise to an inference that any project name involving Heron would be rejected; the issue was trover raised. (3) The memo states that thc dcyclopcr was ~maware that project names had to be approved, This is incorrect, Creative Choice did believe, mistakerdy, that the Heron. Cove name had been approved at the time that the street names were approved. TI~ memo correctly indicates that ~he issue arose when our engineer applied for a sign permit in October 2003. E911/Addressing staffs rejection of the Heron Cove name is based on County Ordinance 2003-14, which amended Ordinance 99-76. The relevant section is Section 13, entitled Monitoring of the Naming of Street, Developments, Buildings or Subdivisions. A copy of this sec~on of the ordinance is attached. It staxts by stating street, development, building or subdivision stroll bear same name or a similar sounding name as another development, building, subdivision or street in the incorporated or unincorporated area of CoLlier County .... " The first matter of analysis is categorical. While not explicit, the ordiuance contemplates that apples should be compared to apples - i.e. streets compared to streets, developments to developments, and subdivisions to subdivisions, in determining whether the name is the same or similar. Neither we nor CDES staffhave found an apartment complex, or any other edifice, with the same name - "Heron Cove" - in Collier County. The ordinance offers three parameters for determining a "similar sounding" name. Paragraph D.I. deals exclusively with roadway~ and is not relevant. Paragraph D.2. indicates that "Only five (5) variations shall be permitted countywide for names'. beginning with the same word, i.e, Heron. By amendment, this also applies to signs. The I0/31' Wallace memo notes that there are 8 uses of Heron on the books as project names. However, az noted above, the ordinance first distinguishes developments (presumably including apartm~t complexes) fi.om subdivisions, a distinct asset class. Among the 8 uses cited are a restaurant (Heron's Nest Restaurant), an assisted senior living facility (Heron House ofNaples), a shopping center (Heron Place), and four subdivisions. In fact, when these three disparate uses and the subdiVisions arc eliminated, only one other apartment complex be~n.~ with Heron - Heron Park Apartments. If the methnd of classification is apartment complexes, Heron Cove would be the second use. If the ~n.20. 2004 Ii'20AM No.215i P. 3/7 Mr. Sames Mudd Sanua.,'y I9, 2004 Page 3 method of classification is non-subdivisions, then Heron Cove would be the fi/th development utilizing a Heron name - still allowed as per the ordinance. The third parameter, Paragraph D.3., hadicates that "Extreme caution mu~t be taken to prohibit any possible similariW of building or project names along the same roadway." We have located no other "Heron" on Davis Boulevard or Radio Road. Heron Park Apartmen,z is 6 miles west on Ch'eat Blue Drive. No other development, building or subdivision with the name "Heron" is closer. Moreover, there is no apartment complex, or any other development, named "H~ron Court" or any other similar name a~ywhere in Collier County. Tlxe preamble to Ordinance 2003-14 expresses the clear intent of the ordinance is to shorten response times for emergency vehicles and avoid duplicate names as a source of confusion for emergency services. Creative Choice believes that approval of the name change to Heron Cove would actually serve to lessen the potential for confusion. Under the current CDES staff approved name, there are two apartment complexes named Saddlebrook on the same roadway in near proximity to each other. They have different driveways, no common access roads or Iink!.-_g roads, and have different management contacts and owner entities. We believe that there is si~ficant potential for confusion to occur under the current name regime that could result in a delay in response times in the event of an emergency. Finally, the ordinance specifically describes streets, developments, buildings or subdivisions that shall bear the same name et al. By defittition, a street, development, bui/ding or subdivision has to exist if it is to bear a name. The ordinance makes no reference to planned r~mes, reserved names or names to be designated in the future. La doing our research, we discovered that five of the eight projects mentioned i_n ~e Wallace ! 0/31 memo did not exist; the name had merely been reserved for future use. This means that only three existing projec~ have names beginning with Heron, which would alIow the Heron Cove name to be approved at the fourth name trader any interpretation of the ordinance. As a development that is substantia/ly complete a~d'whose first urfits witl soon be opening, we believe this factor is germane to any staff and Board analysis. Creative Choice is fully SUl:rportive of the policy underlying the ordinance, which is to avoid duplication that could lead to confusion and a delay in emerge=¢y response times. At the sams time, we believe it important that staff interpretations of the ordinance not unnecessarily penalize developers where there is no reasonable likelihood of such confusion. It simply does not stand to reason that a restaurant, shopping center or subdivision located in a totally different area of the eotuaty would be corff'used with this apartment complex. Lu a rapidly growing county of over 300,000 residents, we believe that there can be a reasoaable balance between servhag the policy underlying the o~inance and interpreting the ordinance ia accordance with its language. Jan,20. 2004 II'2iAM No.2151 P, 4/7 .Mx. James Mudd January 19, 2004 Page 4 Subject to Board approval, Creative Choice is prepared to immediately ~abmit an ~ppllcation for project name change to the Planning Services Dept. to change the name to "Heron Cove", along with the requisite application fee. You are well aware of obstacles that the development of this project has encountered and overcome. We appreciate the continuing support of your office and your staff. To change name at this stage of the development process would require new filings with state, an amendment of previously recorded documents, and new advertising and marketing materials. We request you/assistance in placing th/s ma~ter before the Board of County Commissioners at the earliest possible opportunity, preferably with a positive ~taff recommendation. Sincerely yours, · Weir Senior Vice President, G.P. Joseph K. Schmitt D.E. "Bleu" Wallace Peggy Jarrell FEB 1 o ZOOq Memorandum To: CC: From: Date: Subject: Jim Mudd, County Manager Joseph K. Schmitt, Administrator, CDES D. E. "Bleu" Wallace, Director October 31, 2003 E-911 Addressing Issue with "Heron Cove", aka Saddlebrook Village Phase II JKS initialed 10/31/03 DEW initialed 10/31/03 Purpose: Provide executive management explanation regarding disapproval of project name "Heron Cove." "Heron" is overused in terms of project naming and appears on the E- 911/Addressing Overused List. Report: On April 8, 1998, developer attempted to submit a Site Development Plan for Pelican Pointe, which was rejected as "Pelican" is an overused project name. At that time, the developer reserved "Saddlebrook Village" as the project name. In April 2002, the Site Development Plan for Saddlebrook Village Phase II was reviewed by CDES Operations (E-911/Addressing Element). It was noted that Blue Heron Drive was proposed as one of the street names and was disapproved as being a duplicate name. The street name was changed to Barot Drive. This project has always been known as "Saddlebrook Village." The final SDP mailing, notifying all governmental and recording agencies of the project name, Saddlebrook Village Phase II and assigned street names was completed August 14, 2002. ryhose agencies receiving official notification included the following · Sheriff Dispatch-E-911; Emergency Medical Services; Post Office; Fire Districts; Supervisor of Elections; Property Appraiser; Public Utilities; Florida Power and Light; UPS; School Board; Mapping Agencies; Time Warner/Comcast Cable; and Sprint In October 2003, the developer submitted an application for a sign permit for the Saddlebrook Village Phase II project under the name of"Heron Cove." E-911/Addressing rejected the application, as "Heron" is an overused project name. The Addressing Ordinance allows only five (5) uses of similar sounding names; there are currently eight (8) uses of "Heron" on the books as project names (Heron Pointe at Operations Department Community Development & Environmental Services Division AGENDA It, EM No. _ FEB 1 0 200 1 Pg. Crossings; Heron at Pelican Bay; Heron Club; Heron Park Apartments; Heron Lake at Sterling Oaks; Heron Place; Heron's Nest Restaurant; Heron House of Naples). Just this week, the developer contacted E-911/Addressing Supervisor, Peggy Janeil, stating that he was unaware that he had to obtain approval of project names from E-911/Addressing. The developer in this case should have been aware, as the initial request in 1998 for the project name (Pelican Pointe) was rejected as an overused project name by the same staff member. The developer may petition the Board to make an exception to the Ordinance and allow a project name change to "Heron Cove"; but this action, if approved by the Board, will require submitting an application for project name change to the Planning Services Department, with an application fee of $500.00. Direct any questions to me at 659-5717 or Peggy Jarrell, E-911/Addressing Supervisor, at 213- 2967. if AGENDA lIEN Operations Department No. C~ -(~ Community Development & Environmental Services Divis n FEB 1 pg. " No,2]51 P, 7/7 ..... 2004. I! '22AM J~n,20. inforn'~aLional m~eting~ SECTION THIRTEEN: MONITORING OFTHE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS No slreet' devsiopmcnL building, or ~ubdivislon ..hall bear d~¢ same name or a similar sounding name aa another development, buiidin&, subdiv:don or street ia the incorporated or uninr~orporalai area o/Collier County, ex--,pt in the following special conditions; A. The major su'~t' ~,ithin · ma~t~r pl~ed communlty; subdivision or dm~lopment may utilize the.same ~ame as the d~v¢iopment. ' B. Regist~'~d fraodfis~ name. C. ld~ntigal building nzmm and bumine.,~ own~ by the s a-ne owned/entity and offering the identical a~viee in different county Iooaiion~. D. "gimil~r sounding" shall be determined using the roi)owing parameters; ' t. R~oadwm3~ wttl~ linc same name a~d having 9nly differet~t pr~flxe~/sullix~s shall be allowed only.tn-Lh'ersame-'lrm~terp!ann~i-communi-tY'-aa& suoi~-rosdsmust be adjoining a~ well as oontinuous without brr. a~:s by canals or other geograplfic inten'uptious. Within rheas communities ~her~ sh~l be no mor~ :ha~ three (3) usu or the same name with different suffixes, e.g., Marsh Drive, Marsh Way, Marsh Lane. 2. Only five (:5) wrl~tions shall be permilted ~unrywid¢ for names beginning with th~ san~e word, e.g., Streets: Coconut Palm Dr/va. C,~onut Cove Drive., Coconut Wind Drive. Coconut Sway Drive, Ckx:ollut Frond Drive; Proj~a~ ~; Marsh ~atates, Marsh Village. Marsh Pond Cbmmunity, Mar~h Walk, Marsh SWand. Th~ use or' th~ word "Naples" ~h~l[ be ~e only =xc, eption to this oonditiom 3. F. xtrem~e caution must be taken to prohibit any p:~ssible similarity of building or project narn~ along the same road~ty. (Example: Th~ Crossings and C:ro~roads on Joim Doe Bouleva~i) The AdminisWaLive O/li~iel sh~/ll moni{o~ th~. naming o£ all str~eAa, d~velopmeilta, buildings or subdiviiions in order to ~iminate duplie,~iions and ~void eon~usion. S1/:CTION FOURTEEN: PROCEDUR.Y.~ I~'OR PROJECT AI~D 8TILEET NAMING At the time of subdivision plat or site d~,,~lopm~nt pla~ a.p. pro,~al, street names of both internal and external s~ are 'assigned by ~e devdop~r and r~vi~ed b'y-tha'AaminisL'afive Official prior to. final approval of'the eibdB,isi011 or development plan. Devedop~-a should'nOt p~.~e~:t wi~ printing end adv~tisin$ setlvjty that utilizes ptojr, a and ah'r, et narn~ prior to rmal n~oprovai ot' such names by tim Addr~sing S~x~tion 01' U~= Collier Cotmty' Community ~¢vdoom~ and ~rtvironm~ritsl ~=== fCD1/~ ~ ~tieal~ .D~Imarlamnt. TI~ Addre~[r~g.g~otiorl for tlie C~tli~r Coun~ ~ ~ ~ D~parlment si:all r~view th~ nam= to avoid duplication sad almilar/ty of street n~meS a~ re~ttlated in Se~t~~'~ - Thirteen e. bove. The Addrmmiag Seetion dso baa the rc~ponaibLltty of maintlflning street ad4re~NO. {-~ ~ -- rrinps and su~tli~tn8 str~tnumber~Il FEB1- EXECUTIVE SUMMARY CU-2003-AR-4583, BETH KOSMERL AND STUART KAYE REPRESENTING KAYE HOMES INC., REQUESTING CONDITIONAL USE 9 OF THE ESTATES ZONING DISTRICT TO CONTINUE THE EXISTING LAND USE AS A MODEL HOME AND SALES CENTER ON 2.85 + ACRES LOCATED AT 910 39m STREET S.W., IN SECTION 14, TOWNSHIP 49 SOUTH~RANGE 26 EAST, COLLIER COUNTY FLORIDA, To have the Board of Zoning Appeals review staff's analysis and recommendation, along with the CCPC recommendation, and then approve, approve with conditions, or deny the petition to allow the existing use as a model home and sales center to remain on the subject property. CONSIDERATIONS: The petitioner seeks Conditional Use 9 of the Estates (E) zoning district for the continuation of an existing model home and sales center. The subject model home and sales center was developed in 1993 and was subsequently granted a two-year Temporary Use permit followed by a three-year extension in compliance with Land Development Code (LDC), Section 2.6.33. In 1998, when the Temporary Use permit expired, the petitioner, in compliance with LDC Section 2.6.33.4.1.3, which requires Conditional Use approval for the continuation of a model home and sales center in excess of the three years provided by the Temporary Use permit, received Conditional Use approval from the Board of Zoning Appeals to continue the use for five years with the requirement that the structure then be converted to a single family dwelling unit. Although the original Conditional Use has expired, the petitioner is again requesting that the Board ot: Zoning Appeals approve another Conditional Use permit to allow the use to continue indefinitely for the purpose of marketing and sales of their homes in Golden Gate Estates. Though the original Conditional Use was limited to five years, as noted above, the LDC does not prohibit the petitioner from requesting another Conditional Use approval for the continuation of the model home and sales center. Rather, the LDC contains specific criteria for approving or denying a Conditional Use request, as outlined in the CCPC Staff Report. FISCAL IMPACT: Approval of this Conditional Use petition for the continuation of the existing model home and sales center will have no fiscal impact on Collier County. FEB 1 0 200z Page I of 4 P~,. / GROWTH MANAGEMENT IMPACT: This Conditional Use request for the continuation of the model home and sales center on the subject property may be found consistent with the Growth Management Plan. The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Master Plan (GGAMP) Future Land Use Map of the Growth Management Plan (GMP). The subject property does not comply with the Conditional Use (CU) locational criteria of the GGAMP (refer to page 5 of the CCPC Staff Report); however, an interpretation was made by a former Planning Services Director that the CU locational criteria in the GGAMP were not intended to apply to the model home CU provision in the LDC, thus model home CUs could be located throughout the Estates-Mixed Use District (refer to the CCPC Supplemental Staff Report for background information regarding this interpretation). To reflect this interpretation, the Comprehensive Planning staff crafted an amendment to the Conditional Use section of the GGAMP and the BCC adopted that amendment on September 10, 2003. Unfortunately, however, the adopted language is unclear as it references Temporary Use permits, rather than CUs, not being subject to the CU locational criteria, and does not accurately reflect the former Director's interpretation. Theretbre, staff will need to propose another text amendment to clearly state the intent, such as: "Conditional Use petitions q'.,..v,~.~,,~ ........ Use ~crT- ,~JT~ ~ for model homes are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District." Comprehensive Planning's interpretation of the above text is the same as the prior interpretation that the intent of the GGAMP is not to make model home CUs subject to the CU locational criteria, thus they may be located anywhere in the Estates-Mixed Use District. Therefore, Comprehensive Planning staff recommends that this petition be found consistent with the GMP. ENVIRONMENTAL ISSUES: There are no environmental issues associated with the petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. Page 2 of 4 FEB 1 0 200 Pi.. ,Z- ] COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission was scheduled to hear this petition at its December 18, 2003, meeting. The Planning Commission continued the item to its January 15, 2004, meeting, given that certain Commission members believed that the petition was inconsistent with the Golden Gate Area Master Plan (GGAMP) as it does not meet the locational criteria established by the GGAMP for Conditional Uses. At the January 15, 2004, CCPC meeting, the Commission forwarded petition CU-2003-AR-4583 to the Board of Zoning Appeals with a recommendation of approval, limited to two years, and subject to conditions attached to the resolution. The motion passed 8-1. STAFF RECOMMENDATION: The proposed Conditional Use request may be found consistent with the applicable provisions of the Growth Management Plan and the Land Development Code, as conditioned by staff. Therefore, staff recommends that the Board of Zoning Appeals approve this request subject to the following conditions: o A sidewalk shall be provided along White Boulevard (collector road) along the northern perimeter of the property and shall be six feet in width and on 39th Street S.W. (local road) on the western perimeter of the property and shall be five feet in width. Sidewalks shall be constructed of four-inch thick Portland cement concrete and installed over a four-inch thick, compacted limerock base. A Right-Of-Way permit for sidewalk installation must be obtained and sidewalks must be completed within six (6) for months from Conditional Use approval. The Conditional Use for the model home and sales center shall expire five (5) years from the date of Conditional Use approval. Hours of operation for the model home and sales center shall be limited to 10:00 a.m. until 6:00 p.m. Sunday through Saturday. A model home or model sales center is not intended to allow the full scope of real estate activities and must be restricted to the sale and marketing of the model, or products similar to the model. A model home and sales center may not be used for offices for builders, contractors, developers, or similar activities. Use of model home and sales center for either temporary or permanent living quarters is prohibited until the conversion to a single-family residential dwelling. Prior to occupancy as living quarters, the parking lot must be removed and the ground must be sodded or landscaped. At such time when the property is no longer utilized as a model home and sales center the property must be converted, at the owner's expense, from private well and private wastewater to County potable water and wastewater service. AC, rO~A ffr~,, Page 3 of4 FEB 1 0 2006 PREPARED BY: DEPARTMEnX[T OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: R LOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DEVELOPMENT REVIEW APPROVED BY: DATE ~~i~~oERNT & ENVIRONMENTAL /,~? t~r Executive summary/CU-2003-AR-4583 Page 4 of 4 FEB 1 0 200q AGENDA ITEM 8-H SUPPLEMENTAL STAFF REPORT TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JANUARY 15, 2004 PETITION: CU-2003-AR-4583 SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission was scheduled to hear a conditional use request for the continuance of an existing model home and sales center located at the intersection of White Boulevard and 39th Street S.W. at its December 18, 2003 meeting. The Planning Commission believes that this petition is inconsistent with the GGAMP as it does not meet the locational criteria established by the Golden Gate Area Master Plan (GGAMP) for conditional uses. The Planning Commission continued the item to the January 15, 2004 Planning Commission meeting. The Department of Zoning and Land Development Review Staff recommendation remains the same. This conditional use request for a model home and sales center is consistent with the Golden Gate Area Master Plan and is compatible with the surrounding neighborhood. Staff recommends that the Planning Commission forward CU-2003-AR-4583 to the Board of County Commissioners with a recommendation of approval, subject to conditions in the staff report for the December 18, 2003 Collier County Planning Commission meeting. Please see additional information below provided by the Comprehensive Planning Department. GGAMP Background and Amendment Analysis Prior to adoption of the GGAMP in 1991, conditional uses allowed by the E, Estates zoning district were allowed anywhere in Golden Gate Estates - locational criteria did not exist. Based upon concern for proliferation of these "E" conditional uses (churches, ALFs, social & fraternal organizations, day care centers, etc.), as expressed by some members of the public, the GGAMP was adopted with criteria limiting CUs in Golden Gate Estates to: 1) Neighborhood Centers; 2) certain locations along the west side of CR-951 (Collier Blvd.); 3) "infill" locations along Golden Gate Parkway; and, 4) transitional areas abutting certain non-residential uses such as commercial zoning or certain essential services, e.g. a fire station. ' FEB 1 0 200 Several years after adoption of the GGAMP (mid to late 1990s), the LDC was amended to allow model homes - beyond the time period allowed by a Temporary Use permit - via conditional use (including in the "E" district), and to allow limited excavation in the "E" district via conditional use. The Planning Director at that time interpreted it was not the intent of the GGAMP to make these two later CUs be subject to the CU locational criteria in the GGAMP as the character of them is much different from the CUs allowed by the "E" district, as is the end result - a model home will eventually become a single family dwelling unit, the same use allowed elsewhere throughout Golden Gate Estates, and an excavation site will contain a lake or pond and a single family dwelling unit. Each time one of these CU petitions was reviewed by Comprehensive Planning staff, this interpretation was noted. It is standard procedure for staff to propose amendments to regulations to reflect interpretations that have been made, whether by staff or the BCC. That was the intent of the Comprehensive Planning staff - to amend the GGAMP to reflect the interpretations that these two CUs were not subject to the CU locational criteria. The adopted language pertaining to excavations is quite clear; unfortunately, the adopted language pertaining to model homes simply does not accurately reflect the former Director's interpretation. Below is the adopted language for model homes (in effect as of late November, 2003). "e) Special Exceptions to Conditional Use Locational Criteria: Temporary Use (TU) Permits for model homes are not subject to the locational criteria for Conditional Uses and may be allowed an~,,/here within the Estates-Mixed Use District." A plain reading of this adopted text indicates that a TU permit for a model home isn't subject to CU locational criteria. But then, neither is a TU permit for a construction trailer, nor any other kind of TU permit! This doesn't need to be stated in the GGAMP. As noted previously, the intent was to adopt language to reflect the former Director's interpretation that these model home CUs (that began as a TU permit) are not subject to the CU locational criteria in the GGAMP. Staff will need to propose another text amendment to clearly state the intent, something to this effect: "Conditional Use petitions Tempe, tm3' Use (TU) Permits for model homes are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District." However, in the meantime, Comprehensive Planning's position is unchanged - we believe these CUs for model homes are not subject to the CU locational criteria, may be located anywhere within the Estates-Mixed Use District, thus are consistent with the GGAMP, albeit still by interpretation. ATTACHED INFORMATION: No additional information is being attached to this supplemental staff report since the Collier County Planning Commission retains the original staff report from the December 18, 2003 meeting, and no correspondence has been received subsequent to that meeting. FEB 1 0 200 PREPARED BY: ~__~~pARL~ MOS~~RINCIPAL PLANNER TMEN~.Ot~ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~RAY~DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE DATE APPROVED BY: ,OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition CU-2003-AR-4583 COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN FEB 1 0 200~ AGENDA ITEM 8-E STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 18, 2003 SUBJECT: PETITION CU-2003-AR-4583 PROPERTY OWNER/AGENT: OWNER: Kaye Homes Inc. 5979 Pine Ridge Road Extension Naples, FL 34119 AGENT: Beth Kosmerl or Stuart Kaye 5979 Pine Ridge Road Extension Naples, FL 34119 REQUESTED ACTION: Beth Kosmerl representing Kaye Homes Inc. requests approval of Conditional Use 9 of the "E" Estates zoning district for an existing model home and sales center, as specified per Section 2.6.33.4. of the Collier County Land Development Code on 2.85 ___ acres. GEOGRAPHIC LOCATION: The subject property is located at 910 39th Street S.W. (intersection of 39th St. S.W. and White Boulevard) and is further described as the North 180 feet of Tract 151, Golden Gate Estates Unit 27, in Section 14, Township 49 South, Range 26 East, Collier County, Florida (refer to Location/Site Map on page 2). CU-2003-AR-4583 CCPC Meeting Date 12/18/03 Page 1 of 8 CU-2003-AR-4583 CCPC Meeting Date 12/18/03 'Page ~ Of 9 AGENDA EB I 0 200~ PURPOSE/DEscRIPTION OF PROJECT: The petitioner seeks a Conditional Use for an existing model home and sales center (refer to Conceptual Site Plan on page 4). The model home and sales center was originally developed in 1993. A temporary use permit, in compliance with section 2.6.33. of the LDC, was issued for the model home and sales center for a period of two years and thereafter granted an extension for an additional three year period. In 1998, pursuant to section 2.6.33.4.1.3. of the LDC, which provides in pertinent part, "...A temporary use permit for a model home shall be issued initially for a period of three years. Extensions in excess of this period shall require submittal and approval of a conditional use petition... ", the applicant sought and received approval for a conditional use, which authorized and limited the continuance of the model home and sales center for an additional five year period. Since the five years have now passed, the petitioner is again requesting conditional use approval to continue the present land use, for an unidentified time period, for marketing and sales of their model homes. SURROUNDING LAND USE & ZONING. SUBJECT PARCEL: SURROUNDING: North: East: South: West: Existing model home and sales center, zoned Estates White Boulevard, then an undeveloped Tract, zoned Estates 39th Street S.W., zoned Estates Developed- Residential Single Family, zoned Estates Developed- Residential Single Family, zoned Estates AERIAL PHOTO and ZONING MAP CU-2003-AR-4583 CCPC Meeting Date 12/18/03 Page 3 of 8 ,F ~ 14~ 127 126 105 104 Subject Site 152 147 128 125 FEB 1 0 2004 FEB 1 0 CU-2003-AR-4583 CCPC Meeting Date 12DI8/03 Page 4 of 9 GROWTH MANAGEMENT PLAN CONSISTENCY, In a memo dated September 26, 2003, Comprehensive Planning Staff offered the following comments: The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map of the Growth Management Plan. The Estates designation permits CUs as follows: a) Essential Services CUs throughout GGE; b) "E" zoning district CUs along Golden Gate Parkway and on the west side of Collier Boulevard (CR-951), when abutting CUs on both sides; c) "E" zoning district CUs within Neighborhood Centers; and d) Transitional CUs for sites abutting certain non-residential uses with specific criteria. Although the subject site does not comply with the above CU locational criteria, a former Planning Services Director on April 27, 2000 interpreted that the intent of the CU locational criteria in the GGAMP was not intended to apply to the model home provision in the LDC and has interpreted that the GGAMP CU provisions were not intended to preclude model home CUs. FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses. Comprehensive Planning leaves the determination of compatibility to staff in the Department of Zoning and Land Development Review as part of their review of the petition in its totality. CONCLUSION: Based upon the above analysis, staff concludes the model home CU for the subject site can be deemed consistent with the Golden Gate Area Master Plan. Furthermore, on September 10, 2003, the BCC adopted amendments to the GGAMP that included text revisions to reflect the referenced interpretation; those amendments are now in effect. The other applicable element of the Growth Management Plan for which consistency review was made is the Transportation Element. The Transportation Department reviewed the Traffic Impact Statement for the subject site, and did not raise any consistency issues. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: CU-2003-AR-4583 Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Pla_B,nn and with the conditions proposed by staff will ensure this project's compliance with the [ DC. No. FEB 1 0 200 CCPC Meeting Date 12/18/03 Page 5 of 8 P..,, 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to and from the site are provided through two existing driveways located on White Boulevard. The Traffic Impact Statement (TIS) submitted by the petitioner recorded existing traffic at less than 12 trip ends per day and estimated trip ends at 40 per day for a peak day with 4 trip ends per hour during the peak p.m. period. Staff has included conditions, as directed by Transportation staff, to require the petitioner to provide a sidewall along White Boulevard and 39th Street S.W. pursuant to the LDC Section 3.3.7.1.9. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The model home and sales center will be open to the public during daytime and early evening hours, beginning as early as 10:00 a.m. and closing at 6:00 p.m. on most weekdays and 5:00 p.m. Friday-Sunday. Although the present land use on the subject site will generate more traffic than the neighboring developed residential properties, the large size of the tract and vegetation buffers should limit the amount of noise created by vehicular traffic from reaching and impacting neighboring properties. Finally, no glare or odor will be generated from the model home and sales center. Compatibility with adjacent properties and other property in the district. The surrounding properties are either undeveloped or used residentially. The nature of the use, the limited hours of operation, the size of the tract, and vegetation and landscape buffers lessen any impacts on surrounding neighbors, thereby ensuring compatibility with the surrounding properties. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: The Neighborhood Informational Meeting was held on October 28, 2003. The property owners to the north (Tract 150) of the subject site attended to offer their support for the continuation of the model home and sales center. Subsequent to the Neighborhood Information Meeting no correspondence has been received regarding this petition. CU-2003-AR-4583 CCPC Meeting Date 12/18/03 Page 6 of 8 AGENDA I~ 1~. FEB 1 0 200 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-4583 to the Board of Zoning Appeals, subject to the following conditions: o A sidewalk shall be provided along White Boulevard (collector road) along the northern perimeter of the property and shall be six feet in width and on 39th Street S.W. (local road) on the western perimeter of the property and shall be five feet in width. Sidewalks shall be constructed of four-inch thick Portland cement concrete and installed over a four-inch thick, compacted limerock base. A Right-Of-Way permit for sidewalk installation must be obtained and sidewalks must be completed within six (6) for months from Conditional Use approval. The Conditional Use for the model home and sales center shall expire five (5) years from the date of Conditional Use approval. Hours of operation for the model home and sales center shall be limited to 10:00 a.m. until 6:00 p.m. Sunday through Saturday. A model home or model sales center is not intended to allow the full scope of real estate activities and must be restricted to the sale and marketing of the model, or products similar to the model. A model home and sales center may not be used for offices for builders, contractors, developers, or similar activities. Use of model home and sales center for either temporary or permanent living quarters is prohibited until the conversion to a single-family residential dwelling. Prior to occupancy as living quarters, the parking lot must be removed and the ground must be sodded or landscaped. At such time when the property is no longer utilized as a model home and sales center the property must be converted, at the owner's expense, from private well and private wastewater to County potable water and wastewater service. CU-2003-AR-4583 CCPC Meeting Date 12/18/03 Page 7 of 8 ! PREPARED BY~ ~ (~~Lt~ R. MQff~'~, AICt5, PRINCIPA PLANNER "-ISEPARTMENT O...F>/ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: I~LLOWS, CHIEF PLANNER RAY DEPAI~TMENT OF ZONING AND LAND lag DEVELOPMENT REVIEW JSUSAN MUR1L~Y, AICP, DIRE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE DATE APPROVED BY: OR Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE DATE Staff report for the December 18, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the January 27, 2004 Board of County Commissioners Meeting Attachment: CU-2003-AR-4583 Exhibit A: Findings of Fact CCPC Meeting Date 12/18/03 Page 8 of 8 AGENDA ITEM FEB I 0 200~ FTNDING OF FACT BY -. COLLI]ER COUNTY PLANNlhNG COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4583 The following facts are found: 1. Section 2.6.33.4.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: Yes ~'/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ,,/No affect or Affect mitigated by ___ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,,/ No. Based on ~e above findings, ~is condition~ u~ould, wi~_sfipulafions, (copy attached) (should not) be recommended for approval '~. ~.,-_ o~-~o,-, Russell A. Budd FEI3 1 [I tIitlT A K YE O.ES '- ~-~" "' ' ~-~" www.kayehomes.com -M~.-~M~i'~'~:R. Mosca, AICP, Principal Planner Pl.annf~g~i~.~'~ices Department, Collier County Government 281 ; 5 6 !ia'brse s h o e Dr ve November 25, 2003 K .. CU-2003-AR-4583 · PROJECT #2003080016 DATE: 11/25/03 MICHELE MOSCA Dear Ms. Mosca: This letter is in response to your letter dated October 2, 2003. TRANSPORTATION (Engineering): Upon extension of the Conditional Use Permit, we agree to provide any sidewalks deemed necessary, per required specifications, along our property on White Blvd. and 39th Street SW. TRANSPORTATION (Planning): Per Alan El'Urfali, the TIS submitted meets this requirement. ADDRESSING: The existing address is 910 39th Street SW, Naples, FL 34117. CURRENT PLANNING' The original signed affidavits are attached. The Sales Center Hours of Operation are as follows: Monday, Wednesday, Tuesday Friday & Saturday Sunday Thursday 10 a.m. - 6 p.m. 12 p.m. - 6 p.m. 10 a.m. - 5 p.m. 11 a.m.- 5 p.m. With the growth of the area, this Model Home Center has provided customers with a housing value that continues to meet their demands. We strive to keep the site and models in a top notch, quality condition. As the county is painfully aware, affordable housing is sorely lacking in Collier County. In spite of the regulatory environment that has driven up land prices, Golden Gate Estates is one of the last remaining areas where working people can find affordable priced homes. Kaye Homes remains one of the few b nes who can still deliver a quality home for under $100,000, with numerous h Sales Centers 910 39th Street SW Naples, Florida 34117 941455-1007 Fax: 941-455-2048 910 Oakes Blvd. Naples, Florida 34119 941-597-0700 Fax: 941-59%2469 Corporate Office 5979 Pine Ridge Road Naples, Florida 34119 941-304-3304 Administration Fax: 941-304-3305 Accounting Fax: 941-304-3302 Construction Fax: 941-455-9895 Proud member of: National Associaton of Home Builders · Florida Home Builders Association ° Collier Building Indr choose from under $150,000. The subject location has come to be known as the location for potential homeowners to commence their search. This model center, located at a busy intersection, with commercial property existing on two corners, is well suited to blend with the community and meet the needs of the counties working class people. If it would help the cause to have many satisfied customers sign a petition, we would be happy to oblige. In conclusion, as long as affordable housing is in dire short supply, and the current use is consistent with the surrounding neighborhood, and neighbors are satisfied with our existence, we would expect to remain a model center. If you have any questions, please call me at 304-3304, ext. 313. S~cerely, ~~ Beth Kosmerl Qualifier, Kaye Homes FEB 1 0 2006 AFFIDAVIT OF COMPLIANCE I hcieby certify that pursuant to Ordinance 01-60, of lite Collier County Land Dc¥clopment Code, I did give notice by mail to the £e'Llowing prope~cY owners ~-md or ~condomininm ~md civic associations whose members may be impacted by the proposed land use dmnges at theh cra'rent address as shown by the records of~'e Collier County Property Ai;p~aism of an application request for a rezoning, pUD amen~lment, conditional use, variance, ~;~ p~akii~g exemption, at least ten clays prior to the scheduled Neighborhood Information Meeting The said notice contained. Lhe lay~nen's descnpLion of the site property.of proposed change and Lhe .time and place of a Neigltho~heod Information Meeting. per attached letters ax, d/or property owner's list, which are hereby made a part of this Affidavit of Compliance Co~. u~y o~'Collier Thc [o* egoing Agreement ShceL ,,vas acknowledged before me this _ / O ~ ~o [s personally ~own~r who h~ produced t~ as idm~tilic alien. /z (Si~atm~of Not~ Publ~ day of (Print nmne oi Notary NOTARY PUBLIC AGENDA I'IT~ 1 0 20Oq . AFFIDA FIT am/are the owners of the ~ro~er~ described herein and which is the subject ~afler af the proposed hearing,, that all the a~wers to the questions in this application, including the disclosure of interest information, all ~ketches, dat~, and other supp[ementa~ matter attached to and made a part of thi~ application, are honest and true to the best'of our ~owledge and belief. understand that the info~ation requested on this application must be complete and acura.re and that the content of this form,, whether computer generated or Coun~ printed shall not be altered. ~ublic hearings will not be advertised until this ~pplication is deemed complete, and ail required information has been submitted. ~4s property owner I4/'e/[ fi~rther authorize ~ . az our/my representative in any matters regarding this Petition. to act Signature of J~roperty Owner Typed or Printed ;Vame of Owner rzpe----2 o-7- ted Vame of Owner' State of Florida County of Collier APPLICATION FOR PUBLIC HEARING FOR CONJ). ITIONAL___USE _ 6124/02 :Vame of Nota~ Public) FEB 1 O 2OO \ \ AGENDA ITEM !. -~ Pg. · Map Output Page 1 of 1 No.AG~NDA I'I'EMi~7 FEB I 0 200~ · .-/com.¢sd.esdmap. EsrLmap? $ czMccNam¢:ccpa desi~n&C]i¢~tV¢~sion:3.]&~orm:Tm¢&~8/22/2003 RE-SUBMITTAl, CU-2003-AR-4583 PROJECT #2003080016 DATE: 11/25/03 MICHELE MOSCA APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: C.. 0 Commission District: Date Petition Received: Planner Assigned: P/~ (C.~ ~ e.. ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) .Applicant's Mailing Address Applicant's Telephone # ~ Oq Fax # Applicant' s E-Mail Address: Agent's Mailing Address State 3so~ City ]k~ O_f i ~_~5' Agent's Telephone # Zip 3 ~f! t ~ ~3off- 6Bo5 Aoent s E-Mail Address: * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. AGE APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 FEB 1 0 200~ COLLIER COUNTy COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVE. LOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for al/Association(s) affiliated with this petition. (Prov/de additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State ~ Zip_______~ City State ~ Zip_~ City State ~ Zip~ Name of ~laster Association: Mailing Address Name of Civic Association: Mailing Address City State ~ Zip City State ~ Zip 2. Disclosure of Interest Information: APPLICATIO_~.N FOR PUBLIC HEAl:LING FOR CONDITIONAL US____E - 4/I4/0~3 If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all part/es with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address - Percentage of Ownersk/p AGEI~A ITF-M--~ --FEB 1 If the property is owned by a CORPORATION, list the officers and stoc 'kholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock S%m..r4 0,1'%,<.~ - ]o r~< 0 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership AGENDA FEE! 1 0 200~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Date of Contract: f. If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address part/es, list ali go Date subject property acquired ( )/eased ( ): Term of lease If, Petitioner has option to buy, indicate date of option: term/nates: _, or anticipated closing date yr./IT/OS. and date option Should any changes of ovcnership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interes[ form. Detailed le_~gal description of the p~rop_er .ty__covered b th~5~p~lication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legaI description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, ma×imum 1' to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal descn tlon questions arise concerning the legal rescript; ..... , .- 'P ' ' f may be required o ~ l,~l~, ~tn engineer s cem~mation or sealed su~-ey Section: _.~ z.../ Township: q q Range: ~ ~ Lot: Block:___________ Subdivision: Plat Book Page #: Property I.D.#: ~~L~Q~ 0009 Metes & Bounds Description: Size of ~~ _ft. X __12. = Total Sq. Ft. Address/general location of sub'e~t prope_r .ty_.. ~ / O APPLICATION FOR PUBLIC HEAR.1NG FOR CONDITIONAL USE - 4/I_____4/03~ ~ _ Acres Adjacent zoning and land use: Does property owner own contiguous property ~ I ~ -- ~ ~ e iubject property? If so, give complete legal description of entire contiguous i": :~ ~Y. (If space is inadequate, attach on separate page). N O Section: Township Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Property I.D.:: Type of Conditional Use: Tkis application is toques:ting conditional use # the district for (TYPE OF USE) ~t~O&i t-_t©14~.~ ~/('~5 ~ of Present Use ofthe Property: Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Sect{on 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Conunission and the Plann/ng Commission's recommendation to the Board of Zorfing Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been me and~61~1~0~ ITL,'i th~~o- 7~ that further, satisfactory provision and arrangement have been made concernin following matters, where applicable. Please provide detailed response to each APPLICATION FOR PUBLIC HEAP, lNG FOR CONDITIONAL USE - 4/14/03 dY criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Descr/be how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of eIement):~~C~; dt!~,( the future land use b. Describe the existing or pla~ed means of ingress and e~ess to the prope~y and proposed stmc~re thereon xvith paaicular reference to automotive nd safe~ ~d convenience, traffic flow ~ ..... a pedestrian . mia conrrot, aha access in case of Ire or c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: d. Desc~be the site's and the ~ro-osed u .~ v~ ~e s compat~ml~ty with adjacent pro e~ies ~d other propemies ~ the disthct'~ 0 ~ IX P e. Please provide any additional info~ation which you may feei is re ' re uest. ~ ?~BLIC ~.~_ ~'UR CO~ITIONAL USE - 4114/0~ Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many commun/ties have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject properS_.- To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? ]~(b 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced $~d" x 11" copy of site plan], drawn to a maximum scale of t inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisor' boards such as the Environmental Advisory Board (EAB), or CCPC]; · ail existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including requff-ed parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, site), proposed and/or existing landscaping and buffering as may be requirs County., proposed locations for utilities (as well as location of existing utility services to the &G~NDA ITEM by,4~.e 7~ APPLICATION FOR PUBLIC HEARING FOR CO_NDITIONAL USE - 4/14/03 FEB 1 0 200q · location of all signs and lighting including a narrative statement as to the ~pe, character(and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). e o ho Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), tmless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after ffmal action is taken by the Board of County Commissioners. Based on the Board's f'mal action on this item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEAILING FOR CONDITIONAL USE - 4/14/03 AC~NOA ITEM FE3 1 0 200z ;941 6595705 # CONDITIONAL USE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECI~I,IST Type of Petition: Owner Name: ---q Owner Address: Meeting Attendees: Current Z0ning:___~ Phone: 2/ % SUBMITTAL REQUIREMENTS: Application, Completed Addressing Checklist signed by Addressing Dept Pre-application meeting notes 16 copies of Conceptual Site Plan 24" X 36" plus (one 8 ½ X 11 copy) Copy of Deed(s) Completed Owner/Agent Affidavits, Notarized Environmental Impact Statement (ELS), or waiver.'~ ¢_or?t'hr_~ ~a-U, cco~;c Aerial Photograph (taken within the previous 12 months) Statement of utitity provisiena (with all required attachments &.sketches) Historical and Archeological 8urvey,(~waiver N/-~Copfes of State and/or Federal Permits ;941 B595705 # 3/ J~T [] /4//¢~A~;chitectural Rendering of Proposed Structure(s) [] ~/¢~ Pre-application Fee $300.00 (to be credited toward application fee below) ~ Fees: $2000.00- Application Fee 25.00 Data Conversion *$300.00 if flied in conjunction with a rezone Petition OTHER REQUIREMENTS, NOTES: Date- PRE.APPLICATION MEETING ~IGN IN SHEET 6595705 # Project Name Date of Meeting Name Representing Phone # E-mail Address Kay Deselem Currenf Planning (22,?! 213~2931 kaydese!e ,m@colljer~pv.net .... ' - ~ e~Ilet~crv FEB ;94~ e595705 1 200~ DeselemKay 6595705 From: murray_s Sent: Tuesday, March 04, 2003 4:53 PM To: DeselemKay; monro]gj; soter_c Subject: FW: PRE-APP REQUEST ..... Original Message From= webmaster@collfergov, net [mailto:webmaster@colllergov,net] Sen[: Tuesday, March 04, 2003 q:22 PM To:' SUSANHURRAY@colliergov.net Subject", PRE-APP REQUEST The following Pre-App Request was rece[vecl £rom our Web Site on: 03/04/2003 at:4:21 PM CONTACT PERSON: Tiffany TELEPHONE: 239-3o4-33o4 REPRESENTING: Ir, aye Homes, Inc. CHECKED REQUEST ITEMS: OTHER THIS REQUEST IS NOT FOR. A COMMERCIAL BUlL,DING LOCATION: ZONING: ADDITIONAL INFORMATION :' Conditional Use Permit Click Il. ERE To Assign a Planner or Edit the Record. AGF_NDA I~ ~ FEB 1 0 200t~ ;941 8595705 # 7/' FEB ! 0 200z~ BUTLER engineering; inc. TRIP GENERATION REPORT KAYE HOMES MODEL CENTER INTERSECTION WHITE BLVD AND COLLIER BLVD The project is an existing sales office located at 910 39'~ Street. The legal is the North 180', Tract 151, Golden Gate Estates Unit 27. Existing traffic is less than 12 trip ends per day. There are 10 existing parking spaces. The facility serves to market existing owners and potential buyers of Golden Gate Estate lots. Access is via 39~' Street (White Boulevard). TRIP GENERATION: Daily trips vary widely, There is not a comparable use listed by ITE. Because the existing traffic count is very low, we would estimate 40 trip ends per day for a peak day with 4 trip ends per hour during the peak PM period. 2223 TRADE CENTER WAY NAPLES. FLORIDA 34109 t C'-~10200~ NEIGHBORHOOD INFORMATION MEETING (N.I.M.) DATE: LOCATION: Q tO TIME: 5':5c) ~.x4. SUBJECT: ~E *IN AN EFFORT TO CONSTANTLY IMPROVE UPON THE PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE YOU INFORMED OF TODAY'S MEETING? 1. Mailing Please Print Name Address 2. Newspaper ad 3. Other Survey # FEBI0200~ I October 29, 2003 Michele Mosca, Principal Planner Planning Services Re: Kaye Homes Model CU-AR-4583 10/28/03 Neighborhood Information Meeting The Neighborhood Information Meeting (NI]M) began at 5:35 P.M. at the model home site located at 910 39th Street S.W. Kaye Homes representative, Beth Kosmerl has petitioned the county for a Conditional Use (CU) [',er:nit to allow for the model home on the premises to continue as a sales center. The current zoning of the property is "Estates". The Board of County Commissions has previously approved a conditional use for the model home sales center and the time for rb.¢ permit has expired. Ms. Kosmerl indicated that the location is still serving the public as a sales center and Kaye Homes would like to continue to use it as such. Ms. Kost:xerl also stated that Kaye Homes is willing to construct a public sidewalk as a require~nent of the county Transportation Department. Mr. and Mrs. Hy Bershand, property ~wners to the north east of the site attending the meeting and were supportive of thc C~mditional Use permit application. They had no objections to the continued use of ttae property functioning as a model home sales center. Other attendees included: Wendy Noble of Kave lit, roes, Michele Mosca, county Planner and project manager and Linda Bedtelyon, c,mnty Community Planning Coordinator. The meeting concluded at approximately 6:00 P.M. AGENDA I~ __, 1 0 200 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUES~____T_T ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): , LEGAL DESCRIPTION: Section: ~\k_~ Lot: Plat Book Page #: Metes & Bounds Description: Block: __ Subdivision: b. CITY UTILITY SYSTEM FILANCHISED UTILITY SYSTEM PROVIDE NAME -d. PACKAGE TREATMENT PLANT (GPD capacity).__ e. SEPTIC SYSTEM TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): et. COUNTY UTILITY SYSTEM ~] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM APPLICATION FOR PUBLIc HEARING FOR CONDI~T.!ONAL USE - 6/24/02 c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: ~ ~-~ PEAK AND AVERAGE DAILY DEMANDS: B. SEWER-PEAK ~ q~J'" AVERAGE DALLY '~. O ~ck~/ IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PL~gS~E PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. 12. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundahes of Collier county's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion o.f the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement, to dediclate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or other,vise provided for at the pi-e-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicatin~ that there is adequate capacity to serve the project shall be provided. AGEI~:)A . FEEl 1 0 200~ RESOLUTION 04 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "9" IN THE "E" ZONING DISTR/CT FOR A MODEL HOME SALES CENTER PURSUANT TO SECTION 2.6.33.4. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Flor/da in Chapter 67-1246, Laws of Florida, and Chapter 125, Flor/da Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier Cr~'nty Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "9" under Section 2.2.3.3. and Section 2.6.33.4. in the Estates Zoning District for a Model Home Sales Center on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning ali applicable matters required by said regulations and in accordance with Subsection 2.7.4.4.; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY The Board Of Zoning Appeals Of Collier County, Florida that: The petition, identified as CU-2003-AR-4583, filed by Smart Kaye of Kaye Homes, Inc. with respect to the property hereinafter described as: Exhibit "B" 1 of 2 AC=ENOA FEB 1 0 200 which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "9" of Section 2.2.3.3. and Section 2.6.33.4. of the Estates Zoning District for a Model Home Sales Center in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ~A-pp. roved as to Form and 4cega~ Suf.~ency:_ / Patrick G. White Assistant County Attorney Attachments: A. Findings of Fact B. Legal Description C. Conceptual Master Plan D. Conditions G/Admin/PetitionsICU -2003-AR4583/MM/sp 2of2 FEB 1 0 2004 FIND~G OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4583 The following facts are found: 1. Section 2.6.33.4.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: 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 c°ntrol, and access in case of fire or catastrophe: Adequate ingress & egress Yes ,,/ No .:M'fects neighboring properties in relation to noise, g/are, economic or odor effects: Do ,./No affect or ~ Affect mitigated by ~ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,,/ No Based on ~e above findings, this condition~ u~ould, wi~ stipulations, (copy a~ached) (should not) be reco~ended for approv~ ~ ~t. ~u~ CHAIRMAN:. Russell A. Budd E: DATE:_ FEB 1 0 200 i, LEGAL DESC R ! PI I ON North 180 feet of tract 151 golden Gate Estates Unit 27, as recorded in Plat Book 7, Page 17 & 18, of the Public Records of Collier County, Florida. EX¸ FEB I 0 20Oq [,.t4'a /--/'5 CONCEPTUAL MASTER PLAN CU-2003-AR-4583 E3 - I F2~10200~ ~ CONDITIONS OF APPROVAL CU-2003-AR-4583 o o A sidewalk shall be provided along White Boulevard (collector road) along the northern perimeter of the property and shall be six feet in width and on 39th Street S.W. (local road) on the western perimeter of the property and shall be five feet in width. Sidewalks shall be constructed of four-inch thick Portland cement concrete and installed over a four-inch thick, compacted limerock base. A Right-Of-Way permit for sidewalk installation must be obtained and sidewalks must be completed within six (6) for months from Conditional Use approval. The Conditional Use for the model home and sales center shall expire two (2) years from the date of Conditional Use approval. Hours of operation for the model home and sales center shall be limited to 10:00 a.m. until 6:00 p.m. Sunday through Saturday. A model home or model sales center is not intended to allow the full scope of real estate activities and must be restricted to the sale and marketing of the model, or products similar to the model. A model home and sales center may not be used for offices for builders, contractors, developers, or similar activities. Use of model home and sales center for either temporary or permanent living quarters is prohibited until the conversion to a single-family residential dwelling. Prior to occupancy as living quarters, the parking lot must be removed and the ground must be sodded or landscaped. At such time when the property is no longer utilized as a model home and sales center the property must be converted, at the owner's expense, from private well and private wastewater to County potable water and wastewater service. AC-:-~N~A I'1'~ ~..: FEB 1 0 200q EXHIBIT D EXECUTIVE SUMMARY CU-2003-AR-4995, MR. BOB DUANE OF HOLE MONTES INC. REPRESENTING CHRIST COMMUNITY LUTHERAN SCHOOL, REQUESTS CONDITIONAL USE #10 OF THE RURAL AGRICULTURAL DISTRICT (A) ZONING DISTRICT FOR THE PURPOSE OF A PRIVATE ELEMENTARY/MIDDLE SCHOOL. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED AT 14785 COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 9.38 ACRES. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner seeks Conditional Use 10 of the A (Rural Agricultural) district for a private elementary/middle school. The facility will be constructed in two phases. Phase I will comprise approximately 24,000 square feet of school facilities. Phase II will comprise an additional 41,400 square feet for a total area of 65,400 square feet including recreational facilities. Within the campus will be included a gym/auditorium, media center, elementary and middle school, and 97 parking spaces. Temporary portable school facilities will be provided initially to assure that the school will be functional for the start of the 2004 school year. FISCAL IMPACT: This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: · Fire Impact Fee: $ 19,620 · Road Impact Fee: $169,336 · Correctional Facility: $ 10,457 · EMS Impact Fee: $ 5,408 · Water& Sewer $ TBD · Total (not including Water & Sewer) $204,821 Other fees will include building permit review fees and Water and Sewer Impa¢ utility fees associated with connecting to the County's sewer and water system. Page 1 of 3 FEB 1 0 200q / GROWTH MANAGEMENT IMPACT: The petitioner's property, as identified on the Future [.and Use Map of the Growth Management Plan, is designated as "Urban Residential Subdistrict'. Relevant to the petition, the Urban Residential Subdistrict is intended to "provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated." In this regard, language under the "Urban Designation" Section of the Future Land Use Element (FLUE) encourages co-location of schools with other community facilities, "where feasible and mutually acceptable.' Based upon the above analysis, staff concludes the proposed school complex may be found consistent with the Future Land Use Element of the Gro~.~h Management Plan. ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that the .~ubject property consists of an elongated rectangular shaped parcel of land located on the west side of Collier Boulevard (C.R. 951). The subject property is made up of a mixture of cover types consisting of a commercial truck service area and a residential area, separated by partially cleared ,,~,;odlands. There are no environmental issues associated with the project. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition based upon the subject property being less than ten (10) acres and having been previously altered through past usage such.that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the January 15, 2004, CCPC meeting. The Commission motioned to forward petition CU-2003-AR-4995 with a recommendation of APPROVAL, SUBJECT TO THE CONDITIONS IN THE RESOLUTION. THE MOTION PASSED 8/1. ZONING & LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: Staff has recommended approval subject to the conditions attached to the Resolution Page 2 of 3 A~A ITEM/L FEB 1 0 200 PREPARED BY: k~__ALI~ 41 ~S~,~'E~DEI~r~I~CIPAL PLANNER COMMUNIT..Y~LANN1NG AND REDEVELOPMENT REVIEWED BY: 'RAY I~/~LO~VS,' CH~[F PLANNEI~ - DEP~I'MENT OF ZONING AND LAND DEVELOPMENT REVIEW DEVELOPMENT REVIEW APPROVED BY: Executive summary/CU-2003-AR-4995 DATE -- Page 3 of 3 FEB 10 200~ AGENDA ITEM 8-J STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 15, 2004 SUBJECT: PETITION CU-2003-AR4995 PROPERTY OWNER/AGENT: OWNER: Richard R. and Geneva M. Yurewitch 4175 19th Street SW, Golden Gate City Naples, Florida 33940 AGENT: Robert Duane Hole Montes Inc. 950 Encore Way Naples, Florida 34110 REQUESTED ACTION: Mr. Bob Duane of Hole Montes. Inc. representing Christ Community Lutheran School, requests approval of Conditional Use 10 of the Rural Agricultural District (A) zoning district for a Private elementary/middle school, as specified per Section 2.2.2.3 (10) of the Collier County Land Development Code on 9.38 + acres. GEOGRAPHIC LOCATION: The subject parcel is located at 14785 Collier Blvd. in Section 34, Township 48 ~ East, Collier County, Florida. CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 1 of 11 >uth~ Range 26 . FE9 1 0 200tt CU-2003-AR-4995 Janua~J 15, 2004 CCPC Meeting Page 2 of 11 FEB 1 0 200~ PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for the construction of a private school. The facility will be constructed in V~vo phases. Phase I will comprise of approximately 24,000 S.F. school facilities. Phase II will comprise an additional 41,400 S.F. for a total area of 65,400 S.F. including recreational facilities. Within the campus will be included a gym/auditorium, media center, elementary and middle school, and 97 parking spaces. Temporary portable school facilities will be provided initially to assure that the school will be functional for the start of the 2004 school year. See conceptual site plan. The subject property comprises 9.38 acres. A large portion of the site is presently improved, and is being used to service diesel trucks. A communication tower is located on the southerly side of the property and is proposed to remain although the tower access easement is proposed to be vacated/relocated. A thirty (30) foot access easement also currently exists on the north side of the property. A portion of this access easement is proposed to be vacated on the subject property and is requested to be a companion item to this application. A portion of the thirty (30) foot access easement to the west of the subject property is currently in the County review process to be vacated. Ingress and egress to the site will be provided through a single access point off of Collier Boulevard (CR951) to be shared with Brittany Bay Apartments to the north. The petitioner had submitted a previous application for a Conditional Use (CU-2002-AR-2660) which was in the approval process on a prior site located on the north side of Wolf Road at the intersection of Wolf Road and Collier Boulevard, about one-quarter mile south of the subject new site. Due to the prior application being delayed by the Transportation Department and demands for four (4) acres of right-of-way for a stormwater pond, the Christ Community Lutheran School agreed to attempt to relocate their facility to the new site so as to allow the school to be constructed by August of 2004 and have ample room for necessary facilities. The new application was submitted on November 7, 2003, (CU-2003-AR-4995) as a qualified Economic Development Council (EDC) "Fast Track" project. A check in the amount of $2,175.00 was provided, under protest, for the filing fee. The petitioner is requesting the l~oard of County Commissioners to waive the $2,175.00 fee due to the actions of the County that necessitated relocation of the project and resubmittal of a new application for a Conditional Use Permit on the new site. The zoning district is Rural agricultural district (A), which is described in LDC Section 2.2.2 as follows: 2.2.2.1. Purpose and intent. The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of Collier County, are permissible as conditional uses in the A district. The A district corresponds to and implements the -ural agricultural land use designation on the future land use map of the Collier County I row~EnOA management plan, and in some instances, may occur in the designated urban are~. T~e maximum density permissible in the rural agricultural district within the urban mb ed use FEB 10 200 CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 3 of 11 district shall be g~ided, in part, by the density rating system contained in the future Land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The maximum density permissible in the rural agricultural district within the agricultural/rural district of the future land use element of the Collier County growth management plan shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. The Rural agricultural district (A) provides for private school Conditional Uses in LDC Section 2.2.2.3. as follows: 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.74: 10. Schools, private. Conceptual Site Plan For Conditional Use See Page 5 CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 4 of 11 AGENDA ITEM CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 5 of 11 ITEM I FEB1 0 200t~ SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East: South: West: Existing diesel truck service facility, zoned Rural district (A) Existing Multi-family residences - Brittany Bay zoned PUD Collier Blvd. (CR 951) Right-of-Way & Vacant residential pending PUD, zoned agricultural (A) Golden Gate Nursery & Sod, zoned agricultural (A) Vacant, zoned agricultural (A) agricultural Apartments, and future Zoninl~ Map No. 8634N Subject Site I ZONE X ~ I CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 6 of 11 REGIONAL DE~V~ELOPMENTS EXISTING AND PLANNED.:. LOCATION - RESIDENTIAL APPROVAL SECTION ACRES ~INANCE DATE TOWNSHIP UNITS RANGE 03-52 9-23-03 26-48-26 78.07 500 ~endin~ Pendin~ 35-48-26 22.8 ! 59 00-77 ! 1-28430 27-48-26 58.6 487 ~) 1-67 11-27-01 35 -48-26 39.06 288 ~)4-6 ! 11-22-94 26-48-26 169 491 53.04 07-29-03 13,14,23-24-48-26 2562 34'30 ~)2-46 10-08-02 34-48-26 57.82 231 299-2 ! 034)9-99 27-48-26 96.50 530 ~ 1-53 09-25-01 27-48-26 181.37 442 -94-63 12-13-94 27-48-26 78 465 -01-20 04-24-01 10,15 & 22-48-26 1558 799 -00-50 06-27-00 35-48-26 35.56 0 -034)3 01-144)3 34-48-26 33.45 0 -03-64 11-18-03 26-48-26 119 580 -00-49 06-27-00 26-48-26 93.5 420 -02 -07 02-12-02 27-48-26 ! 50.3 650 -98-52 064)9-98 35-48-26 323 800 -03-45 09-23-03 34-48-26 ! 47.69 591 5303,72 1078~ APPROVED DENSITY NAME ORD PER ACRE 6.40 A.R.M. ~03-52 6.97 8.3 1 Bristol Pmes Brittany Ba~ 2.91 Bucks Run 1.35 Cr~stal Lake 4.0 Heritage Bay 5.49 Hibiscus Village 2.44 Ibis Cove 5.96 lndo Lakes 0.51 Laurel Wood 0 Mirasol The Mission Church ~ 0 4.87 Mission Hills 4.49 Nicaea Academy 4.32 Outdoor Resorts 2.48 Richaland 4.0 Vanderbilt C.C. Wolf Creek !.88 TOTALS The developments listed above are located from Immokalee Road to Vanderbilt B. each Road along Collier Boulevard (CR 951). For location of the developments listed in the cllart on page 2. FEB 10 CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 7 of 11 pg. / GROWTH MANAGEMENT PLAN CONSISTENCY- Comprehensive Planning staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan, is designated as "Urban Residential Subdistrict". Relevant to the petition, the Urban Residential Subdistrict is intended to "provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated." In this regard, language under the "Urban Designation" Section of the Future Land Use Element (FLUE) encourages co-location of schools with other community facilities, "where feasible and mutually acceptable." The site plan map submitted by the petitioner shows that the proposed school campus would contain both elementary and middle school complete with support facilities (gymnasium, cafeteria, etc.). The school complex does not appear to be associated with any other community facility, such as a church. In this regard, language in the FLUE encourages co-location of schools with other facilities but does not prohibit schools that are not so co-located. Based upon the above analysis, staff concludes the proposed school complex may be found consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided through shared facilities with the northern neighbor, Brittany Bay Apartments. Because of the relatively low trip generation, ingress and egress to the property can be deemed sufficient onto Collier Boulevard. Internal circulation and pedestrian access as proposed on the conceptual site plan is well laid- out, marked and may also be found sufficient. Access in case of a fire or catastrophe also is adequate based on the proposed site layout. Fire District review has confirmed that the internal circulation, roadway widths and mining radii are sufficient as presented. No stipulations or conditions were proposed in the Fire District's review. The effect the Conditional Use would have on neighboring properties in rei noise, glare, economic or odor effects. CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 8 of 11 tio to . ! 0 200t pg._ // Schools, which are generally needed in proximity to residential development, will unlikely have any adverse economic affect on nearby residential properties. The school will not create an odor problem. There will likely be some noise generated by the proposed school in conjunction with athletic facilities during day time hours but these will not be of a disruptive nature and will be minimized by buffering landscaping. Lighting is proposed to be shielded from adjacent properties to eliminate the effect of glare. The proposed school will not adversely impact or disrupt the existing roadway network. Based on the intersection capacity analyses performed, the taming movements at the intersection with Collier Boulevard will operate under acceptable level of service conditions when the project traffic is added to the surrounding roadway network under both opening day traffic conditions as well as when the desired enrollment is reached. Development tmftic does not significantly impact Collier Boulevard by 5 percent of the level of service standard. 4. Compatibility with adjacent properties and other property in the district. Given the layout of the proposed development, compatibility can be maintained with the surrounding properties through the application of the current LDC landscaping and buffering requirements. Athletic facilities and open space to the rear of the subject property provide for a transition in use from the east to the west of the subject property. Staff has recommended conditions to be attached to any approval for this petition. The conditions are addressed below: Condition #1 allows staff limited discretion to recognize and provide administrative relief for minor differences in site design, while prohibiting any intensification of the use. Condition #2 requires preservation of any historic or archaeological artifacts that may be found during the excavation. Condition #3 allows a deviation from Section 2.8.3.7.4 of the Land Development Code wet and dry retention areas. Condition ~4 prohibits lighting for night activities on athletic fields. Condition # 5 requires a Type "B" landscape buffer along the north property line. NEIGHBORHOOD INFORMATION MEETING: A neighborhood informational meeting was held at Oak Ridge Middle School, 14975 Collier Boulevard at 5:30 P.M. December 8, 2003. Robert Duane of Hole Montes, agent for the applicant, as well as several representatives for the school, was present. Mr. Ruben Hemandez, owner of the Golden Gate Nursery, adjacent to the school site, was the only member of the public in attendance. Mr. Hemandez voiced concerns regarding traffic access points and buffering between the school site and his property. He said he had been in contact with the County Transportation Department and has been given conflicting information regarding a centralized signal for the school and new developments on Collier Boulevard. Mr. Duane stated that the intended access point is to the north of the site. STAFF RECOMMENDATION'-. Staff recommends that the Collier County Planning Commission recommend : Petition CU-2003-AR-4995 to the Board of Zoning Appeals, subject to the following CU-2003-AR4995 January 15, 2004 CCPC Meeting Page 9 of 11 pproV~a~f~W-M/) FEB pg. The Department of Zoning and Land Development Review Director may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance Number (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. Pursuant to Section 2.8.3.7.4 of the Land Development Code wet and dry retention areas, will be deviated to provide 3:1 sodded slopes tbr the retention areas. The plantings along the top bank line of the wet and dry retention areas will be staggered and varied to give a natural appearance. The lighting of athletic fields for nighttime activities shall be prohibited. That along the north property line from the ~est property line to the access roadway landscape buffer must be a Type "B" landscape bulTer. CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 10 of 11 FEB 1 0 200 REDEVELOPMENT REVIEWED BY: CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DAT~g DEVELOPMENT REVIEW APPROVED BY: ~STRATOR ~~IT~Y OE_V~.E~OPMENT & ENVIRONMENTAL RVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the January 15, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the February 10, 2004, Board of County Commissioners Meeting Attachments: A. B. C. D. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 11 of 11 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes.~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fn'e or catastrophe: Adequate ingress & egress Yes ~' No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: __~/No' affect or ~ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~' No Based on the above findings, this condifion~ipulafions, (should not) be recommended for approval ~.e) . (copy attached) DATE: 1//O4 CHAIRMAN: EXH!BIT A / e- CONDITIONS OF APPROVAL CU-2003-AR-4995. The Department of Zoning and Land Development Review Director may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. Pursuant to Section 2.8.3.7.4 of the Land development Code wet and dry retention areas, will be deviated to provide 3:1 sodded slopes for the retention areas. The plantings along the top bank line of the wet and dry retention areas will be staggered and varied to give a natural appearance. 4. The lighting of athletic fields for nighttime activities shall be prohibited. 5. That along the north property line from the west property line to the access roadway landscape buffer must be a Type "B" landscape buffer. EXHIBIT "C" - CU-2003-AR-4995 AGEI4~A ITEM FED 1 0 200~ FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because off Consistency with the Land Development Code and Growth Management Plan: Yes ~/ No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes : No Affects neighboring properties in relation to noise, glare, economic or odor effects: . No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility w/th adjacent properties and other property in the district: Compatible use within district Yes ~, No Based on the above f'mdings, this conditional use should, with stipulations, (copy attached) MEMBER: '- (should not) be recommended for approval DATE: P D Y: COMMUNITY (~G AND REDEVELOPMEIqT REVIE~fED BY: CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~CTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~STRATOR ~C~IT/Y D_E_~V~. ?OPMENT & ENVIRONMENTAL I~RVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the January 15, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the February 10, 2004, Board of County Commissioners Meeting Attachments: A. B. C. D. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval CU-2003-AR-4995 Januar~ 15, 2004 CCPC Meeting Page 11 of 11 FEB 1 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of.' mo Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fu'e or catastrophe: Adequate ingress & egress Yes t''/' No Co 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 for approval FEB E HIBIT A CONDITIONS OF APPROVAL CU-2003-AR-4995. The Department of Zoning and Land Development Review Director may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. Pursuant to Section 2.8.3.7.4 of the Land development Code wet and dry retention areas, will be deviated to provide 3:1 sodded slopes for the retention areas. The plantings along the top bank line of the wet and dry retention areas will be staggered and varied to give a natural appearance. The lighting of athletic fields for nighttime activities shall be prohibited. That along the north property line from the west property line to the access roadway landscape buffer must be a Type "B" landscape buffer. EXHIBIT "C" - CU-2003-AR-4995 AGENDA ITF_N~ FEB 1 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v~ No Co 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 V/ No Based on the above f'mdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DAVE: 1,/~, 8 }L MEMBER: FFr.? I 0 p D Y: COMMUNITY ING AND REDEVELOPMENT REVIEWED BY: ~Y BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~CTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~(~dUNIT'Y D_E_V~.E.EOPMENT & ENVIRONMENTAL /I~RVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the January 15, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the February 10, 2004, Board of County Commissioners Meeting Attachments: A. B. C. D. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval CU-2003-AR-4995 JanuarY 15, 2004 CCPC Meeting Page 11 of 11 AGENOA I ~ FEB1020 A I FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes v~ No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Co 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 c~// No Based on the above fmdings, this conditional use should, with (should not) be recommended for approval DATE:'[~fi'.t MEMBER: ~/tipulations, (copy attached) REDEVELOPME1NT REVIEWED BY: j~y BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~CTOR /SUSAN Mutct~ LAND DEPARTMENT OF ZONING AND DEVELOPMENT REVIEW DAT~E { DATE APPROVED BY: ~STRATOR /I~RVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the January 15, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the February 10, 2004, Board of County Commissioners Meeting Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval Attachments: A. B. C. D. CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 11 of 11 FEI3 1 0 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes C"~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~"/No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~No affect or ~ Affect mitigated by ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes _~/No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: EXI- FES 1 0 - CONDITIONS OF APPROVAL CU-2003-AR-4995 The Department of Zoning and Land Development Review Director may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. Pursuant to Section 2.8.3.7.4 of the Land development Code wet and dry retention areas, will be deviated to provide 3:1 sodded slopes for the retention areas. The plantings along the top bank line of the wet and dry retention areas will be staggered and varied to give a natural appearance. The lighting of athletic fields for nighttime activities shall be prohibited. That along the north property line from the west property line to the access roadway landscape buffer must be a Type "B" landscape buffer. EXHIBIT "C" - CU-2003-AR-4995 AGENDA IT~EM~) No. FEB 1 I~ ~', p~. ~ G FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because off Consistency~th the Land Development Code and Growth Management Plan: Yes ~'~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes c'''/' No Affects neighbo~n~g 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 t~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval i FEB10200~ 1 EXHIBIT A ALD _. -, ~ING AND COMMUNITY REDEVELOPME1NT REVIEWED BY': BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~CTOR DEVELOPMENT REVIEW APPROVED BY: ~STRATOR /I~RVICES DIVISION Collier County planning Commission: DAT~ DATE RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the January 15, 2003 Collier County PlaDning Commission Meeting Tentatively scheduled for the February 1 O, 2004, Board of County Commissioners Meeting Attachments: A. B. C. D. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval CU-2003-AR-4995 January 15, 2004 CGPC Meeting Page 11 of 11 AGEND/ ~T£,~i b FEB 1 0 232-' FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: mo Consistency with the Land Development Code and Growth Management Plan: Yes 1// No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t~/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: k~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 t/// No Based on the above f'mdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 1 0 200 ING AND R D V LOm t REVIEWED BY: ~y BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ./%SAN MU~ AICP, INTERIM DIKECT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~ISTRATOR ~fi'-'~IT"V DEV~.E.~OPMENT & ENVIRONMENTAL )~RVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the January 15, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the February 10, 2004, Board of County Commissioners Meeting Attachments: A. B. C. D. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 11 of 11 FEB 1 0 200~ F/NDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4995 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes _~ No Bo Ingress and egress to property and provosed structures thereon with particular reference to automotive and pedestria~ safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No xX/ Co 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 X'_ No~ Based on the above £mdings, this conditional use should, with stipulations, (copy attached) recommended for approval DATE: EXN ~II~EI~ FRINCIFAL PLANNER COMMUNITY REDEVELOFM~I~IT REVIEWED BY: ~y BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~CTOR DEVELOPMENT REVIEW APPROVED BY: ~ISTRATOR /~RVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the January 15, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the February 10, 2004, Board of County Commissioners Meeting Attachments: A. B. C. D. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 11 of 11 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: _ CU-2003-AR-4995 PROJECT #2003110011 Planner Assigned: DATE: 11/7/03 DON SCHNEIDER ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address 777 Mooring Line Drive Christ Community Lutheran School FL Zip 34102 City _Naples State Applicant's Telephone # 239-430-2655 Applicant's E-Mail Address: Name of Agent Robert Duane __ Fax # 239-597-4349 __ Firm Hole Montes Inc. Agent's Mailing Address City __Naples Agent's Telephone # 950 Encore Way State FL Zip 34110 239-254-2099 239-254-2000 Fax # Agent's E-Mail Address: bobduane(~,holemontes.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -4/14/0'I Complete the following for all Association(s) affiliated with this petition. sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Maihng Address Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address Name of Civic Association: Mailing Address 2. Disclosure of Interest Information: N/A (Provide additional N/A City State ~ Zip city N/A State __ Zip City N/A State ~ Zip City N/A State ~ Zip. City State ~ Zip ao If the property is owned fee simple by an INDWIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Richard R. and Geneva M. Yurewitch 417~55 19th Street SW, Golden Gate City __NgE~s, FL 33940 Percentage of Ownership 100% If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock APPLICATION FOR pU~BLIC HEARING FOR CONDITIONAL USE - 4/14/03 AGENDA IT~ FEB 10 200 . If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Christ Community Lutheran School 777 Mooring Line Drive Naples, FL 34102 Percentage of Ow'nership 100% Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, parmership, or trust. Name and Address A.R.M. Development of S.W. FL, Inc. 4206 Enterprise Ave., Unit A-7 Naples, FL 34104 Corporate Officers President - Ovadia R. Elias (same address as above) Sec. - Meir Alice (same address as above) Treasurer - Aviel Alias (same address as above) Vice Pres.- George B. Rice (same address as above) Vice Pres. - Rahamim Yitzhak (same address as above) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 parties, list all Date subject property acquired (X) leased ( ):1/14/71 Term of lease If, petitioner has option to buy, indicate date of option: terminates: ., or anticipated closing date Jan. 6~ 2004.. yr./mos. and date option h. Should anY changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed le al descri tion of the roe covered b the a lication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 34 Township: __48 South Range: __26 East Block: Subdivision: Property I.D.#: 00203520002 Plat Book_~ Page #: Metes & Bounds Description: 34 See attached survey Size of p~ +1222 ft. X +304 ft. = Total Sq. Ft. _372,480 Address/general location of subiect l~roperty~: _14785 Collier Blvd. N ½ of the N ¥2 of the NE ~A of the NE 1/4 of Section Acres 9.3 8 Adiacent zonine and land use: Zoning Land use N PUDs- Multi-family Residences - Brittany Bay Apts. Phase 17I & m are under constructio .n. S_Al_ A~__culmral E A2-A~f__gultural W AI- A~f_cultural Golden Gate Nurserg Retail, Garden Supl~lY Vacant and Future Residential pending Residential Vacant APPLICATION FOR pU~BLIC HEARING FOR CONDITIONAL USE - 4/14/03_ )UD AGENDA mT~M FEB 1 0 200 Does property owner own contiguous property to the subject property? If so, g/ve complete legal description of entire contiguous property. (. [£ space is inadequate, attach on separate page). N/A Section: Township: R:mge: Lot: __ Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: o Type of Conditional Use: This application is requesting conditional use # 10 the A district for (tyPE OF USE) an elementar~'/middle school Present Use of the Property: Partially improved with a diesel truck service building. _A communications tower is also located on the property.. of Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). ao Describe how the project is consistent with the Collier County l~and Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element):.See cover letter Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: See cover letter c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: See cover letter Describe the site's and the proposed use's compatibility with adjacent other properties in the district: See cover letter Please provide any additional information which you may feel is relevant to request. See cover letter APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03 FEB 1 0 10. 11. Deed Rest.____rictions_'. The County is legally precluded from enforcing deed reslxictions, ~owever, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the sub[ect oroperty.: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that 'hearing? 1'4o Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. A copy of the pre-application meeting notes; Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff as the evaluation for distribution to the Board and various advisory boar& such Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, C o · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Whether or not an EIS is required, two copies of a recent aerial photogra within the previous twelve months), minimum scale of one inch equals 400 be submitted. Said aerial shall identify plant and/or wildlife habitats APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 etna?hall 'TLQ and' '-{~ ~ FEB 1 0 200 ho boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 FEB I 0 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST_ NAME O1~ APPLICANT: Christ Community Lutheran School 777 Mooring Line Drive ZIP MAILING ADDRESS: CITY _Naples 34102 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 14785 Collier Blvd. e LEGAL DESCRIPTION: Township: Section: 34 Block:. Lot: ~ Plat Book__ . Page/4: Metes & Bounds Description: 48 South Range: 26 East Subdivision: Property I.D.#:00203520002 See attached survey TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): couNTY UTILITY SYSTEM [] CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. couNTY UTILITY SYSTEM CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUB~___LIC HEARING FOR CONDITIONAL USE - 4/14/03 TOTAL POPULATION TO BE SERVED: 350 students & 25 employees PEAK AND AVERAGE DAILY DEMANDS: FEB 10 200q p- d 10. 11. 12. A. WATER-PEAK 16,875 odd B. SEWER-PEAK 24,210 lll~d AVERAGE DAILY 5,625 2Dd AVERAGE DAILY 5,625 apd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Aug. 2004 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 FEB 1 0 20G CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED 1. Completed Application 20* 20 2. Copy of Deed(s) and list identifying Owner(s) and all 2* 2 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 2 4. Pre-application notes/minutes 20* N/A X 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* 20 6. Environmental Impact Statement- (ELS) 4 Waived X 7. Aerial Photograph - (with habitat areas identified) 5* 5 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 7 Waived X 10. Historical & Archaeological Survey or Waiver 4 4 Application 11. Copies of State and/or Federal Permits 4 n/a X 12. Architectural Rendering of Proposed Structure(s) 4 n/a X 13. Application Fee = $2000 - $ 2,175.00 Data Conversion Fee = $25 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Board of Commissioners ~4. Other Requirements- * Documents required for Long-Range Planning ! :wew As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. - Applicant/Agent Signature Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 AGE~A ITEM FEB 1 0 200q AFFIDAVIT We~l, being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions zn this application, including the disclosure of interest information, all sketches, data, and other sup?le~nentary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this applic~ztion is deemed complete, and all required information has been submitted As property owner We~I further authorize Y::,:,crt L. Duane representative in any matters regarding this Petition. to act as our/my Signature of Property Owner 5i~_ ~ature of Property Owner Typed or Printed Name of Owner ~'., :,ed or Printed Name of Owner The foregoing instrument was acknowledged before tne this day of 20 , by who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Na~ne of Notary Public) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03 FEB 1 0 20;, TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals' MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: Trip Generation: (at buildout) Annual Average Daily Traffic Peak Hour (AM)T) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assigmnent: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5o Any proposed improvements (to the site or the external fight-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent ~Sth the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/! 4/03 AGEN4:)A ITEM FEB 10 200 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction conditional use or rezone petition: with a Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existine Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS): The LOS of a roadway shall be expressed in trams of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDI); The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assigmnents from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0- 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6 Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to ex Vehicles Per Hour (VPH). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 ~eect ~rrr~.. ' FEB 1 0 200 10. 11. Backeround Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. Future Traffic_.' An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Proiect phasin~ When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR pUB~L1C HEARING FOR CONDITIONAL USE - 4/14/03_ AGENDA IT'E.~ No. FEB 1 0 200 HOLE MONTES ENGINEERS. PLANNERS. SUPNEYORS 950 Encore Way · Naples, Florida 34110 · Phone: 2392,542000 · Fax: 239.2542099 December 5, 2003 Salma Nabizad Collier County Transportation Department 2800 North Horseshoe Drive Naples, Florida 34104 RE-SUBMITTAL CU-2003-AR-4995 PROJECT #2003110011 DATE: 12/9/03 DON SCHNEIDER CHRIST COMMUNITY LUTHERAN SCHOOL CONDITIONAL USE APPLICATION HM FILE NO.: 2001119 APPLICATION NO.: 4995, PROJECT NO. 2003110011 Dear Ms. Nabizad: In response to your comment on CD+ under Application 4995, this letter is a request for a TIS waiver for the new Christ Community Lutheran School. This TIS waiver was previously supported by Ed Kant. The basis for the request is that a TIS was provided for the prior site located at CR-951 and Wolf Road, .just to the south of the existing site in Project No.: 2001110058-AR-2660. This previous TIS demonstrated that traffic impacts were limited to CR- 951 and so he waived the requirement for a new TIS. A copy of the prior TIS is attached hereto for your reference. Thank you for your consideration in this matter, and if you have any further questions or require additional information, please do not hesitate to contact me Very truly yours, HOLE MONTES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD:mjr Enclosures: Copy of May 23, 2003 Metro Transportation Group TIS Cc: Nancy Lewis (w/o encl.) Dan McGahey (w/o encl.) Richard Yovanovich, Esq. (w/o encl.) W:L2001L2001119\Conditional Use for 2nd property\SN031201TISwaiverltr.doc NaPles · Fort Myers · Venice · Engiewood TRAFFIC IMPACT STATEMENT FOR CHRIST COMMUNITY LUTHERAN SCHOOL (PROJECT NO. 020503) PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 239-278-3090 May 23, 2002 /~, P. E ~ P.E. ~o: 43860 CONTENTS I. INTRODUCTION II. EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. ACCESS EVALUATION VII. ANALYSIS VIII. CONCLUSION FEB 10 200~ I. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement for the Christ CommuniW Lutheran School development. The site is located on the west side of Collier Boulevard to the north of its intersection with Wolf Road in Collier County, Florida. The site location is illustrated on Figure 1. Christ Community Lutheran School is proposing to develop a campus that will accommodate approximately 300 students. Initially, the school will have less than the 300 students with the anticipation of reaching this level approximately five years from opening day. Access to the site will be provided via three access locations to Wolf Road. Wolf Road will allow the development access to Collier Boulevard. This report examines the impact of the development on the surrounding roadways and intersections. Trip generation and assignments to the various site access drives will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. II. EXISTING CONDITIONS The subject site is currently vacant. The site is bordered to the north and west by vacant land. To the east, the site is bordered by Collier Boulevard, and to the south the site is bordered by Wolf Road. Collier Boulevard is a two-lane arterial roadway in the vicinity of the subject site. The intersection of Wolf Road and Collier Boulevard is unsignalized and allows for full turning movements. Collier Boulevard has a posted speed limit of 55 mph and is under the jurisdiction of Collier County. The Collier County 2001 Annual Update Inventory 2005. Report (AUIR) indicates the four laning of Collier Boulevard by the Fiscal Year This improvement was accounted for in the analysis performed in this report ft th~C, rd~A ultimate build-out of the site. [[[i Page I NOT TO SCALE BONITA BEACH RD 11TH AVE. SEAGATE MOORINGUNE DI NAPLES-IMMOKALEE RD. SITE RADIO RD. LOCATION WOLF ROAD VANDERBILT BE. ACH RD. SITE LOCATION ALLIGATOR ALLEY I LELY CULTURAL PK'WY FEB 1 0 20[I~ FIGURE: 1 III. PROPOSED DEVELOPMENT The Christ Community Lutheran School is a proposed development within Collier County. The campus will have an initial capacity of approximately 300 students of both elementary and middle school ages. However, it will take approximately four to five years to reach this enrollment. Thus, it was assumed that the school will contain less than 100 students the first year of operation which is projected to be the 2003/2004 school year. Table 1 summarizes the land use utilized for trip generation purposes for the subject development. Table 1 Christ Community Lutheran School Land Uses IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (1TE) report, titled Trip Generation, 6th Edition. Trip generation calculations were performed for the school based on both the opening day and ultimate build-out student enrollment. For the school use, Land Use Code 512 (Private School (K-12)) was utilized. The equations for this land use are contained in the Appendix of this report for reference. Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the Christ Community Lutheran School based on the number of students expected for both 'opening day and for the ultimate build-out of the site. The daily trip generation has been omitted because there is no daily trip rate data for Land Use Code 512 in the Trip Generation Report. ~ ~re.~ .// . ?9 FE9 lO 200/t Page 3 Opening Day Ultimate Build-out Christ Private School (100 Students) Private School (300 Students) Table 2 Trip Generation Community Lutheran School 55 35 90 165 110 275 10 20 35 60 V. TRIP DISTRIBUTION The trips shown in Table 2 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The driveway volumes shown in Table 2 were assigned to the various proposed site access drives. Based on the current and projected population in the area and other existing or planned competing/complementary uses in the area, a distribution of the site traffic was formulated. Figure 2 indicates the proposed traffic distribution for the Christ Community Lutheran School. In order to detemaine which roadway segments surrounding the site will be significantly impacted, Tables lA and 3A, contained in the Appendix, were created. Table lA is based on the opening day trip generation, while Table 3A is based on the ultimate build- out of the development. These tables indicate which roadways links will accommodate greater than 5% of the Level of Service Standard for Peak Hour - Peak Direction traffic conditions as defined by the 2001 Collier County Annual Update Inventory Report (AUIR). The Level of Service threshold volumes were obtained from the Collier County Transportation Planning Department, and are attached in the Appendix of this report for reference. Table 3A reflects the four-laning of Collier Boulevard from Golden Gate.Boulevard to Immokalee Road. The 2001 AUIR indicates the four laning of Collier Boulevard to occur in the year 2005. The Level of Service threshold volumes for the four-lane C. Boulevard were taken from the Level of Service thresholds for the existing four section to the south of Golden Gate Boulevard. Page 4 lier AC..~A ri'EM ane FEB 1.0 200~ SITE LOCATION'~ WOLF ROAD VANDERBILT BEACH ROAD 35% ~ 35 % 65 % 30 % COLLIER BOULEVARD TRAFFIC DISTRIBUTION XX% NOT TO SCALE LEGEND Perc Based on this traffic distribution, a site traffic assignment to the proposed access locations was formulated. Figure 3 indicates the site traffic assignment based on the number of students proposed on opening day. In addition, Figure 4 illustrates the site traffic assignment based on the ultimate build-out of the Christ Community Lutheran School. VI. FUTURE TRAFFIC CONDITIONS It was assumed that opening day of the Christ Community Lutheran School would occUr in the 2003/2004 school year. In addition, it was assumed that the school would reach its desired enrollment no sooner than the 2008/2009 school year. Thus, an analysis was performed, and the surrounding roadway network was analyzed based on traffic conditions existing in year 2003 as well as year 2008. Based on this projected build-out, an annual growth rate was applied to the traffic count data contained in the 2001 Collier County Traffic Count Report. The annual growth rates were determined from the Count Report. Based on the project distribution shown in Figure 2, the link data was analyzed for the traffic conditions at opening day both with and without the development traffic as well as for the traffic conditions at the ultimate build-out of the Christ Community Lutheran School both with and without the development traffic. Tables 2A and 4A in the Appendix of the report indicates the methodology utilized to obtain the opening day and ultimate build-out base year traffic volumes as well as the growth rates utilized for each roadway segment. Figure 5 indicates the year 2003 peak hour - peak direction traffic volumes and Level of Service for the various roadway links within the study area based on the opening day traffic projections for the Christ Community Lutheran School. Figure 6 indicates the year 2008 peak hour- peak direction traffic volumes and Level of Service for the roadway links based on the ultimate build-out traffic projections associated with the Christ Community Lutheran School. Noted on Figures 5 and 6 is the peak hour- peak direction volume and Level of Se' lice of each link should no development occUr on the subject site and the peak hour - ,eak FEB 10 200; Page 6 I'g.... LO .J (~) ~o -J ' AC~ENOA r FEB ! 0 ~.- Z W Z W C) C~ Z Z W 0 0 0 W J 3>~ o~ ~0 FEB 1.0 Z W Z SITE --~ LOCATION , WOLF ROAD (912 - [896- "B"] VANDERBILT BEACH ROAD 848 - "B" (867 -"B") [851 -"B"] 848 - "B" (883 -"C'~ [854 - "B"] 1046 -"F" (1062 -"F") [1049 -"F"] LEGEND XXX- 2003 Peak Season. Peak Hour. Peak Direction Background Traffic Volumes (XXX)- 2003 Peak Season,Peak Hour. Peak Direction Background Traffic Volumes Plus AM Project Traffic [XXX]- 2003 Peak Season. Peak Hour,Peak Direction COLLIER Background Traffic Volumes Plus PM Project Traffic 'X'- Level of Service Designation BOULEVARD I~"~J~J~.,.)) OPENING DAY (2003)TRAFFIC CONDITIONS NOT TO SCALE FEB Pg-..._~.~ FIGURE: 5 SITE LOCATION WOLF ROAD (1869 [1824 -"F"] VANDERBILT BEACH ROAD 1182 - "B" (1240 -"B") [1194 - "B"] 1182 - "B" (1289 -"B") [1205- "B"] 1598 - "B" ( 1647 -"B") [1608- "B"] LEGEND XXX-2008 Peak Season,Peak Hour,Peak Direction Background Tra~c Volumes J(XXX)- 2008 Peak Season. Peak Hour,Peak Direction Background Traffic Volumes Plus AM Project Traffic JXXxX]- 2008 Peak Season. Peak Hour, Peak Direction COLLIER Background Traffic Volumes Plus PM Project Traffic "'- Level of Service Designation BOULEVARD ¢~J~j'~JJ~)) ULTIMATE BUILD-OUT (2008)TRAFFIC CONDITION, NOT TO SCALE AGENDA ITrr_M /~'-- FEB ! 0 2006 direction volume and Level of Service for the weekday A.M. and P.M. peak hours with the development traffic added to the roadways. VII, PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS Figures 5 and 6 detail the Level of Service for all links inside the project's area of influence. These Levels of Service were derived based on the Level of Service thresholds supplied to Metro by the Collier County Transportation Planning Division as previously indicated. Tables IA and 3A in the Appendix details the calculations to determine the Level of Service on the analyzed links based on the opening day traffic conditions and the ultimate build-out traffic conditions, respectively. As c.an be seen fi.om Figure 5, based on the opening day traffic projections, Collier Boulevard, to the south of Vanderbilt Beach Road, is indicated to operate at LOS "F" even without the Christ Community Lutheran School traffic in 2003. Regardless of the Level of Service problems that exist on Collier Boulevard, the Opening Day traffic associated with the Christ Community Lutheran School will not impact any area roadway beyond 5 percent of the Level of Service Standard for that roadway. However, as previously mentioned, the 2001 Annual Update Inventory Report indicates funding is available for the four laning of Collier Boulevard by the fiscal year 2005. Thus, by the time the Christ Community Lutheran School nears its desired enrollment by 2008, Collier Boulevard will contain four lanes. Based on Figure 6, once the four laning of Collier Boulevard is complete, it will operate under acceptable Level of Service conditions when the desired enrollment is reached. Based on Figure 6, Vanderbilt Beach Road is expected to operate with a failing Level of Service in 2008 even without the Christ Community Lutheran School traffic. The 2001 AUIR indicates this roadway link will be deficient by the fiscal year 2005. However, no roadway improvements are planned for this roadway segment according to the 2001 AUIR. The development traffic added by this project will not cause Vanderbilt F Road to fail. Thus, the Christ Community Lutheran School will not adversely impa< surrounding roadway segments once the ultimate build-out of the school is reacher Page 11 each A~AITEM,~)" theN°' hFEB 1:0 200 addition, the developer will have to pay impact fees as a part of this development. These impact fees could be used towards the improvement of Vanderbilt Beach Road. Intersection capacity analyses were performed at the intersection of Wolf Road and Collier Boulevard. The intersection was analyzed based on the A.M. and P.M. peak hour traffic projections for Opening Day (2003) and the Ultimate Build-out (2008) of the Christ Community Lutheran School. The 2008 intersection analysis indicates a four lane Collier Boulevard. The north/south through traffic on Collier Boulevard was taken from the peak hour, peak season, peak direction traffic volumes in Tables 2A and 4A. The peak direction traffic was divided by the appropriate directional factor (D), and an opposing off-peak direction volume was calculated. The peak direction for Collier Boulevard was assumed as northbound during both the A.M. and P.M. peak hours. There is minimal traffic existing on Wolf Road, so the Christ Community Lutheran School traffic was only considered at this intersection. Based on the intersection capacity analyses performed as a result of this report, the mining movements at the Wolf Road/Collier Boulevard intersection will operate under acceptable Level of Service conditions when the project traffic is added to the surrounding roadway network under both Opening Day traffic conditions as well as when the desired enrollment is reached. Therefore, no intersection improvements will be required as a result of the Christ Community Lutheran School. VIII. CONCLUSION The proposed Christ Community Lutheran School at the northwest comer of Wolf Road and Collier Boulevard in Collier County, Florida will not adversely impact the existing roadway network. The surrounding roadway network was analyzed based on the projected traffic conditions on Opening Day of the school in 2003. In addition, the roadway network was analyzed based on the traffic projections expected when desired enrollment is reached (approximately 2008). Page 12 the AGENC)A ITE~ ' _ .... FEB 1'0 200 , Based on the analysis described within this report, Collier Boulevard to the south of Vanderbilt Beach Road is expected to operate at a deficient Level of Service when the school is opened in 2003 even without the school traffic. However, the Christ Community Lutheran School development traffic does nOt significantly impact Collier Boulevard by 5 percent of the Level of Service standard. This section of Collier Boulevard is programmed to be widened to a four lane roadway by the year 2005 based on the 2001 Annual Update Inventory Report. When this roadway improvement occurs, the Level of Service conditions on Collier Boulevard will improve to LOS "B". Thus, when the desired enrollment of the Christ Community Lutheran School is reached, the Levels of Service on all links of Collier Boulevard will be acceptable. The Level of Service on Vanderbilt Beach Road is projected to fail in the year 2005 according to the 2001 AUIR, and no roadway improvements are currently indicated on this roadway. Therefore, the roadway is expected to fail even without the traffic associated with the Christ Community Lutheran School. As such, the Christ Community Lutheran School does not adversely impact Vanderbilt Beach Road. If it is the desire of Collier County to improve Vanderbilt Beach Road, the impact fees collected as a result of this development could be used towards this improvement. Xk:~2OO2\O5~O3~l~ort.doc Page 13 FES 1:0 23,~ APPENDIX FE~ 1 0 200~ TABLES lA & 2A (OPENING DAY TRAFFIC PROJECTIONS) AC_~I~A I'I'~_M FEB 1'0 200~ UJ Z z°O I-- I-- 0 0 UJ D 0 0 o ~o~o~ Z AGENOA ITEM/! ' FEB lrO 2~IU'I p~., /..-~ Z 'Z oF__. mOu. ~o~ zttl ~1~. Oo 0 ~o 0 II II d TABLES 3A & 4A (ULTIMATE BUILD-OUT TRAFFIC CONDITIONS) FEEl 1 0 200~, ~., ~7 ~.E.O I1 LU [3. a. 0 0 I-- ~" z FEB 1 0 200~ ~Z 0o z ~z~ uJO z~ 0 0 Z Z AG4~NDA rl~M ~ FEB 1 0 200~ HIGHWAY CAPACITY ANALYSIS WOLFE ROAD ~ COLLIER BOULEVARD FEB OPENING DAY ANALYSES (A.M. & P.M. PEAK HOURS) AGENDA ITEM No. 7~ FEB 10 200.. ,,,. 7/' Two-Way Stop Control Page I of 2 TVVO-WAY STOP CONTROL SUMMARY General Info~n-~ation Site Information ~nalyst RLP Intersection Wolfe Rd ~ Collier Blvd Metro Transportation Jurisdiction Collier County Agency/Co. Group ~.nalysis Year 2003 w~ Project ~)ate Performed 5/21/2002 Analysis Time Period A.M. Peak Hour Projec-'-'--t Description Christ Community Luthe~ 0205.03 Eas'---~est street: Wolfe Road ~ Collier Boulevard Intersection Orientation: North-South tud Pedod hfs: 0.25 Vehicle Volumes and Adjustments Southbound Major Street Nodhbound ~lovement I 2 3 4 5 6 L T R L T R Volume 35 848 0 0 645 20 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Houdy Flow Rate, HFR 36 892 0 0 678 21 Percent Heavy Vehicles 0 - Median Type Undivided RT Channelized 0 0 Lanes 0 I 0 0 1 0 Configuration L T TR 0 0 Upstream Signal ~ ~ ~ ~ ~ ~ ~ Eastbound ~linor Street Westbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 10 0 25 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 0 10 0 26 Percent Heavy Vehicles 0 0 0 0 0 0 >ercent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 LR Configuration Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L T LR v (vph) 36 36 C (m) (vph) 907 237 vic O. 04 O. 15 95% queue length O. 12 0.53 Control Delay 9.1 22.9 LOS A C AC, ENO, 22.~ Approach Delay - - C Approach LOS - - ~-E~ iii 20011 file://C :\Document s%20and%20SettingsX-rlp\Local%20S ettings\Temp\u2k23 .trap I I Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst RLP Intersection Wolfe Rd ~ Collier Bird Metro Transportation lurisdiction Collier County Agency/Co. Group Analysis Year 2003 w/ Project Date Performed 5/21/2002 Analysis Time Pedod P.M. Peak Hour Project Description Christ Community Lutheran School - Project 0205.03 East/West Street: Wolfe Road ~North/South Street: Collier Boulevard Intersection Orientation: North-South ~Study Pedod (hrs): 0.25 Vehicle Volumes and Adjustments t~lajor Street Northbound Southbound Vlovement 1 2 3 4 5 6 L T R L T R Volume 6 848 0 0 645 4 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Houdy Flow Rate, HFR 6 892 0 0 678 4 Percent Heavy Vehicles 0 - - 0 - - Median Type Undivided RT Channelized 0 0 Lanes 0 I 0 0 I 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 4 0 6 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 0 4 0 6 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service ~,pproach NB SB Westbound Eastbound ~lovement I 4 7 8 9 10 11 12 ;~ne Configuration L T LR ~ (vph) 6 10 C (m) (vph) 920 215 vic 0.01 0.05 95% queue length 0.02 O. 15 Control Delay 8. 9 22. 6 LOS A C Approach Delay - _ Approach LOS - - > FEB 1'[I file,.I/O'-\Dcm, m ent~%20and%20Settin es\rlr>\Local%20Settin~s\Temp\u2k26.tmp I I ULTIMATE BUILD-OUT ANALYSES (A.M. & P.M. PEAK HOURS) · C-ENOA I'rEM ~ FEB 1 0 200~ p.., ~G/' Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst RLP Intersection Wolfe Rd @ Collier Bird Metro Transportation Jurisdiction Collier County Agency/Co. Group ~nalysis Year 2008 w~ Project 3ate Performed 5/21/2002 Analysis Time Pedod A.M. Peak Hour Project Description Chrfst Community Lutheran School- Project 0205.03 East/West Street: Wolfe Road INodh/South Street: Collier Boulevard Intersection Orientation: North-South ~Stud¥ Period (hrs): 0.25 ~/ehicle Volumes and Adjustments Major Street Northbound Southbound ~1ovement I 2 3 4 5 6 L T R L T R Volume 105 1182 0 0 899 60 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 110 1244 0 0 946 63 Percent Heavy Vehicles 0 - - 0 - - Median Type Raised curb ~T Channelized 0 O Lanes 0 2 0 0 2 O Configuration L T T T 1H Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 40 0 70 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 0 42 0 73 Percent Heavy Vehicles 0 0 0 0 0 O Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 O Lanes 0 0 0 0 0 O Configuration LR !Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement I 4 7 8 9 10 11 12 Lane Configuration L T LR v (vph) 110 115 C (m) (vph) 695 304 v/c 0.16 0.38 95% queue length 0.56 1.70 Control Delay 11.2 23.9 LOS B C AGENt A ITE~ Approach Delay _ _ 23.9 Ne, ~.pproach LOS _ _ C FEe i i 200 file://C :\Documents%20and%20Settin~sXrlp\Local%20Settings\Temp\u2k29.tmp 5/22/2002 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst RLP Intersection Wolfe Rd @ Collier Blvd Metro Transportation Jurisdiction Collier County Agency/Co. Group Analysis Year 2008 w/ Project Date Performed 5/21/2002 Analysis Time Period P.M. Peak Hour Project Description Chrfst Community Lutheran School - Project 0205.03 East/West Street: Wolfe Road INorth/South Street: Collier Boulevard Intersection Orientation: North-South ~Study Period (hrs): 0.25 Vehicle Volumes and AdJustments Major Street Northbound Southbound Movement I 2 3 4 5 6 L T R L T R Volume 15 1182 0 0 899 10 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Houdy Flow Rate, HFR 15 1244 0 0 946 10 Percent Heavy Vehicles 0 - - 0 - - Median Type Raised curb RT Channelized 0 0 Lanes 0 2 0 0 2 0 Sonfiguration L T T T TR LJpstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 10 0 25 :~eak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 lHourly Flow Rate, HFR 0 0 0 10 0 26 !Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service 6pproach NB SB Westbound Eastbound ~lovement 1 4 7 8 9 10 11 12 !Lane Configuration L T LR v (vph) 15 36 C (m) (vph) 727 388 v/c O. 02 O. 09 95% queue length 0.06 0.30 Control Delay 10.1 15.2 LOS B C- Approach Delay - - 15. , AC..-ffr. NOA IT Approach LOS - - C : ~ > FEB 1 0 ~ . / 0 0 0 tS]~'//(-'-\l-'}nonrn~nt~: ~90and Y~?O.qettin~s\rln\I .oeni ~20Settines\TemnXu2k2C.tmv q/~'Y771~ I I I I I I I ! I I I ! t ART-PLAN ARTERIAL LEVEL OF SERVICE SPREADSHEETS AGENDA ITEM FEB 10 200q i Collier Boulevard User Notes: K Factor. 0.097 Arterial AADT: Area Type: TransifioninglUrban O Factor:. 0.568 PHF: 0.910 14,708 Posted Speed: $$ mph Arterial Class: I From: Golden Gate Blvd. To: lmmokalee Road Study Period: PM PEAK Adj. SaL Flow Rate: 1,850 Section Length: 3.10 mi. Signal Type: Semiactuated I ! Peak Direction Level of Service B AADT PHV Arterial Speed 38.9 mph From To PHV Tum~ Lane~ Maximum Service Volume A B C D E t0,800 15,700 IG,800 16,800 16,800 600 870 930 930 930 Cyde L~ng~ Antval Flow v/c Coatm4 InL Unk ~IG Rate R~o LOS Spee~ LOS of Service B Level Arterial Speed 40.7 From To AADT mph % No Off-Peak Direction Ma~fmum sen~f~ volumes am not calnula~ed for ¢he off-peaK ~recOon. CI~e g/C Ler~th AITIval ~ v/¢ ~ ~- Unk Type Rate Ra~ LOS Speed LoS Immokalee Golden Gate Prin led:09/11/2 05/17/2002 ART-PLAN 4.0 Arterial Level of Service I)~d on Chapt~,r 11 of ~ 1997 Highway Oqo.~.lty IVbnud Florida Department of Transportation Systems Planning Office - May 2000 Collier Boulevard User Notes: K Factor. 0.097 Arterial AADT: Area Type: Transifioning/Urban D Factoc 0.653 PHF: 0.925 24,282 Posted Speed: 55 mph Arterial Clags: 1 From: Pine FUdge Road To: Golden Gate Bird. Study Period: PM PEAK Adj. Sat Flow Rate: 1,850 Secti0nLength: 1.t0 mi. Signal Type: Semiactuated Maximum Ser~ic~ Volume Peak Direction ^ B c Level of Service a AADT i 12,500 27,000 29,000 29,200 29,200 PHV~ 790 1,710 1,840 1,850 1,850 ArterlalSpeed 36.3 mph mneR]dge OoldenGat~ 24282 1538 12 Z0 120 0.44 ~ 4 1463 0.80 ~9_.31 C 136.3 Off-Peak Direction Level of Service B ~mum ~ v~rr~ ~ n~t c~af~ for ~ ~ak ~c~. ~edal Speed 39.9 mph Fr~ To ~ Tu~ ~ ~ Golden Gate Pi~= Ridge AGE~A i~EM ~/ FEB 1 0.200~ ART-PLAN 4.0 Aderial Level of Service Based on Chapter 11 of~e 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Vanderbilt Beach Rd User Notes: Default K Factor. 0.097 Artedal AADT: Area Type: Transitioning/Urban D Factor:. 0.610 PHF: 0.925 9,746 Posted Speed: 55 mph Arterial Class: I From: Logan Bird To: CR 951 Study Period: PM PEAK Adj. Sat. Flow Rate: 1,850 Section Length: 2.00 mi. Signal Type: Semiactuated Peak Direction Maximum ServiC~ Volume A B C D E Level of Service A AADT 12,400 15~500 1S~600 15,600 15,600 PHV 740 920 930 930 930 Arterial Speed 44.0 % No CyrJe L~ngih An~al ~ ~t: Ce~rol Int. Link Icrmn TO., J~ADT PHV Tum= ~ Length g/~ (fee~ Ty~e. Ra~e Ratio Delay LOS r~-ed LOS Lo~n B~L CR S51 g746 577 12.0 1 120 0.44 1O500 4 548.9 0.67 I. 2.5.7 C 44.0 A I ! I Level of Service A Arterial Speed From T~ CR 951 Lo~n Blvd. Off-Peak Direction Ma~dmum service volumes ara not 45,7 mph =dculafed for ~he ;fi-peak Int. Ur* LOS smed Los FEB i'0 200~ Printed:09/11/2001 11:43;45 AM TRIP GENERATION EQUATIONS AGENDA ITEM r ~? 1 0 200' I I I I I I I TRIP GENERATION EQUATIONS CHRIST COMMUNITY LUTHERAN SCHOOL ITE TRIP GENERATION REPORT, 6th EDITION Land Use I Weekday AM Peak Hour I Weekday PM Peak Hour Private School K-12 (LUC 512) I T = 0.92 (X), 60% entering I T = 0.20 (X), 38% entering T = Trips, X = # of Students RESOLUTION 04- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE USE CONDITIONAL USE 10 IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulatio& as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 10 of Section 2.2.2.3. of the Collier County Land Development Code in an .... A" Agricultural Zone for a private school on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE 1T RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Robert Duane of Hole Montes, Inc. representing Christ Community Lutheran School with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "10" of Section 2.2.2.3. Collier County Land Development Code in the "A" Agricultural Zoning District for a private school in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Page I of 2 FEB 1 0 200 1. The Department of Zoning and Land Development Review Director May approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of th euses identified and approved within this conditional use applicaiton, or major changes to the site plan submitted as part of this application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3 Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (9 i- i 02). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excacvation, or other construction related activity, an haistoric or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pursuant to Section 2.8.3.7.4 of the Land Development Code wet and dry retention areas, will be deviated to provide 3:1 sodded slopes for the retention areas. The plantings along the top bank line of the wet and dry retention areas will be staggered and varied to give a natural appearance. 4. The lighting of athletic fields for nighttime activities shall be prohibited. 5. That along the north property line from the west property line to the access roadway landscape buffer must be a Type "B" landscape buffer. BE lT FURTHER RESOLVED that this Resolution be recorded in th~ minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of 2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Pa~rick"O~i~e - Assistant County Attorney CU-2003-AR4995/DS/Io Page 2 of 2 FEB 1 0 200 I! CU-2003-AR-4995 Januar~ 15, 2004 CCPC Meeting Page 5 of 11 EXHIBIT "C" EXECUTIVE SUMMARY CU-2003-AR-4799, EDWARD B. HANF, REPRESENTING AMERICAN DREAM BUILDERS, INC. REQUESTS CONDITIONAL USE # 9 OF THE ESTATES ZONING DISTRICT FOR THE PURPOSE OF A MODEL HOME SALES CENTER. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED AT 4050 13x~ AVENUE S.W. BEING LOCATED AT THE SOUTHWEST CORNER OF 13Ta AVENUE S.W. AND COLLIER BOULEVARD (C.R.951), WHICH IS UNIT 26, TRACT 119, GOLDEN GATE ESTATES, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 5 ACRES. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced Conditional Use petition and render a decision regarding the petition to be consistent with the Growth Management Plan, compatible with the Land Development Code, and in the best interest of the surrounding community. CONSIDERATIONS: The petitioner seeks Conditional Use # 9 of the Estates (E) zoning district for a model home sales center for an additional 5 years. A temporary use permit was issued to American Dream Builders, Inc. in 1977 for a model home for a two-year period. The applicant had subsequently received approval of CU-2000-12 (Resolution No. 2000-444), which authorized a model home as a conditional use on the subject property for a period of five years (expiring November 28, 2005). FISCAL IMpACT: The county collected the impact fees at the time the building permit (g97091403) was applied for. No additional impact fees will be due. GROWTH MANAGEMENT IMPACT: Approval of this Conditional Use will not affect or change the requirements of the Growth Management Plan. The petitioner's request is consistent with the recently adopted amendments to the GGAMP that included text revisions to reflect that the CU Locational criteria were not intended to apply to the model home provisions of the LDC. Page 1 of 3 AC-~A ITEM FEE 1 0 200 ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that the subject property consists of no environmental conditions. There are no environmental issues associated with the project. significant HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition based upon the fact that this property will not be developing any further than what had been previously approved. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the January 15, 2004, CCPC meeting. The Commission motioned to forward petition CU-2003-AR-4799 with a recommendation of Approval, subject to the conditions attached to the resolution, which included limiting the conditional use to 1 year after the current CU- 2000-12 expiration date of November 28, 2005. The purpose of this recommendation is to allow time for the staff to review the intent of "Temporary Uses and Model Homes" in the GGAMP, the Commission limited the length of this request to November 28, 2006. The motion passed: 9 - 0. PLANNING SERVICES STAFF RECOMMENDATION: Staff has recommended approval subject.to the conditions attached to the Resolution. Page 2 of 3 ACtA ITEM FEB 10 PREPARED BY: I~I~HAEL J. O)L/RUNTZi P~AL PLANNER D DEPARTMEN/Y OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY B~L6W ,~HIE? PLANNER DATE DEP~MENT OF ZONING AND LAND DEVELOPMENT REVIEW OR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: CO, UNiTY DEVELOPMENT & ENVIRONMENTAL SERVI.CES ADMINISTRATOR Executive summary/CU-2003-AR-4799 Page 3 of 3 AGENDA ITEM 8-I STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES, DEPARTMENT OF ZONING AND LAND USE DEVELOPMENT DATE: JANUARY 15, 2004 SUBJECT: PETITION CU-2003-AR-4799 PROPERTY OWNER/AGENT: OWNER: American Dream Builders, Inc. 5274 Golden Gate Parkway Naples, FL 34116-0171 AGENT: Ed Hanf Vice President, Operations American Dream Builders, Inc. 5274 Golden Gate Parkway Naples, FL 34116-0171 REQUESTED ACTION: Ed Hanf, representing American Dream Builders, Inc., seeks conditional use approval in order to continue the operation of a model home in accordance with the requirements of Section 2.2.3.3 of the Collier County Land Development Code. GEOGRAPHIC LOCATION: The subject property is located at the southwest comer of 13th Avenue S.W. and County Road 951 (Collier Boulevard), which is Unit 26, Tract 119, Golden Gate Estates, in Section 15, Township 49 South, Range 26 East, Collier County, Florida (See Location Ma b Exhibit 1). The address of this property is 4050 13th Avenue S.W. AGENDA i~'~EJ~' FE~ 1 0 '~"~.'. Page 1 of 7 CU-2003-AR-4799 CCPC MTG. 1/15/04 LOCATION MAP EXHIBIT CU-2003-AR-4799 CCPC MTG. 1/15/04 Page 2 of 7 AGENDA ITE~ ~ FEB 1 0 200~ PURPOSE/DESCRIPTION OF PROJECT: American Dream Builders, Inc. own the subject 5 acre site, which contains a model home and sales center with a small paved parking area and a larger graveled parking area. A temporary use permit was issued to American Dream Builders, Inc. for use of the existing structure as a model home in 1997 for a period of two years. The applicant had subsequently received approval of CU-2000-12 (Resolution No.2000-444), which authorized a model home as a conditional use on the subject property for a period of five years (expiring November 28, 2005). The petitioner now seeks another Conditional Use for a model home and sales center for a period of five years. As depicted on the site plan, the subject prop.erty is mostly wooded, while the access to the model home and parking area is from 13th Avenue S.W (See Site Plan, Exhibit 2). SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East: South: West: Model Home and Sales Center, zoned "E" Estates Florida Homes Model Homes and Sales Center, zoned"E" C.R. 951 right-o~way, zoned"E" Undeveloped, zoned"E" Undeveloped, zoned"E" CU-2003-AR-4799 CCPC MTG. 1/15/04 Page 3 of 7 AGENDA ITEM FEB 1 0 200 GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The subject property is designated "E" Estates on the Golden Gate Area Master Plan (GGAMP) Future Land Use Map of the Growth Management Plan. The former Planning Services Director on April 27, 2000 interpreted that the intent of the CU Locational criteria in the GGAMP was not intended to apply to the model home provision in the LDC and has interpreted that the GGAMP CU provisions were not intended to preclude model home as conditional uses. On September 10, 2003, the Board of County Commissioners adopted amendments to the GGAMP that included text revisions to reflect the referenced interpretation; however, those amendments are not yet in effect. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will continue to be provided from C.R. 951 (Collier Boulevard) via 13th Avenue S.W. The County Transportation Department has scheduled the widening of C.R. 951 to six lanes in 2005. An additional thirty-five feet will be required from the adjoining portion of this property to complete this project. The additional right-of way will come within 41.3 feet on the existing model home and 17 feet to the septic drain field. An existing sidewalk parallels C.R. 951 across the frontage of this property. No sidewalks exist on 13th Avenue S.W. The Transportation Department has requested that a five-foot wide sidewalk constructed to the County's minimum standard be constructed along the 13th Avenue S.W. along the entire frontage of this property. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The site is well buffered between other uses and should not produce any glare, n, obnoxious odors. A distance of approximately 150 feet separates existing structure fi adjoining property to the south and approximately 300 feet separation to the west. CU-2003-AR-4799 CCPC MTG. 1/15/04 Page 4 of 7 am th~~s I~ The~ · FEB 1 0 200~ areas have been left relatively undisturbed. To date there has been no evidence of any negative impacts to surrounding properties or any complaints from the neighbors. 4. Compatibility with adjacent properties and other property in the district. The proposed use is not incompatible with the surrounding neighborhood, which includes other model home and sales centers to the north and east and undeveloped properties to the south and west. The subject property is well buffered since approximately one-half of the property is undeveloped and partially wooded. Traffic and noise impacts will not be significant. The model home and sales center is similar to a single-family residential structure and will be used for single family after expiration of the model home and sales center use. NEIGHBORHOOD INFORMATION MEETING: The "Neighborhood Information Meeting" was scheduled for Thursday, December 4, 2003, at 6:30 p.m. This meeting was held at 4050 13th Ave. S.W., and is the facility for the proposed model home sales center. There were no neighbors that came to the meeting. The only persons that were in attendance were the applicant, Ed Hanf, and myself. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-4799 to the Board of Zoning Appeals, subject to the following conditions: 1. This conditional use approval shall expire five years from its original date of adoption. Should the property owner wish to continue the approved use beyond five years, the property owner shall reapply for another conditional use or comply with applicable land development regulations at the time of expiration of this conditional use. 2. The Zoning and Land Development Director may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Review and approval, of the Collier County Land Development Code (Ordinance 91-102). 3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4. Pursuant to Section 2.6.33.4.1.2 of the Land Development Code, the model home sales center is not intended to allow the full scope of real estate activities and shall be Page 5 of 7 CU-2003-AR-4799 CCPC MTG. 1/15/04 A A ITEM FEB 1 0 200 primarily to the sale and marketing of the model, or products similar to the model. A model home shale not include offices for builders, contractors, developers, or similar activities. 5. A sidewalk shall be design and constructed, to the County's "Local Road" standards, along the entire frontage of this property on 13th Avenue S.W. within six months from the approval date of this request. CU-2003-AR-4799 CCPC MTG. 1/15/04 Page 6 of 7 AGENDA ITEM FEB 1 0 2004 ,9' P ~PA. B : MICHAEL J.~DERUNTZ, C..Q.F.~, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: I~,AY ~J~EI~LOWS, CHIEF PLANNER DATE-' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .,,~USAN MURRAY, AICP,/~IRECTOR DATE' ~" ~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: /JpSEPH K. §Ci~IMITT, ADMINISTRATOR DATE' - //COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier Co nty Planning Commission: RUSSELL A. BUDD, CHAIRMAN DAT Staff report for the Decemberl 8, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the January 13, 2004 Board of County Commissioners Meeting Attachments: A. B. C. D. CU-2003-AR-4799 Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval CCPC MTG. 1/15/04 Page 7 of 7 AOENOA ffEM · FEB 1 O 200~ Pg.. APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ~ ABOVE TO BE COMPLETED BY STAFF CU-2003-AR-4799 PROJECT #2003040011 DATE: 10/7/03 MIKE DERUNTZ General Information State FL. Zip~3r.~G_'%(o'3c e Name of Applicant(s) Applicant's Mailing Address city Applicant's Telephone # Applicant's E-Mail Address: ~__ ~r~ ~1~ ~. ~'~D ~> ~ o vvt o..~ ~ Name 0f Agent ~-.~,.~r,~ ~', ~r-~,x~ Finn -_~o~v,.~. ~a. /~oo.~_ Agent's Mailing Address City State Zip Agent's Telephone # Agent's E-Mail Address: Fax # * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. AGENDA ITEM '70 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 APPLICATION FOR PUBLIC HEARING FOR ¢ONDmONAL USE- 2/27/0~ FEB i§ 200q PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: City City State __ Zip. State __ Zip. Mailing Address City State ~ Zip__ Name of Master Association: Mailing Address City State ~ Zip MailingA~ldress z~4~ ~.4~4~' ~t 'i,./~',.- ' City _i'-1~,~.:~ State¢~ Zip ~41¢o~'z.~O 2. Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentagel OO ~oOwnership APPLICATION ltOR PUBLIC IIK~RING FOR CONDITI0fl~I~ U~E- 2/27/03 FEB 1 0 i If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address ~/~ Percentage of Interest do If the property is' in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address' Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: ~PPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 2/27/03 L AGF..NOA ITEI~' t'0 20C' f. parties, list all If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address o Date subject property acquired ]~leased ( ):. Term of lease If, Petitioner has option to buy, indicate date of option: ', terminates: , or anticipated closing date yr./mos. and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. ~ Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: Plat Boold Township: 4 9 Range: t]4oe~Tw [~el Subdivision:~,,~,~,uo Page ~: 1 5 Prope~ I.D.S: ~ 9~ i o Metes & Bounds Description: e' Size oforouertv: ~;~O ft. X 6 60 ft. =Total Sq. rt.Z i-4-~OoAcres Address/general location of sub|ect property.: 40 ,~>o ['~ '~ lJ2h-x/~ 6. Adjacent zoning and land use: ~,I'PLICATION FOR PUBLIC HEARING FOR (~ONDITIONAL USE - FEB 1 0 200 r Zoning Land use Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book Page ti: Property I.D.ti: Metes & Bounds Description: Type of Conditional Use: This application is requesting condi.'tional use ti q the ~¢~lre~ district for (T~EOI:US£) of Present Use of the Property:. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable, Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). at Describe how the project is consistent with the Collier County Land Develop~ and Growth Management Plan (include information on how the request is with the applicable section or portions of the future element).~hL~ 4~oe¥ ~ .~'A'~o~e ~ '~o3~ ~. ;k~'M~-fm-,~¥ APPLICATION FOR PI~BLI(~ HEARING I~)R (2ONDITIONAL USE - 2/27/03 b. Describe the existing or planned means of ingress and egress to the property and · ' proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe:'3g<. ~'~"¢~'~3 rn~-an~ cfi c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: d. Describe the site's and the proposed use's compatibility with adjacent properties and ~ . . other prooerties in the distdct: Oar ,,,,,,t,A h,~ Ye.~,, ~, Ok,'- ~oc,~.~ .C~ e. Please provide any additional information which you may feel is relevant to this __ ,-,_ request. ~m~r,~..~¢o.~,, 'F,g,~$,l~l~.% '~.t,¢. V~s r~ ,~l,~.d.1 ,~-~,~ ~.~.~ Deed RestrictionS: The County is legally precluded from enforcing deed r however, many communities have adopted such restrictions. You may wish to APPLI(~ATIO~] FOR PUBLIC HEARING FOR CONDITIONAL USE- FEB i0 200t ;strictions, -. ;ont~. the / ~ 10. 11. civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? ~ o. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; bo Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; ~ · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); ¢. An Environmental Impact Statement (Els), as required by Section 3.8. of the Land Development Code CLDC). within the previous twelve months), minimum scale of one inch equals 400 be submitted. Said aerial shall identify plant and/or wildlife habitats boundaries. Such identification shall be consistent with Florida Depa Transportation Land Use Cover and Forms Classification System. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken ~et, s~X~A rr~.' +~PPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - ?d27~03 nent o~ FEB I 0 200 e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. " Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U~E- 2/27/03 FEB STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST MAILING ADDRESS: t ->yl s CITY ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): e LEGAL DESCRIPTION: Section: ~ ~ Township: ~- ~ .j=~: 2 G P. Ic, ck: [ { ~ Subdivision: Range: Plat Book '3C Page #: i ~ Property I.D.#: Metes & Bounds Description: (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM ~] b. CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAH.Y DEMANDS: WATER-PEAK td/.~ AVERAGE DAILY A. B. SEWER-PEAK rJ/t~ AVERAGE DAILY APPLICATION FOR PUBLIC HEARING FOR CoNomONAL USE- 2/27/03 FEB 1'0 200 /cfi 10. 11. 12. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PL. Ep, SE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED:t4/r,g~. . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service'system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the staterhent %hall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or othenvise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement fi.om that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement ~ 10117/97 APPLICATION FOR PUBLIC HEARING I~QR g~'QNDITIQNAL USE - 2~?~)~ FEB 1"0 2006 CONDITIONAL USE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 20* 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 20* 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 ~ attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application'Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commissioners 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that ali property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting Written account of meeting. 15. Other Requirements - * Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessaxy submittal information ~ mv result in delay of rocessing of this petition. eApplicant/Agent Si(~_gtur Date APPLICATION FOR PUBLIC HEARING ]FOR CONDITIONAL USE- 2/27/03 .J~7~-~A ~ No. '7a FEB 1 0 2004 RESOLUTION NO. 04~ A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 5 ACRES. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the Collier County Land Development Code in an "E" Estates Zone for a model home and sales center on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made conceming all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The petition, CU-2003-AR-4799, filed by Edward B. Hard, of American Dream Builders, Inc, with respect to the property hereinafter described as: All of Tract 119, Golden Gate Estates, Unit No. 26, according to the plat thereof recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida, Page 1 of 2 AGENDA FEB 1 0 200 Is hereby approved for Conditional Use 9 of Section 2.2.3.3 Collier County Land Development Code in the "E" Estates Zoning District tora model home and sales center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATYEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK Approved as to Form and Patrick G. White Assistant County Attorney CU.2003-AR-4799/MD/Io Page 2 of 2 FEB 1'0 2004 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CUo2003-AR-4799 The following facts are found: o Section 2.2.2.3.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management Plan: Yes t// No Bo 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: Co Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: o 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 V// No Based on the above findings, this conditional use should, with st~~ (copy attache, (should not) be recommended for approval DATE: ! FEB 0 200 N. OO'Ig'IO'E. N. O0 '£$'I.2'6. 330.00'(P) 330.00'¢N) S. 00'I8'57%/. o 2£9.88' 220.00'¢P) CU-2003-AR-4 PROJECT #2{ FEB fo 2. DATE: 10/7/03 MIKE DERUNTZ Conditions for Approval of Conditional Use CU-2003-AR-4799 (January 15, 2004) This conditional use approval shall expire one (1) years from its original expiration date of CU-2000-12 (November 25, 2005). Should the property owner wish to continue the approved use beyond the one (1) year extension, the property owner shall reapply for another conditional use or comply with applicable land development regulations at the time of expiration of this conditional use, The Zoning and Land Development Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 91-102) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the Course of site clearing, excavation, or other construction activities a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4. Pursuant to Section 2.6.33.4.1.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of. real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. A sidewalk shall be design and constructed, to the County's "Local Road" standards, along the entire frontage of this property on 13th Avenue S.W. within six months from the approval date of this request. Exhibit "C" AGENDA FEB 1 0 EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE AN ORDINANCE TO PROHIBIT FISHING ON DESIGNATED BRIDGES WITHIN COLLIER COUNTY, WHICtt ORDINANCE ALSO (1) DIRECTS THE COUNTY ADMINISTRATOR TO POST APPROPRIATE SIGNAGE; (2) AUTHORIZES THE COUNTY ADMINISTRATOR TO DETERMINE THOSE OTHER COUNTY BRIDGES UPON WHICH FISHING OUGHT TO BE PROHIBITED; (3) PROVIDES FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; (4) DIRECTS THAT THE ORDINANCE BE INTERPRETED CONSISTENT WITH F.S. 316.1305, FISHING FROM STATE ROAD BRIDGES; (5) REPEALS AND SUPERSEDES RESOLUTION NO. 2002-204, WHICH ESTABLISHED A FISHING PROHIBITION FROM BRIDGE NO. 030210; (6) PROVIDES FOR THE INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND (7) PROVIDES FOR AN EFFECTIVE DATE. OBJECTIVE: To adopt an Ordinance to prohibit fishing on designated bridges within Collier County, which Ordinance also (1) directs the County Administrator to post appropriate signs on these bridges stating that fishing from the bridge is prohibited; (2) authorizes the County Administrator to determine those other county bridges upon which fishing ought to be prohibited, and, with approval of the Board of County Commissioners by resolution, cause appropriate signage to be posted; (3) provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be interpreted consistent with F.S. 316.1305 (concerning fishing prohibitions on state road bridges); (5) repeals and supercedes Resolution No. 2003-204, which established a fishing prohibition from Bridge No. 030210 on Plantation Parkway over the Everglades Drainage Canal, which prohibition is incorporated into this Ordinance; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date. CONSIDERATION: The Traffic Operations and Alternative Transportation Modes Department has received complaints regarding traffic conflicts caused by people fishing from bridges within Collier County. Upon inspection of the bridges, this department concurs with the safety concern as the bridge construction leaves no safe area for individuals to cast nets or lines from the bridge. Due to the nature of casting, individuals must either step into the driving lanes or swing their nets or fishing lines over the driving lane when casting out into the waterways. This creates a safety concern for both the individuals casting and the drivers crossing the bridge. As there is no ordinance previously adopted by Collier County to address this issue, the attached Ordinance has been drafted to enable the Board of County Commissioners to prohibit fishing from the following specified bridges: ao b. Bluebill Avenue: Bridge No. 030149 C. Plantation Parkway: Bridge No. 030210 d. Chokoloskee Causeway: BridgeNo. 030161 Vanderbilt Drive: Bridge No. 030177 and Bridge No. 030176 FEB 110 20O41 In accordance with Chapter 318, Florida Statues, as a noncriminal traffic violation, violation of the Ordinance will be punishable as a pedestrian violation, with each violation subject to the Florida statutory fine, which is presently $15. The Ordinance was drafted with the input of the Collier County Sheriff's Office Legal Department, and is to be interpreted consistent with Florida Statutes Sec. 316.1305 (concerning fishing prohibitions on state road bridges). In keeping with the same mechanism as provided in Chapter 130 of the Collier County Code of Laws and Ordinances (Traffic and Vehicles), the Ordinance directs the County Administrator to post appropriate signs notifying the public of this prohibition, and to determine those other county bridges upon which fishing ought to be prohibited, subject to approval of the Board of County Commissioners by resolution. This Ordinance also repeals and supersedes Resolution No. 2002-204, which established a fishing prohibition from Bridge No. 030210 on Plantation Parkway, which prohibition is incorporated into this Ordinance. '~FI. SCAL IMPACT: The estimated cost for the installation of the new signs is $1,000.00 (10 signs @ $100 each). Funds are available in Road and Bridge Fund 101. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is the recommendation of this Department that the Board of County Commissioners approve the attached Ordinance, known as the "Fishing Prohibition on Bridges Ordinance"; authorize the Chairman to execute this Ordinance to prohibit fishing from the specified bridges within Collier County; authorize the inclusion of this Ordinance into the Collier County Code of Laws and Ordinances; repeal and supersede Resolution No. 2002-204, direct the County Administrator to have the Traffic Operations and Alternative Transportation Modes Department install appropriate signing at the aforementioned bridges, and to notify the Sheri~ ~dinance... PREPARED BY: Jeft~/ey A. Kl[t~kow Ass~sta~o n Attorne . Robe~ W. Tipton, P.E., County. Traffic Operations Engineer Diane B. 1]lagg, Traffic 9~erations & Alternative Transportation APPROVED BY: Nohna/{i~. Feder,'A.I.C.P., Transportation Division Administrator Attachment No. I - Proposed Ordinance Date: December 16, 2003 Date: Date: l,,2-t~'.- o3 Date: No.A. GEN tA{ EM FEB 10 200 ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROHIBITING FISHING ON DESIGNATED BRIDGES WITHIN THE COUNTY; PROVIDING PENALTIES FOR VIOLATION; REPEALING AND SUPERSEDING RESOLUTION NO. '2002-204; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is hereby found and determined by the Board of County Commissioners that fishing from certain designated bridges, or portions thereof, is detrimental to traffic safety or dangerous to human life. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 316, Florida Statutes, and other applicable provisions of law. SECTION TWO: RESTRICTED BRIDGES; PUNISHMENT; INTERPRETATION. (1) Fishing is hereby prohibited on the following bridges: Vanderbilt Drive: Bridge No. 030177 and Bridge No. 030176 Bluebill Avenue: Bridge No. 030149 Plantation Parkway: Bridge No. 030210 Chokoloskee Causeway, Bridge No. 030161 The County Administrator is hereby directed to post appropriate signs on these bridges stating that fishing from the bridge is prohibited. The County Administrator is further authorized to determine those other county bridges upon .which fishing ought to be prohibited, and with approval of the Board of County Commissioners by resolution, shall cause appropriate signage to be posted. (2) Fishing from a bridge upon which has been posted signs as provided in subsection (1) is a noncriminal traffic violation, punishable as a pedestrian violation as provided in ~Chapter 318_, Florida Statutes. FEB 10 2OO' (3) This Ordinance shall be interpreted consistent with F.S. 316.1305, Fishing from state road bridges. SECTION THREE: REPEALING AND SUPERSEDING RESOLUTION NO. 2002-204. Collier County Resolution No. 2002-204, which established a fishing prohibition from Bridge No. 030210 on Plantation Parkway over the Everglades drainage canal, being incorporated into this Ordinance, is hereby repealed and superseded in its entirety as of the effective date of this Ordinance. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinances may be renumbered or relettered to accomplish such, and the Word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This ordinance shall become effective upon filing with the Florida Department of State. this PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, ~ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR[DA BY: BY: Deputy Clerk , Chairman A~prqved al Jeffrey A. K Assistant Co and legal IOW Attorney No. ~" ~" FEB 1 u 20 q p, EXECUTIVE SUMMARY PUDZ-2002-AR-3411 ROBERT J. MULHERE, AICP, OF RWA, INC., REPRESENTING THE APPLICANTS, CARL M. NAGEL, MANAGING PARTNER OF CDN PROPERTIES LLC, AND THOMAS CRAIG, CRAIG CONSTRUCTION AND RESTORATION, INC., REQUESTING A REZONE FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS NAGEL-CRAIG BUSINESS PARK PUD TO ALLOW A MAXIMUM OF 417,000 SQUARE FEET OF BUSINESS PARK LAND USES IN BUILDINGS NOT TO EXCEED 42 FEET IN HEIGHT FOR 37.54- ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR-951) APPROXIMATELY lA MILE NORTH OF VANDERBILT BEACH ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: Staff is requesting that the Board of County Commissioners consider this petition to rezone the subject site from "A" to "PUD" to allow for the development of a Business Park PUD project that would authorize a maximum of 417,000 square feet of total leasable floor area. This project is consistent and compliant with all the applicable codes and regulations. Approval of this project should maintain this community's interests and further the goals, objectives and policies of growth management rules of Collier County. CONSIDERATIONS: The proposed Nagel-Craig Business Park PUD is proposed to allow development of a Business Park. The petitioner has considered the Purpose and Intent of the Business Park (BP) zoning district Land Development Code (LDC) Section 2.2.16 V2. quoted below: The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and bus/ness/professional offices which co~nplement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with Iow structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the Urban Mixed Use, Urban Commercial, and Urban-Industrial Districts of the Future Land Use Element of the Collier County Growth Management Plan. In addition, the proposed project has been found consistent with the Growth Management Plan (GMP), as specifically addressed by staff with a special timing limitation contained in the effective date portion of the enacting Ordinance. This particular matter requires the Board's special consideration. At issue is the Collier Boulevard roadway classification at this location. Both the GMP and LDC require a Business Park to have direct access to an arterial roadway, as discussed at length in the GMP Impact section of this summary. Collier Boulevard at the subject location is not so classified; it is currently classified as a collector road. Nagel Craig Business Park PUDZ-2002-AR-3411 EXECUTIVE SUMMARY.doc Pagelof6 FEB 1 0 2004 ]That timing constraint states that action on this petition is NOT effective until the roadway designation has been changed. The specific language states: This Ordinance shall not become effective until it is filed with the Secretary of State, and until the Collier County Functional Class Map in the Transportation Element of the Collier County Growth Management Plan (Map TR-3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective, except that if the change required above to identify Collier Boulevard as an arterial roadway has not been adopted and become effective within one year from the date that the Board of County Commissioners adopts this Ordinance, then this Ordinance will not become effective and any implied PUD approval is deemed null and void. Thereafter, the project would be required to be resubmitted and reviewed in compliance with the entire public hearing process that would be required for a new PUD rezoning under LDC requirements in effect at that time. This is a Board of County Commissionerg policy decision relative to the GMP. Comprehensive Planning staff's review of this petition provides an in depth analysis of this issue, as quoted below: The petitioner has provided a letter dated 7/30/03 from Don Scott, Transportation Planning Director, indicating the Transportation Planning Department intends to initiate a GMP amendment to change the designation of Collier Blvd. to an arterial roadway; the petitioner would like the County to approve this rezone contingent upon that GMP amendment being adopted and becoming effective. If the Transportation Element were successfully amended to change the classification of Collier Blvd. to an arterial, then the Business Park Subdistrict direct access criterion would clearly be met. The one potential issue staff sees is one of timing -it is a policy decision for the BCC whether or not to approve a rezone contingent upon a GMP amendment ("cart before the horse"). The BCC has certainly done this before but it was in context of the EAR-based amendments adopted in 1997 and not at issue with DCA, but not put into effect until May 2000 - the BCC did approve a handful of rezones contingent upon those EAR-based amendments becoming effective. The question there was when will the GMP amendments become effective, not if they will become effective, as is the case here. Though staff does not anticipate the BCC denying the classification change, nor do we anticipate a non-compliance finding by DCA, nor do we anticipate a Challenge being filed to a DCA compliance determination, all of this is unknown. The petitioner has, at staff's request, added a statement to the PUD - in the Statement of Compliance, and in Sections III and IV - that "No subsequent development orders wit be approved until an amendment to the Transportation Element has been adopted and become effective that changes the classification of Collier Boulevard (C. R. 951) to an arterial road." Zoning & Land Development Review staff believe this project is otherwise consistent with the overall goals, objectives and policies of the GMP, as previously noted, and believes that the timing constraint included in the enacting ordinance adequately addresses the roadway issue, but leaves the final determination of policy for the Board of County Commissioners. Transportation Department staff has reviewed the petition and has come to agreement with the petitioner regarding right-of-way reservations along Collier Boulevard and Wolfe Road, to address potential and planned improvements to those roadways. These concerns have been adequately addressed in the Transportation Section of the PUD document. In addition, Transportation Planning staff (Don Scott) provided a letter to the petitioner on July 30, 2003, stating the inte ~t to pursue a change in the roadway designation, as follows: Ac/.~,~ ¢~/~ No. Nagel Craig Business Park PUDZ-2002-AR-3411 EXECUTIVE SUMMARY Page 2 of 6 FEB 1 0 200~ pg. ~ "....it is the intent of the Transportation Planning Department to amend the Plan to revise the nomenclature utilized (in both the County's Access Management Plan, as amended by Resolution 01-247, and in the Comprehensive Plan) to refer to roadway classes rather than the more generic terms of "arterial and collector" and the like. As you are aware, the Plan amendments have not occurred to date. Nevertheless, Transportation Planning does still intend to amend the Traffic Circulation Sub-Element and the Collier County Functional Classification Map (TR-3) to reflect the actual functional classification of these and other roadways. FDOT, with the assistance of the County is re-doing the functional classifications of afl of the roadways to be consistent with current conditions. Both Vanderbilt and CR 951 will be classified as arterials, at that time, consistent with their function. It is expected that these amendments will occur in the next (2004) GMP amendment cycle, as part of the County's Evaluation and Appraisal Report (EAR) process." Zoning & Land Development Review staff has reviewed the project and has recommended approval of the rezoning as we believe the project meets the intent of the Business Park zoning district. This petition is in compliance with all other requirements and the petitioner has reduced the list of uses to less than what would be permitted in the Business Park zoning district overall, and further refined the proposed use list to address staff's concerns and those of the neighbors. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be redeveloped. The fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off, et the impacts of each new development on public facilities. These impact tees are used to fund projects in the Capital Improvement Element needed to maintain adopted Levels of Service (LOS) 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. Development takes place in an environment of concurrency management. When Level of Service requirements fall below adopted standards, a mechanism is in place to stop building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. This project seeks to develop a maximum of 417,000 square feet of leasable floor area, however it is not known whether that square footage will be industrial or commercial uses, so staff must make an assumption to calculate potential impact fee payments. Therefore, staff has calculated the potential impact fees based upon the assumption of 100 percent build out of general industrial uses. It should be noted, however, that impact fee payments vary by land use type and this zoning approval does not provide the level of specificity to determine how many square feet could be devoted to any particular use, or more importantly, which uses will ultimately be developed. Zoning approval grants the developer the ability to choose from a list of approved uses; the actual use determination is not provided to county staff until much later in the development process. ?D Nagel Craig Business Park PUDZ-2002-AR-3411 EXECUTIVE SUMMARY Page 3 of 6 FEB 1 0 200q TPYE OF IMACT FEE REQUIRED PAYMENT DUE FROM THIS PROJECT Road $ 5,233.00/1000 square feet $ 2,182,161.00 Fire Correctional Facilities 0.30/square foot 0.0312/square foot 125,100.00 13,010.00 EMS 41.00/1000 square feet 17,097.00 TOTAL $ 2,337',368.00 The total impact fee shown above is a very rudimentary estimate. Additionally, there is no guarantee that the project at build out will maximize its authorized level of development. Other fees collected may include building pelTnit review fees and utility tees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the Community Development Review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally, additional revenue is generated by application of ad Valoretn tax rates. The revenue that will be generated depends on the value of the improvements. At this point, a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. GROWTH MANAGEMENT IMPACT: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. In addition, the Urban-Mixed Use District, Business Park (BP) Subdistrict, contained in the Future Land Use Element (FLUE) permits a mix of industrial uses and non-industrial uses. This rezone request is consistent with this Business Park Sub-district by providing specific uses and development standards. ENVIRONMENTAL ISSUES: The Environmental Review staff has reviewed the petition and the PUD document and have addressed any concerns within the PUD document and the Master Plan. This petition qualified for a waiver from the Environmental Advisory Council (EAC) and the petition was therefore not heard by that body. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not hear this petition as noted above. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was originally scheduled for the December 18, 2003, hearing, but was continued by the petitioner to allow time to meet with the neighbors. The petition was heard at a public hearing on January 15, 2004. By a unanimous vote (9:0), the CCPC forwarded Petition PUDZ-2002-AR-341 t to the Board of County Commissioners (BCC) with a recommendation of approval subject ~_ AGeNdA I~./~ i FEB 1 0 200 Nagel Craig Business Park PUDZ-2002-AR-3411 EXECUTIVE SUMMARY Page 4 of 6 made by the petitioner during that hearing. The Planni?~, ~: ', mmissioners voting for approval indicated that the petition was consistent with the Growth Ma~,~c'ment Plan and all applicable development regulations, as limited by the enacting ordinance, the I'll ) J, ,cument, and the Master Plan. Numerous meetings have been held between the petiti,;,:ct' for their agents) and the property owners within Vanderbilt Country Club. It appeared at the i'! ~r~ing Commission hearing (CCPC) that no objection to this petition remained and agreement had i_~r~ reached among the parties. One property owner from Vanderbilt Country Club spoke at the C('i', ' '' ~ring in support of the petition. However, some property owners have raised opposition since th:~ ::,: ',~ng, and there may be additional meetings between the petitioner's agents and the neighboring ':~ ',:fy owners prior to the Board of County Commissioner's hearing, and there may be opposititm . I at the Board of County Commissioner's heating. As a result, this petition could not be placed, ,~ ~ ..~ 5mnmary Agenda. DEPARTMENT OF ZONING & LAND DEVKi.i)PMENT REVIEW STAFF RECOM- MENDATION: Staff recommends approval of Petition PUDZ-2002- \ 1~- ~411 sub. ject to the stipulations contained in the PUD document and as otherwise described by tin,: ~ . ' r~ :[qce of Adoption and Exhibits thereto. Nagel Craig Business Park PUDZ-2002-AR-3411 EXECUTIVE SUMMARY Page 5 of 6 Ar-_W. NOA rrEM., - gEB 1 0 200~ PREPARED BY: KAY~DEfi/~L~EM, AI~-P, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: /-- z7.-o z RAY BFi~/LO~S~ CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: STRATOR 'DATE VIMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Nagel Craig Business Park PUDZ-2002-AR-3411 EXECUTIVE SUMMARY.doc Page 6 of 6 FEB 1 0 200/~ AGENDA ITEM 8-F SUPPLEMENTAL STAFF REPORT TO: FROM: HEARING DATE: RE: COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JANUARY 15, 2004 PETITION: PUDZ-2002-AR-3411; NAGEL-CRAIG BUSINESS PARK PUD SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission (CCPC) was scheduled to hear this petition at the December 18, 2003, meeting. The petitioner sought and received a continuance until January 15, 2004, to allow the petitioner's representatives the opportunity to meet with some Vanderbilt Country Club property owners who had contacted him. The property owners asked that changes be made to the project's proposed uses, mo limit or delete some of the uses proposed within the project. Meetings were conducted between the petitioner and those property owners during the week of December 29, 2003; negotiations are still underway, with correspondences pending as this report is being prepared (January 5, 2004). Due to the holidays, the negotiations have not been finalized. The petitioner will present a revised PUD document at the CCPC hearing and explain the changes proposed. The current PUD document was forwarded to the CCPC as part of the staff report for that December 18, 2003, hearing. In addition, the petitioner has revised Deviation # 1, withdrawing that portion of the deviation seeking to reduce the eastern perimeter project buffer (along Collier Boulevard/CR 951). Staff is supportive of this change. A copy of the petitioner's revised Schedule of Deviations is attached. The Department of Zoning and Land Development Review staff recommendation remains the same. Staff is still recommending approval of the overall rezoning to PUD. Initial analysis indicated that this PUD was consistent with the Growth Management Plan and the project would be compatible with the surrounding neighborhood. In general, although staff has not reviewed the proposed changes, staff most likely will not have any objections to the proposed changes because the changes should result in a less intense project, thus approval remains justified. Staff recommends that the Planning Commission forward this petition to the Board of County Commissioners with a recommendation of approval. Supplemental Staff Report 1-5-04.doc NageI-Craig Business Park PUD-2002-AR-3411 Page 1 of 2 .... oREP.._AP~_ p_By: .............................. ~kY bE~'ELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: ~Y~~ LLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: /- 5'-- ODe/ATE JOS~H K: SCi~Iv~TT ~ DATE C~MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: .----RUSSELL A. BUDD, CHAIRMAN Attachment: Revised Schedule of Deviations, dated January 5, 2004 AGENDA ITj~~ FEB 1 0 2004 Pg._ NacjeI-Craig Business Park PUD-2002-AR-3411 Supplemental Staff Report 1-5-04.doc Page 2 of 2 SCHEDULE OF DEVIATIONS (AND NARRATIVE EXPLANATION AND JUSTIFICATION) -l¥--D~Vi~tion-fro-m-LDO Se-ction-2:271'6- ½~2:4-(7)-to-'allow-for-a-five~foot reduction-in-the--- required northern, and southern perimeter buffers from 25 feet to 20 feet. These 20-foot- wide buffers shall be designed to be opaque within one year with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center and a meandering LDC Type D landscape buffer hedge. In addition, a minimum of 50 percent of the buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. Explanation and Rational for Deviation Request: LDC Section 2.2.16 ~.2.4 (7) reads as follows: A 25-foot wide !andscape buffer shall be provided around the boundary of the business park A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm~wall combination. The project is unique in that it will be surrounded on three sides (north, east & south) by roadways (two of which do not currently exist and which will be facilities, in part, by reservation/dedication of land from Nagel-Craig Business Park). To the north is Wolfe Road, which is intended to become a public road at such time as all necessary ROW is reserved and acquired. The Nagel-Craig PUD provides for a 40-foot wide reservation (for first 500 feet east of Collier Boulevard) and a 30-foot reservation along the balance of the project's northern boundary for Wolfe Road. Wolfe Road will provide a significant public benefit by reducing impacts on the intersection of Collier Boulevard and Vanderbilt Beach Road, by allowing residents and guests, and employees and clients of properties along Wolfe Road ~,,a ,~, ~h~ north and west of Wolfe Road to travel north and south without impacting this intersection. The same benefit is derived from the smaller loop road that will be constructed around the newly approved shopping center in Mission Hills PUD to the south of the Nagel-Craig PUD. A significant portion of this loop road is located on Nagel Craig PUD property. Once constructed, the road will be dedicated to, and maintained by, the County. Transportation staff requested both the smaller loop road and Wolfe Road. There is a significant public benefit to the widening of Collier Boulevard and the establishment of the loop road and Wolfe Road. This request simply minimizes the impacts of these reservations on the property owner, without compromising the intent of the perimeter buffer requirements. The requested 20- foot wide buffer will be visually attractive given the planting requirements. The five-foot reduction will not will not be discemable to passing motorists and pedestrians, nor will it have a deleterious impact on the health and survivability of the plantings. The buffer will be designed to be virtually opaque within one year. To approve such a deviation will not set a precedent, as there are no other known examples of business park district zoning surrounded on three sides by roads to be or roadway easements to be dedicated by the applicant, as is the case here. Nagel-Craig Business Park; PUD-2002-AR-3411 Page 1 of 5 Schedule of Deviations (Narrative Explanation & Justification) 1/5/04 q will actually make the project consistent wi~i~. ,.he LDC requirements for 20' Type D landscape buffering adjacent to vehicular rigi'~t-, ~f-ways per LDC Sec.2.4.7.4 Table 2.4. It-is-jusfifiabl~to approve-the-requested 5-t',,ot reduction_perimeter_landscape-buffer_ width, when one considers that: a) We will be planting all required vegetation; b) The requested 20-foot wide buffer will be v.:~:21 to or greater than buffers on adjacent properties; c) The 5-foot reduction will not be discer::~:~'!e to motorists or pedestrians, since the LDC requires a 6-foot wall, berm, or c,?,'-'ir:ation thereof, to be installed within perimeter landscape buffer; and, d) None of these perimeter buffers (north, ?_,u~h .2nd east) are adjacent to residential development, where clearly the wider buffer ::.2 i ustified. e) Finally, we have agreed that: (1) (2) A minimum of 80% of the required ~:'~.-zs per Section 2.2.16 ½.2.4.7 shall be located within the 20 foot perimeter ~'.: :'ers, placed no more than 30 feet on center; and, One or more additional landscape 5:'~ ::;space areas totaling 11,000 square feet and not less than 4,000 square feet. ' :',y single location shall be located internal to the Business Park or ch. ~ ::._~,! at Park entrances. This additional landscape/greenspace area shall i~ :~: 5 ~ ~t a minimum the balance of the trees not required per paragraph (a) abo':e. ".'.r normally required within the 25~foot Business park perimeter buffer by - :~:~n 2.2.16 ½.2.4.7. Deviation from LDC Sections 2.6.11.4.2 '~:~ 2.2.16 ½.2.4 (7) to waive the requirement for a six-foot tall opaque archircc~:~::'-dly finished masonry wall, or berm, or combination thereof within the PUDs western perimeter buffer. Explanation and Rational for Deviation Request: LDC Section 2.6.11.4.2 reads as follows: Walls and fences required contiguous or o££osite residentially zoned districts. [ghenever a nonresidential development !les contiguous to or opposite a residentially zoned district, said nonresidertrial development shall provide a masonry wall or prefabricated concrete wai)_;'c~ce. If located on a contiguous property, the walt/fence shall be a minimum ,)t'.~'ix feet and a maximum of eight feet in height and shall be located a minimt~rn qt' six feet from the residentially zoned district. If on a property opposite a reside~ztially zoned district but fronting on a local street, or the properties are separated by a platted alley, the wall/fence shall be located a minimum of three feet dS'c;m the rear of the right-of-way landscape buffer line and shall be four feet i.,~ .;:eight. On properties which front on-more than one street, a six-foot high wall.?'et~ce shall be required along the street which is opposite the primary ingress a~:d e.gress point of the project the street frontage which is adjacent to the rear tV-the project. Page 2 of 5 Nagel-Craig Business Park; PUD-2002-AR-3411 Schedule of Deviations (Narrative Explanation & Justification) 1 FE9 1 0 200 At the applicants~ request, the planning services director may determine that a masonry wall~fence is not warranted, particularly where the local street lies cont~ous to the rear of a residence or some other physical separation exists between the residential development and~h~ nonresi~t~fft~l~d~v-e-lopn~entuorfor other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for the approval of an alternative design, and a descriptive narrative through the administrative variance process set forth in subsection 2. 6. I 1.5. 7. of this Code. The planning services director will review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved the fact of the approval and basis for it shall be stated in the site development plan approval letter. Section 2.2.16 ~.2.4 (7) reads as follows: A 25-foot wide landscape buffer shall be provided around the boundary of the business parle A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30feet on center shall be located on the outside of the wall, berm, or berm~wall combination. Currently, no portion of the property is adjacent to residential uses. The portion of the property that will be adjacent to the furore residential uses, assuming the Wolf Creek PUD is approved, will be separated from those residential uses by significant retained and replanted native vegetation preserves. Further separation will be provided in the form of stormwater management lake facilities. It must be understood that minor revisions to the boundaries of the preserves (both created and retained) may occur. The native vegetation buffer width is, at its narrowest point, a minimum of fifty feet in width. The native vegetation makes a substantial buffer between the adjacent residential and the business ~,l~,,~e,, .,,n provide for a more than adequate park. 'These preserves, both existing ruud .... buffer, when coupled with' the roadway and the buffer on the adjacent residential development. The deviation request has been revised to indicate chat at the time of SDP, a landscape plan will be submitted depicting existing retained vegetation, vegetation to be planted as mitigation for native vegetation retention, and, where necessary, supplemental vegetation within retained native vegetation areas to result in vegetative screening of the business park uses from the adjacent residential property. The purpose of the wall requirement is to ensure that the adjacent residential land uses are adequately buffered from the business park uses. In the case at hand, structures are limited to a height of 35 feet within !00 feet of the adjacent proposed residential PUD. Moreover, no outside storage is permitted in the PUD. Thus, there are no concerns relative to tall buildings, or noise, or odors, that might be generated from the buSiness park uses, as we have agreed to limit building heights to 35 feet not to exceed one story within 100 feet of residentially zoned property. The existing native vegetation areas, coupled with the proposed replan ~u--'-~~[t areas, water management lake, and buffers that will be installed on the :ljac~.B.t ~ture ~_~ residential PUD will more than adequately screen the residential uses fro~ the bi2-~in-'~'~ Nagel-Craig Business Park; PUD-2002-AR-3411 Page 3 of 5 ~'E~ Schedule of Deviations (Narrative Explanation & Justification) 1/5/04 park. The vegetation within the preserve areas will be supplemented, where necessary to ensure virtually opaque buffer. Please keep in mind that the adjacent residential PUD is required-to-provi-de-a--T3rpe-l!k"Fifteen--footwfide;-80-percent-opaque-within-one-year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting." So, in actuality, the buffer between these uses will be at least 65 feet in width, and in most cases significantly wider. This will be virtually opaque and shall be adequate to buffer the adjacent residential uses· Deviation from LDC Section 2.2.16 ½.2.5.5 which limits building heights in the Business Park district to 35 feet to allow building heights up to 42 feet in height when located a minim-m of 100 feet from any residential zoned property. Explanation and Rational for Deviation Request: This request is consistent with the allowable height in the Mission Hills PUD immediately to the south. Allowing the increased building height of 7 feet will allow for architectural roof design flexibility, and higher ceilings, within a three story building, which is appropriate for professional office uses and corporate headquarters. The district purpose and intent indicates that the BP district be "designed in an attractive park-like environment, with Iow structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district." The allowance for slightly taller buildings will clearly allow for 3-story office structures designed with architecmrai embellishments and enhanced roof design· Since the total square footage of the park is limited to 417,000 square feet, encouraging the development of 3-story office buildings will further the purpose and intent of the district by reducing building coverage and increasing land available landscaping and open space. The achieved through open spaces and landscaping and not necessarily through reduced height, particularly since 3-story buildings can be achieve in 35 feet. The additional 7 feet requested simply creates an opportunity for greater architectural design flexibility, primarily for office uses located on the second or third floor of a building, and for a flexible roof design that will be much more aesthetically appealing, such as a gable roof design versus a flat roof design. Moreover, the only planned future residential zoning adjacent to the PUD is along the western boundary (Wolfe Creek PUD). The PUD Master plan provides for native vegetation preservation retention and mitigation areas along the western boundary, which are at minimum 50 feet in width and on average more than 100 feet in width. The perimeter buffers and perimeter roadways, coupled with the predominance of non- residential uses adjacent to the project ensures that the additional building height will not result in an incompatibility issue. We have agreed, as was discussed with staff on July 29th, to limit building height to 35 feet not to exceed one story (the same buildi~ that is permitted in the single-family residential distinct) within 100 feet of r~ zoned property. This will also ensure an appropriate transition required under 2.8. NageI-Craig Business Park; PUD-2002-AR-3411 Page 4 of 5 Schedule of Deviations (Narrative Explanation & Justification) 1/5/04 Deviation from LDC Section 2.2.16 ½.2.1 and 2.2.16 ½.2.3 which identifies Permitted Primary and Secondary uses, respectively, to allow for the following additional uses Wh~h--m'~-noUspecifically-identifieddn 2.2:t 6 ½.2:1- and-2v.2., t 6-½72:3~- but--which-are .... comparable in nature to many of the uses that are expressly permitted and which are desirable uses within the business park. a. Permitted Principal Uses and Structures: Building construction - general contractors (groups 1521 - 1542). Landscape Counseling and Planning (0781) b. Accessory Uses to Permitted Primary and Secondary Uses: Automobile rental (group 7514), accessory to a permitted hotel/motel (group 7011) only. Explanation and Rational for Deviation Request: The deviation request for these few uses is based upon their comparable nature with other .expressly permitted uses in the district. We have provided substantial buffering, especially from the proposed future residential to the west. We intend to develop very attractive buildings in a "park-like" setting. Outdoor storage of equipment is prohibited, and parking of commercial vehicles is only permitted in rear yards. Building construction - general contractors (groups 1521 - 1542), which includes general building contractors, for both residential and non-residential buildings, including industrial and warehouse buildings, is not in any significant way different from Specialty trade contractors group (1711 - 1799), which is permitted in the Business Park zoning district. Thus, a deviation is being requested. Please remember that outside storage is not permitted anywhere in the park. If specialty contractors are located within the park, then it makes sense to potentially allow for general contractors to be located within the park as well, assthming that equipment and material storage wi!! be located elsewhere and that primarily the park would accommodate a company headquarters/office facility (with respect to both general and specialty trade contractors). The SIC Code describes Landscape Counseling and Planning (0781) as Establishments primarily engaged landscape planning and in perform landscape architecture and counseling services. This is a use that is very similar to the permitted (Engineering, accounting, research, management and related services (groups 8711 - 8748). In fact, many full-service consulting firms provide landscape architecture services in addition to civil engineering, planning, surveying ad the like. To exclude this use does not make sense. The auto rental uses is only anticipated as a support (accessory) use to a potential lodging facility (hotel/motel). ' NageI-Craig Business Park; PUD-2002-AR-3411 Schedule of Deviations (Narrative Explanation & Justification) 1/5/04 Page 5 of 5 AGENDA'ITEM/,)" FElt 1 0 200t AGENDA ITEM 8-D STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 18, 2003 SUBJECT: PETITION PUDZ-2002-AR-3411 AGENT/APPLICANT: OWNER: Carl M. Nagel, Managing Member CDN Properties LLC 711 Fifth Avenue South Naples, FL 34103 AGENT: Thomas Craig Craig Construction & Restoration 2770 S. Horseshoe Drive, Suite 4 Naples, FL 34104 REQUESTED ACTION: The petitioner wishes to rezone approximately 37.5 acres of land cUrrently zoned Agricultural ("A") to Planned Unit Development (PUD) which will be known as the NageloCraig Business Park PUD. The project proposes a maximum of 417,000 square feet of total leasable floor area to allow development of a business park. GEOGRAPHIC LOCATION: The subject PUD is located at the west side of Collier Boulevard (County Road 951) in the southwestern quadrant of the intersection of Wolfe Road and Collier Boulevard, approximately one-quarter ,,,,~ ,,,,,[, ,,~ v,~, .............................. Township 48 Sou.th, Range 26 East, Collier County, Florida. (See illustration on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The proposed 37.5+-acre PUD is intended to allow for business park uses (pursuant to LDC Section 2.2.16~) on property that is cleared, but undeveloped except for a plant nursery/landscape business operation operating on a 3.6-acre area located near the center of the site. There is a small (0.37 acre) Palmetto Prairie community in the southwestern comer of the parcel, and a 7.95-acre Ph-~e Flatwood communit3' in the southern portion of the property and along the western property line. The subject property is adjacent to an undeveloped residential PUD zoned project on this subject property's western boundary and an undeveloped commercial PUD on the southern boundary. -- A(~A i ,, FEB 1 0 200~ /.5/ G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPORI.doc Pac ~ .-,f .~ .t .... ~f ITEM :B 1 0 200~ The PUD document contains the following table depicting the proposed land uses within this project: Land Use Water Management Lakes (L) Future ROW Reservation/Dedication (ROW) Existing Native Vegetation Preserve Areas (PN) Native Vegetation Mitigation Areas (PM) Total Native Vegetation (PN + PM) Business Park Development Tract(s) (B) Total Project Size Total ect Size Less ROW Dedication +/- 2.5 acres +/- 4.0 acres +/- 2.5 acres +/- 2.0 acres~ +/- 4.5 acres +/- 27.5 acres 37.5 acres . +/- 33.5 acres ~ Approximately 1.0 acre of the required 2.0 acres of Native Vegetation Replanting/Mitigation area (PM) is depicted on the Master Plan. The balance will be provided within the Business Park Tract(s) (B). All such replanted native vegetation mitigation areas must be in compliance with LDC section 3.9.5.5 If approved, the development plan will allow a maximum of 417,000 square feet of "primary" uses--General Light Industrial Uses; a maximum of 125,100 square feet of secondary uses along with water management and open space areas and the requisite roadways and landscaping. The petitioner is seeking four deviations from Collier County Land Development Code. These deviations are explained and analyzed within this report. SURROUNDING LAND USE AND ZONING: (See attached Zoning Map) North: Wolfe Road, then an Agriculturally ("A") zoned tract that is to be used for water retention purposes for the expansion of Collier Boulevard (CR-951) East: CR 951, then "A" zoned lands that are currently being cultivated and used for agricultural purposes. South: Mission Hills PUD (approved by Ordinance Number 2003-03), an undeveloped 33+acre site to be developed with up to 200,000 square feet of leasable commercial floor area West: Wolf Creek PUD (approved by Ordinance Number 2003-45), an undeveloped 147+ acre site proposed to be developed with a maximum of 591 dwelling units, at a gross density of 4 units p~r acre Aerial Photo G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPORI.doc PagJ AGENDA ITEIVl ./~- 2 of~._ /~7_ GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning Staff has reviewed this petition and has provided a memo dated October 7, 2003 that contains their analysis and recommendation. That memo is quoted below, with the The subject property is designated Insert Land Use Designation, as identified on the Furore Land Use Map of the Growth Management Plan. The subject property is currently designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. In addition, the Urban-Mixed Use District, Business Park Subdistrict, contained in the Future Land Use Element permits a mix of industrial uses and non-industrial uses. The petitioner asserts this rezone request is consistent with this Business Park Subdistrict. (The BP zoning district in the LDC implements this Subdistrict by providing specific uses, development standards, etc.) This Subdistrict is listed below, with comprehensive planning staffs comments following each criterion [in bold and brackets]. The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees andpatrons of the Park. This rezone request is consistent with this Business Park Sub-district by providing specific uses and development standards. Business Parks shall be permitted to include up to 30% of the total acreage for non- industrial uses as identified below in c. [PUD sets forth that the Permitted Secondary Uses shall be limited to a maximum of 30% of the total acreage. Ideally, the PUD Master Plan would depict the tracts/areas devoted to these non-industrial uses (Secondary Uses). A less desirable alternative is to only identify these uses on each SDP submittal in this PUD. The petitioner has agreed to the latter.] Access to arterial road systems shall be in accordance with the Collier County Access ........ I rujj tC Management l~ottcy and consistent with tJodecttve 7 and ....... /. rc,,c>, , ] of the ~'- Circulation Sub-Element. [Review for access compliance is made by the Transportation Division.] Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotel/motels at a density of 26 units per acre and recreational facilities. Retail uses shall be limited to those uses which serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. [PUD sets forth permitted primary and secondary uses, some of which are not provided for in the Business Park zoning district. However, Comprehensive Planning reasonable staff f'mds the de-,4afion justification submitted by the petitioner to be and acceptable.] When a Business Park is located within the Urban Commercial District or Urban Mixed Use District, the industrial uses shall be limited to light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatibl.e industrial uses permitted in the district' and, the Planned Unit Development O~dinan~e[~9A Rezoning Ordinance for a Business project shall list specifically all permztty us~e~' development standards consistent with the criteria identified in this provision. [~lubj~c~yite0 I 200 G:\Current\Deselem~PUD Rezones\Nagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPOR1 .doc Page 3 ~ 11 /2' is in the Urban-Mixed Use District. PUD sets forth a list of permitted uses some of which are not permitted in the BP zoning district. However, Comprehensive Planning staff lrmds the deviation justification submitted by the petitioner to be reasonable and acceptable.] ~h-~s Pdr~s---m~t-b-e a rhlnimU-~~ of 35 acres i~ Size.. [Stibject-sit~-~6m-p~is~ 37.50 go acres.] Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. [N/A; site is not in an Activity Center.] Business Parks shall adopt standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. [PUD sets forth standards, some of which are not pursuant to the BP zoning district. Comprehensive Planning staff yields to the judgment of Current Planning staff regarding these requested deviations and the petitioner's submitted justification.! When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the, Traffic Circulation Sub- Element. [Project proposes access to Collier Boulevard (C.R. 951), which is a collector road. The petitioner has provided a letter dated 7/30/03 from Don Scott, Transportation Planning Director, indicating the Transportation Planning Department intends to initiate a GMP amendment to change the designation of Collier Blvd. to an arterial roadway; the petitioner would like the County to approve this rezone contingent upon that GMP amendment being adopted and becoming effective. If the Transportation Element were successfully amended to change the classification of Collier Blvd. to an arterial, then the Business Park Subdistrict direct access criterion would clearly be met. The one potential issue staff sees is one of timing -it is a policy decision for the BCC whether or not to approve a rezone contingent upon a GMP amendment ("cart before the home"). The BCC has certainly done this before but it was in context of the EAR-based amendments adopted in 1997 and not at issue with DCA, but not put into effect until May 2000 - the BCC did approve a handful of rezones contingent upon those EAR-based amendments becoming effective. The question there was when will the GMP amendments become effective, not/f they will become effective, as is the case here. Though staff does not anticipate the BCC denying the classification change, nor do we anticipate a non-compliance finding by DCA, nor do we anticipate a Challenge being filed to a DCA compliance determination, all of this is unknown. The petitioner has, at staff's request, added a statement to the PUD - in the Statement of Compliance, and in Sections III and IV - that "No subsequent development orders will be approved until an amendment to the Transportation Element has been adopted and become effective that changes the classification of Collier Boulevard (C.IL 951) to an arterial road."] Business Parks are encouraged to utilize PUD zoning. [Project was submitted as a PUD.] The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. [Site is 37.50 acres total, 27.5 acres exclusive of open space and conservation areas (and fight-of-way for external roads). One other project has been approved under this Subdistrict in the Urban-Mixed Use District, AS Center PUD (40.88 acres total, 26.3 acres exclusive of open space and uses).l G:\Current\Deselem~PUD Rezones~agel Craig Business Park PUD AR-2002-AR-3411\STAFF REPOR1 .doc Pag, con~rvation FEB 1 0 200~ 4ofll / On September 10, 2003, the BCC adopted amendments to the FLUE, including changes to the Business Park Subdistrict. These amendments are not yet in effect but are anticipated to become effective on or about Nov. 29, 2003. The only change of substance is to apply the 30% limitation .... in__paragraph "a." to building s_quare footage in addition_ to site acreag_e; _~s_ this PUD already includes this limitation, there are no new consistency issues or concerns raised by the Sept. 10 amendments. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition and the criteria on which a recommendation must be based. This evaluation provides an objective, comprehensive overview of the potential impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiting staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the board of County Commissioners (BCC). These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factUal basis for supportive action by appointed and elected decision-makers.. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). In addition, staffhas provided the analyses from the different disciplines within the county who are charged with the review of land use petitions. Brief summaries of those analyses are provided below. Environmental Analysis: Environmental Services Staff has reviewed the petition and the PUD document and have addressed any concerns within the PUD document and the Master Plan. This petition qualified for a waiver from the Environmental Advisory Council and the petition was therefore not heard by that body. Transportation Analysis: Transportation Department Staff has reviewed the petition has come to agreement wSth the petitioner regarding right-of-way reservations along Collier Boulevard and Wolfe Road, to address potential and planned improvements to those roadways. Concerns'raised have been adequately addressed in the Transportation Section of the PUD document. Transportation staff has also been involved in the roadwaY classification issue with Comprehensive Planning, Zoning and Land Development Review staff and the applicant. In a letter dated July 30, 2003 (copy attached), Transportation Planning staff has indicated that it is their intention to pursue a reclassification of this segment of CR 951. Zoning Department Analysis; Relationship to Existing and Future Land Uses: G:\Current\Deselem~'UD Rezones~lagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPOR1 .doc Page Utility Issues: The Utilities Department Staff has reviewed the petition and provided language in the PUD document to address potable water, reclaimed water and wastewater, as well solid waste collection and solid waste disposal. FEB 1'0 200 of 11 A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning actionis._approyed, to__the_ requirement or limi_~fip_n_s___s~_f0_.rI:h irt ~e_ Futur_ e__L~d Use E!e_me_n_t ..... (FLUE) of the Growth Management Plan (GMP). The proposed uses are consistent with the GMP, which provides criteria for the location of business park uses. The actual uses proposed, as limited in the PUD document, should be compatible with the future land uses that may be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the site will be separated fi:om other development by roadway to the north (Wolfe Road), to the east (Collier Boulevard), and to the south (the Loop Road approved in the Missions Hills PUD). To the west, the subject property abuts the Wolf Creek PUD that was approved on September 23, 2003. The Master Plan approved for that project indicates residential uses are planned to abut the subject property of this request. The Master Plan does not indicate what type of residential uses will abut the subject site, however a mixture of residential types, including single-family attached and detached housing, two family and multi-family uses are approved for Wolf Creek PUD, with structures allowed up to 42 feet high in three stories. The petitioner is proposing a maximum height of three stories, not to exceed forty-two (42) feet, and has agreed to further limit structures within 100 feet of a residential zoning district to thirty-five (35) feet not to exceed one story. Walls and buffering are commonly used to separate or increased the distance between different uses. The petitioner has sought deviations to fi:om the wall placement requirements, but has provided justification to support the deviations. Staff has reviewed the deviation requests and believes that adequate separation and buffering will be provided with the current Master Plan to ensure that the proposed project will be compatible with the surrounding area. The PUD Master Plan indicates that the internal access road will connect to the proposed Loop Road to the south. Therefore, staff believes the proposed Nagel-Craig Business Park PUD will be compatible with the adjacent properties Furthermore, staff has considered the availability of community infrastructure and services and the commitments made in the PUD document and has determined that development of the subject property is timely and consistent with the FLUE to the GMP. Deviation Discussion: The petitioner is seeking four deviations (see page 15 of the PUD document) and has agreed to limitations to which the project will adhere if these deviations are approved. The petitioner has provided justification in support of the deviations [see "Schedule of Deviations (and Narrative Explanation and Justifications)]. The limitations included by the petitioner are based upon discussions with staff through the review process. Staff has analyzed the deviations and recommends approval of these deviations by the petitioner. Deviation # 1 seeks relief from LDC Section 2.2.16 ½.2.4 (7), which requires a 25-foot wide buffer, to allow a 20-foot wide buffer for the northern, eastern, and southern perimeter landscape buffers. The 20-foot-wide buffers will be designed in accordance with the provisio: · cf LDC Section 2.2.16 ½.2.4.7, with the following limitations: 1) A minimum of 80% of the required trees per Section 2.2.16 ½.2.4.7 must be loc the 20 foot perimeter buffers, placed no more than 30 feet on center; and, G:\Current\Deselem~::~UO Rezones\Nagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPORI.doc Page 6 o One or more additional landscape/green space ::rcas totaling 17,700 square feet and not less than 4,000 square feet in any single location :hast be located internal to the Business Park or clustered at Park entrances. This additional landscape/green space area must include at a m'_mi_'m_um_ .the_ bal~c_e~ of~e trees not required per- par~agraph~(_a) above_,~.u_t ~o~ally_ required within the 25-foot Business park peri meter buffer by Section 2.2.16 ¼.2.4.7. As stated in the petitioner's justification, "The project is unique in that it will be surrounded on three sides (north, east & south) by roadways (txvo of ~xhich do not currently exist and which will be facilities, in part, by reservation/dedication of !:~::~ :'rom Nagel-Craig Business Park). To the north is Wolfe Road, which is intended to become ~ 9..~Diic road at such time as all necessary ROW is reserved and acquired . . .This [deviation] rezuest simply minimizes the impacts of these reservations on the property owner, without com?r..::mising the intent of the perimeter buffer requirements." The petitioner has agreed to disperse the amount of landscape areas (with the landscape trees) equal to that which is not being Fr~', ided in the deviated area throughout the remainder of the project site. Staff supports this ..~eviation with this commitment, finding the deviation, as limited, would further the intent of t~5. i? FLUM that states that a Business Park Subdistrict should be "designed in an attractive park-like environment." Deviation #2 seeks relief from LDC Section 2.2. iS -:2.4 (7) to waive the requirement for a six- foot tall opaque architecturally finished masonry wai!. ~ :.r berm, or combination thereof within the PUD's western perimeter buffer, subject to the follo".':~ z iimitations: 1) 2) 3) 4) All proposed Preservations and or Mitigatic,~ ?lanting Areas will be subject to Collier County Staff Approval at time of SDP(s). No 24-hour business's or restaurants allo;vcd , ~tb. in 100 feet of any Preserve or Mitigation Area. No Access Roads/R.O.W/Vehicular Use :\r~::.:s, Dumpsters allowed adjacent (with 20 feet) of any Preserve or Mitigation Area. No building over 35 feet in height within 1 ~.~) i;_ct of any Preserve or Mitigation Area. This deviation will be effective only along the western boundary that is shared with the undeveloped Wolf Creek PUD. The purpose of the wail requirement is to ensure that the adjacent residential land uses are adequately buffered from the business park uses. This project will be separated from those residential uses by retained :md replanted native vegetation preserves and stormwater management facilities. The native vegetation preserve area width is, at its narrowest point, a minimum of fifty feet in width. Limitation #i ~as been included to further ensure that the preservation and planting areas will suffice in place of the wall. A landscape plan will be submitted as part of the development approval process that will depict existing retained vegetation, vegetation to be planted as mitigation for native vegetation retention, and, where necessary, supplemental vegetation within retained native vegetation areas to result in vegetative screening of the business park uses from the adjacent residential property. Limitations #2, #3 and #4 are included to address concerns about potential negative impacts from overshadowing tail buildings, noise, and odors, which might be generated fi.om the business park uses. Deviation #3 seeks relief from LDC Section 2.2.16 !/,..2.5.5 which limits building heights in the Business Park district to a maximum of 35 feet, .to allow' building heights of 3 stories n{ 42 feet when located a minimum of 100 feet from any residential zoned property. Master plan of the subject site provides for native vegetation preservation retention ant areas along the western boundary, which are at minimum 50 feet in width and on a~; than 100 feet in width. Staff agrees with the petitioner's assessment that the minimm G:\Current~Deselem~PUD Rezones\Nagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPOR1 .doc Page 7 t to exceed TlleAllrr=~[}A =raec more buffer widths, the self-imposed limitation that prohibits taller buildings from being located within 100 feet of any residentially zoned property, coupled with the predominance of non-residential _~ uses adjacent to the project ensures that the additional building height will not result in an · incompatibility issue. In addition, this request is comparable to the allowable height in the ............ ~-Hill~PLrDyr~j~I loc~itedimn~e-diately'to the ~6uth: Deviation ~4 seeks relief from LDC Section 2.2.16 ½.2.1, and 2.2.16 ½.2.3 which identify, respectively, Permitted Primary Uses and Structures, Permitted Secondary Uses and Structures, · and Accessory Uses to Permitted Primary and Secondary Uses, to allow for the following additional uses which are not specifically identified in 2.2.16 ½.2.1 and 2.2.16 ½.2.3, but which are comparable in nature to many of the uses that are expressly permitted, are desirable uses within the business park, or which are currently existing on the property such that it is desirable to retain the existing use until the Business Park development is commenced: A. Permitted Primary Uses: 1. Building construction o general contractors (groups 1521 - 1542) 2. Landscape Counseling and Planning (0781) B. Accessory Uses to Permitted Primary and Secondary Uses: Automobile rental (group 7514), accessory to a permitted hotel/motel (group 7011) only The petitioner's rationale states that the uses proposed to be permitted by this deviation are comparable in nature with other uses allowed uses in the district. For example, the petitioner asserts that the building construction - general contractors (groups 1521 1542) use is not significantly different from Specialty trade contractors group (1711 - 1799), which is permitted in the Business Park zoning district. The petitioner further asserts that it would be appropriate to allow general contractors to be located within the project, because outside storage is not permitted anywhere in the project anyway, therefore equipment and material storage would have to be located elsewhere. This project would be more likely to accommodate a company headquarters/office facility (with respect to both general and specialty trade contractors). The Landscape Counseling and Planning (0781) use is similar to the permitted Engineering, ~,~untu,g, r, ...... ~, ,~ ........ + 871 ! 8748) .... Th,, petitioner cites ~e hct that m~y ~ll-se~ice consulting fi~s provide l~dscape ~c~tec~ se~ices ~ addition to civil engineering, pl~ng, ~d s~ey~g se~ices. ~e auto ren~ uses is limited to ~ accessow use to a potenti~ lodging hcili~ ¢oteVmotel). As previously noted, the limitations included by the petitioner are based upon discussions with staff through the review process. Staff has analyzed the deviations and recommends approval of these deviations as described in the PUD document. Additional Issue: At this location and at this time, Collier Boulevard is classified only as a collector roadway, therefore staff would normally not be able to support the overall project because we could not make a recommendation that the project is in compliance with the LDC and consistent with GMP as those documents exist on this date. Although Zoning and Land Development Review staff could support the overall project as a conceptual PUD petition, and believes the I consistent with all other portions of the LDC and the GMP, we are precluded from rr overall favorable recommendation because Policy 5.1. of the GMP clearly states, "All must be consistent with this Growth Management Plan." G:\Current~eselem\PUD Rezones~lagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPORI.doc Page 8 of roiect is akingA~fi, NOA IIEM: ~zorfi~s ~ FEB 1 0 200 The Comprehensive Planning analysis went into detail regarding this issue, noting that the ultimate decision regarding this petition will be a Board policy decision. As noted in that discuSsion, there is an issue of timing. Not only does the GMP prohibit the rezoning approval at this time, it also pro~b~ th~ issu-u~¢e-r~:-any-~,e~pme~i c;rd¢~at is inconsistent with~GMP. The~ef6~-,- even if the rezoning is approved, staff could not issue a development order until such time as the GMP is amended to allow the fmding of consistency. To explain this issue, the LDC Section 2.2.16½.2.4.3. sets forth the following requirement: "Business parks within the Urban Mixed-Use and Urban Commercial districts of the Future Land Use Element shall have direct access to a road classified as an arterial street on the Five Year Future Traffic Circulation Map contained in the Transportation Element." The GMP and Transportation Element are the driving elements of this requirement and as stated above, the rezoning must be consistent with the GMP. The GMP states in the Future Land Use Designation Description for the Urban Mixed Used District, in Section (IX)5 for the Business Park Subdislrict Item "h" states, "When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the traffic Circulation Sub- Element." Deviations or variances cannot be granted from the GMP, so the issue cannot be addressed via a deviation. The GMP states and requires that a business park PUD have direct access to an arterial roadway. Furthermore, LDC Section 2.2.20.2.1 offers the following for consideration: "Relation of planned unit development regulations to the growth management plan, zoning, subdivision, or other applicable regulations. All applications for PUDs shall be in full compliance with the future land use element and the goals, objectives, and policies of all elements of the growth management plan. The PUD document offers language to address the roadway classification issue in the Statement of Compliance, Item c that states: Access shall be in accordance with the Collier County Management Policy or plan and consistent with Objective 7 and Policy 7.1 of the Transportation Element. Collier Boulevard is not classified as an arterial on the County's Five Year Future Traffic Circulation Map contained in the Transportation Element. Collier Boulevard is, however, classified as a Class 4 arterial roadway, under the County's adopted access management plan, as amended by Resolution 01-247. After the planned &lane widening, Collier Boulevard will be classified as a Class 3 arterial. Collier County Transportation Planning has indicated that the classification of this roadway on the County's Five Year Future Traffic Circulation Map contained in the Transportation Element, will be amended in the near future. No development applications will be accepted or approved until an amendment to the Collier CounW Functional Class Map in the Transportation Element of the Collier Coun~ Growth Management Plan (Map TR-3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective. [Underlining added for emphasis] However, the county attorney's office has provided augmenting language for the Ordinance effective date for this project. That language states: This Ordinance shall not become effective until it is filed with the Secreta State, and until the Collier County Functional Class Map in the Transport Element q.£ the Collier CounW Growth Management Plan (Map ~FR-3) ider G:\Current~Deseiem\PUD Rezones\Nagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPORI.doc Page ztion,~o rifles ' - ~ FEB 1 0 200t of 11 2,, fi' Collier Boulevard (CR 951) as an arterial roadway, and then becomes e. ff. ective. [Underlining and bolding added for emphasis] As such, the land will not actually be rezoned to PUD until the roadway is reclassified. Until that time, the Master PI~ aii-cYth~ PUD document have no S~din~, th6§ubj~t-~it~ reffiaiiYs- zoned Agricultural. At best, Zoning and Land Development Review staff perceives the proposed ordinance as unusual; however the petitioner has agreed to the language. The effective date language appears to adequately protect the county from any perception of premature approval. However a potential "down side" issue arises, in that the county will not have the opportunity to review the PUD document again should conditions change before the roadway classification change occur. Staff would not normally support the overall project if it was not consistent with all portions of the LDC and the GMP, however staff can support the requested rezoning with the understanding that the effective date is governed by the language proposed by the county attorney's office to delay the actual rezoning until the GMP is amended. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on July 25, 2002 that was attended by approximately eleven individuals including the applicant's team and county staff. Of those persons that spoke, most expressed concerns regarding access and the potential traffic generated that development of this site might generate. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-2003-AR-3411 subject the limitations and commitments that are incorporated in the PUD document and the Ordinance that accompanies the PUD document. G:\Current~3eselem\PUD Rezones\Nagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPORI.doc Page l l of 1 FEB 1 0 200z 1 PREPARED BY: tC4Y E~SELEM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY By, LOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW AICP, INTERIM S U),q'3&I MURRAY, CTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: /...~--/..> / w_.~ JJOS~PH K. SCI-1MITT ADMIINISTRATOR ' DATE IMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 13, 2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN G:\Current~)eselem\PUD Rezones\Nagel Craig Business Park PUD AR-2002.AR-3411\STAFF REPORT.doc Pat REZONE FINDINGS PETITION PUDZ-03-AR-3411 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommend~i~'fis-of-tlS~ PYann~g-C6~_fiiis~idri-t~ the B6-ai'd 6fC6~t)r-C6~mm~s~oners §h~F show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed Nagel-Craig Business Park PUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), with the exception of the roadway classification issue for Collier Boulevard, which has been addressed via the effective date language contained in the approving Ordinance. 2. The existing land use pattern; This project will be consistent with the existing and proposed land use patterns as explained in the staff report. e The possible creation of an isolated district unrelated to adjacent and nearby districts; The Nagel-Craig Business Park PUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also compatible with expected land uses by virtue of its consistency with the FLUE of the GMP. o Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject site is surrounded by PUD zoning to the west and south and roadways or proposed roadways to the north, east and south.. Therefore, the proposed PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends in this area indicate there is an increase in the rezoning activity in this area. Mission Hills PUD was approved to the south to allow commercial uses and Wolf Creek PUD was approved to the west to allow residential uses. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses Whether the proposed change will adversely influence living conditions in neighborhood; EXHIBIT "A" G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD ARt2002-AR-3411\REZONE FINDINGS.doc Pag the I of 3 As limited in the PUD document there ~,, ',:id be no adverse influence in living conditions in this neighborhood if the proposed change is approved. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with sur~oundin-g [~ind-u~e~, b~-~ause of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, o r >th erwise affect public safety. The Transportation Services Division }':'~ :viewed the proposed PUD and has incorporated language into the PUD docun:~:r'~t. ',,'hich renders the PUD compatible with the Traffic Circulation Element. Therei~re. i'.~ proposed PUD will not excessively increase traffic congestion. 8. Vi~nether the proposed change will create a ,trainage problem; The project will be required to obtain a :-crrnit from the South Florida Water Management District. Drainage problems ;2~:, ::id not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously ccduce light and air to adjacent areas; All projects in Collier County are subjec[ ~, -he development standards that apply generally and equally to all zoning districts i i.e. open space requirement, corridor management provisions, etc.) that were ,It~ .::::d to ensure that light penetration and circulation of air do not adversely affect :,..!i ~.:.::~.t ~eas. This project will be subject to those same standards. 10. Whether the proposed change will adversely ~ffect property values in the adjacent area; Property valuation is affected by a host of :5.ctors including zoning, however zoning by itself may or may not affect values, since vai,~e ~eterrnination by law is driven by market value. The mere fact that a property is given ~ nexv zoning designation or amendment may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed change should not be a detcrr:nt; if ~all property owners affected by improvements to Wolfe Road work together, the proposed change, with its right-of-way reservations listed in the PUD document could be an asset to development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies Mth the Growth Management Plan, public policy statement supporting zoning actions when they are consistenl plans. In light of this fact the proposed PUD does not constitute a grant privilege. Consistency with the FLUE is fiJrther determined to be a pub relationship because actions consistent with plans are in the public interest. G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD AR:22002-AR-3411\REZONE FINDINGS.doc Pa~ 13. 14. 15. 16. 17o' Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; A portion of the property i'~- c-ur~efid~¢3 in c6mpli~ w/th the--~dst'mg z6h~; and the remainder of the site could also be development in compliance with the existing zoning if so desired by the property owner. However, the developer wishes to utilize the Conversion Of Commercial provisions of the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent w/th the FLUE of the Growth Management Plan, as further limited in the approved ordinance action. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There has been one other Business Park PUD approved in the county to allow the uses proposed, however this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD AR~002-AR-3411\REZONE FINDINGS.doc P FEB 1 0 200q !ae 3 ~)~'~ , FINDINGS FOR PUD PUDZ-03-AR-3411 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject site is partially developed with an agricultural nursery operation which has altered the natural characteristics of the land. The site is located where it has potential access to three roadways--the proposed Wolfe Road, a proposed southerly road that is identified as Loop Road and Collier Boulevard. The petitioner has agreed to connect to county utility service, and the drainage will be provided in compliance with all applicable codes. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP, as provided for in the Ordinance relative to timing of the approval. Please see the staff report for a more detailed discussion. The internal and external compatibility of 'proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provis: Land Development Code. EXHIBIT "B" G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD AR.12002-AR-3411\PUD Findings.doc Page 1 of 2004 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The~effecti_ve_date_proposed_within the_PUD Ordinance_and the limitations found in the Statement of Compliance in the PUD Document provide assurance of the adequacy of available improvement and facilities. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed Nagel-Craig Business Park PUD conforms to PUD regulations or requests deviations that staff' analysis finds justified. 3:\Current\Desetem\PUD Rezones\Nagel Craig Business Park PUD AR22002-AR-3411\PUD Findings.doc Page 2 of 2 AGENDA ITE~ ~' FEB 1 0 200 ORDINANCE NO. 03- AN ORDINANCE OF THE BOARD OF COUNTY 'COMMISSIIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, ~COLLIER~COLINTY LAND~DE~EL_OPMENT CODE WHICH INCLUDES THE CoMpREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8634S TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "CPUD' COMMERCIAL PLANNED UNIT DEVELOPME3qT FOR A PROJECT TO BE KNOWN AS NAGEL-CRAIG BUSINESS PARK PUD LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 1/4 MILE NORTH OF VANDERBILT BEACH ROAD (C.IL 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5+ ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere, of RWA, Inc., representing the applicants, Carl M. Nagel, managing partner of CDN Properties LLC and Thomas Craig, Craig Construction and Restoration, Inc., in petition number PUDZ-2002-AR-3411, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: '-- -- SECTION ONE: The zoning classification of the subject 37.5+ acres as described in the PUD document located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural to "CPUD," Commercial Planned Unit Development in accordance with, and '- ~'"' ~ ~_.t.:~ *~o *"~ o' -; Business P~k pi lr~ 13r~',,ment, ~"ached hereto as Exhibit ,cga, y ues ....... g ...... g~,-C,a,g ................. "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634S, as described in Ordinance Number 91-102 as mended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall not become effective until it is filed with the Secretary of State, and until the Collier County Functional Class Map in the Transportation Element of the Collier County Growth Management Plan (Map TR-3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective, except that if the change required above to identify Collier Boulevard as an arterial roadway has not been adopted and become effective within one year from the date that the Board of County Commissioners adopts this Ordinance, then this Ordinance will not become effective and any implied' PUD approval is deemed null and void. Thereafter,'the project would be required to be resubmitted and reviewed in compliance with the Pag~ 1 of 2 FEB 1 0 2004 * entire public hearing process that would be required for a new PUD rezoning under LDC requirements in effect at that time. PASSED AND DuLY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G ~te Assistant County Attorney Attachment: Exhibit "A"--PUD document Page 2 of 2 FEB 1 0 200z APPLICATION FOR PUBL{C HEARING FOR:, ~]PUD REZONE (PUDZ) ,oUD TO PUD REZONE Petition No.: Date Received: PUDZ-2002-AR-3411 Planner A ~ ~i #ned: Commission District: ABOVE TO BE COMPL ti iED BY STAFF Kay DeSelem, AICP 4TH RE-SUBMITTAL PUDZ-2002-AR-3411 PROJECT 112002060060 DATE: 11/12/03 KAY DESELEM 1. General Information: and Name of Applicant(s) Applicant's Mailing Address 711 Filth Avenv~e City_Naples '~ate FL Applicant's Telephone 11 239-659-6070 Fax # Applicant's E-Mail Address:~carlnagel(qD,_,earthlink.com Carl M. Nagel, Mana<i ng Member, CDN Properties LLC Zip_34103 239-659-6071 Name of Applicant(s) ~Thomas Craig, Craig Construction & Restoration, Inc. Applicant's Mailing Address 2770 S. Horseshoe Drive, Suite 4 City_Naples State FL Zip 34104 Applicant's Telephone # 239-430-1127 Fax # 239-430-1129 Applicant's E-Mail Address: n/a Name. of Agent Mr. Robert Mulhere Firm RWA, Inc ..... Agent's Mailing Address ' 3050 North Horseshoe Drive, Suite 270 City NapleS State Florida Zip. 34104 Agent's Telephone # (239) 649-~g~-Fax # (239) 649-7056 Agent's E-Mail Address: rjm~consult-rwa.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 Application For Public Hearing For PUD Rezone 8/29/03 AGENDA ITEM .,o FEB 1 0 200,, Pg. *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for~ all Association(s) affiliated with this petition. (l:h'ovide additional sheets if necessary) ~ " Name of Homeowner Association: Va~derbilt Community Association, Inc. Mailing Address 8250 Danbury Blvd. City _Naples State F___L__L Zip. 34120 Name of Homeowner Association: Islandwalk Homeowners Association Mailing Address 6155 Towncenter Cir. City_Naples State ~ Zip. 3412~0_ Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address Name of Civic Association: Mailing Address City State ~ Zip Ms. Karen Acquard, Golden Gate Estates Civic AssoC. 441 24m Avenue NE City Naples State ~ Zip. 34120 o Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ~ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). N~me and Address Richard D. & Frances A. Craig P.O. Box 899, Edwards, CO 81632 Percentage of Ownership 100% of Parcel 3 bo If the property is owned by a CORPORATION, list the officers and stockholder~ and the percentage of stock owned by each. Name and Address, and Office CDN Properties LLC Carl M. Nagel, Managing Member __ Dana L. Nagel, Member A~pplication For Public Hearing For PUD Rezone 8/29/03 Percentage of Stock 100% of Parcel 1 & 2 50% of Stock 50% of Stock FIB 1 0 200~ _Nagels are owners & officers of CDN Properties LLC 325 Little Harbor Lane ~Naples, FL 34102 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage Of interest. Name and Address ~Not Applicable Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Not Applicable Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address ____Not Applicable Percentage of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired (X) leased ( ): Term of lease yrs./mos. Parcels 1 & ~ were acquired on 3/19/2002 and Parcel 3 was acquired on 10/3/1995 If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase occur s~ the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplement~ of interest form. Application For Public Hearing For PUD Rezone 8/29/03 disclosure FEB 1 0 200 o Detailed legal description of the proPerty covered by the application: (If space is inadequate, attach on separate' page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to '400' scale) if required to do' so at the pre-application meeting. NOTE: The applicant is responsible for suPplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required, Section: 34 Township: 48 S Range: 26 E Lot: Block: Subdivision: , Plat Book Page ti:__ Property I.D.#: Parcel 1 - 00203280009 Parcel 2 - 00204520001 Parcel 3 - 00203680007 Metes & Bounds Description: The subiect property being 37.5+ acres, is comprised of 3 adjoining parcels that are located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right-of-way {Parcel 1). The North half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right-of-way {Parcel 2). The South half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet {Parcel Size of property.: _l,220_ft. X _1,320 ft. = Total Sq. Ft. Acres 37.5 Address/general location of subiect property: _ The west side of Collier Boulevard and about ¼ mile north of Vanderbilt Beach Road. 6. PUD District (LDC 2.2.20.4): Application For Public Hearing For PUD Rezone 8/29/03 Residential [--] Community Facilities Commercial [--] Industrial FEB 1 0 200q Adiacent zoning and land use: Zoning Land use N_A-Agriculmral _Proposed Lutheran Church Private School S PUD _Proposed Mission Hills Shopping Center ' E_A-Agriculmral _CR 951, Canal and landscape nursery W PUD _Proposed Wolf Creek Residential PUD Does the owner of the subject property own property contiguous to the subj.ect property? so, give complete legal description of entire contiguous property. attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:~ Property I.D.#: Metes & Bounds Description: If (If space is inadequate, Rezone Request: This application is requesting a rezone from the __A - Agricultural zoning district(s) to the CPUD - Commercial PUD zoning district(s). Present Use of the Property: Vacant & Landscape Nursery Proposed Use (or range of uses) of the prol~erty:_Upscale business park for storage, showrooms, warehouse, office, retail, and other uses. Original PUD Name: n/a Ordinance No.: Application For Public Hearing For PUD Rezone 8/29/03 Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's .analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. ACtA I'r~ FEE I 0 200 , PUD Re;one Considerations (LDC Sectio'n 2. 7.3.2.5) The suitability of the area for the type and patter, n of development proposed in relation to physical characteristics of the land, surrounding areas,~ traffic and access, drainage, sewer, water, and other utilities. Response.'_ The proposed PUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, eombined with the development conditions.and commitments contained in the proposed PUD document, gives reasonable assurance that all infrastructure will be developed consistent .with County regulations. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments .in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made °nly after consultation with the county attorney.. Response: The documents submitted with this petition application Provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. ~ Response.'. Please refer to the Item # 1. under Standard Rezone Conditions, above. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. o The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: The timing and sequence of the permitting the proposed develop with the programming of the County's proposed capital improven Application For Public Hearing For PUD Rezone 8/29/03 aent~?, incides ents to meet FEB 1 0 200 , concurrency requirements. Adequate im?,vcments, utilities and other facilities can be provided. 7. The ability of the subject property and of 3':,~'rr~unding areas to accommodate expansion.. Response: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water :::?plies, charactersfics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, d~velopment of the subject property is timely, because supporting infi'astmcture are avmtable, or will be in place by,the time permitting of the proposed improvements is complete. Conformity with PUD regulations, or as ;v :::~'irable modifications of such regulations in the particular case, based on determination :,hat such modifications of justified as meeting public purposes to a degree at least equivaient to literal application of such regulations. Response:_ The development standards in sSe proposed PUD document are consistent with the standards in the Business Park district, vhich reflects the purpose-and intent of' the Future Land Use Element. 10. Deed Restrictions: The County is legally ::ecluded fi-om enforcing deed restrictions, however, many communities have adopted :'.:ca restrictions. You may wish to contact the civic or property owners association in the area t'or which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 11. Previous land use petitions on the sub}ect 9roperW: To your knowledge, has a public hearing been held on this property within t~e '.~st year? If so, what was the nature of that hearing?_ NO 12. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8½" x 1i' CopY of site plan], drawn t° a maximum scale 0fl inch e~luals-400:~5~i~ the following [Additional copies of the plan may be requested upon completion of staff. evaluation for distribution to the Board .and various advisory boards SUch as the~. Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · r~rovisions for existing and/or proposed ingress and egress (including p~_~..g ~ . ~ AGENDA ingress and egress to the site and the structure(s) on site), For Pubhc He ~ arm For PUD Rezone 8/29/03 ApphcaUon' '_ : - ' . ' .... .: . . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to th~ site), proposed and/or existing landscaPing and buffering ~ may be required by the County, An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken wiitfin the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Depathnent of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after f'mal action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Application For Public Hearin~ For PUD Rezone 8/29/03 ACtA IT~b FE9 1 0 200 , PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT , , cOPIES REQUIRED REQUIRED 1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. ConceptuaISite Plans 20* X 6. Environmental Impact Statement -' (ELS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 N/A Application 11. Copies of State and/or Federal Permits 4 N/A 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Pre-Application Fee, Application Fee and Data X Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of X the submittal packet. 15. PUBLIC PARTICIPATION MEETING: 1 X APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 N/A including all Appendices and Exhibits. 17. OTHER REQUIREMENTS: 2 Provided as a Land use breakdown for County Planners courtesy * Documents required for Long-Range Planning Review * 1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ( ' Agent/Applicant Signature / I~ate Application For Public Hearing For PUD Rezone 8/29/03 FEB Ha~ 19 03 M~ 1~ 03 10: 13a 649 70~6; Uay-15-03 18:14; Page 212 p.2 fife. Richard D. Craig. and Francis A.' Craig beingfirst du~y sworn, depose and say that we are the prol~wty owners of Pctree. l $ of the t~roperty de. scribed la,rein, and which ir the ymbject maUgr of tl~t proloose~ I~tari~' that ali #t~ answers to Die q~stion* in this application, im:l~ing th, disclosure of intey~t information, all ak~chex, data. ami other xupplemgntary matte*' attached to and made a part of t,~i~ at~ptication, are ~on~st and true to the beJt of my knowledge and ~ Ylre und~tand that the information reque, m~ on th~ applicati'on must be complete ~ otn~rate and that the content of thi$ for~, wI~ether computer generoted or County printed xhal! not b~ significantly altered. Public hearings will not be advortised until th~ application it deemed complete, anti all re~luired information has been submitted. /0 property ownerx, vved, xignate our ~on Thomaz Craig. to act o~ our representative and ¢o~ applicant We further aut~oriz~ Robert J. Mult~reo AICP, Director of Planning for RI4rA, .mc., to act a~ our reFr~entative in any mattgr~ regarding thi~ Petition. Richard D. Craig S[g~.ature of Propert~ Owner Frances.4- Crai~ (Print, Type, or Stamp Commi.tsioned Name of Notary Public) MY CO~SSION # DO RE-SUBMITTAL PUDZ-2002--AR-341 PROJECT #200206( DATE: 6/12/03 KAY DESELI::M 1 A~NDAcI~M/~ FEE) 1 0 200t ~ :THE VINTAGE GR, OLP Gent By: P:WA; FAX NO. : 23"3-659-6~71 941 84~ 70~U; Hag. 15 ~ 03:341:~1 P"d hiay-15-03 1~:~5; Page 2/2 [, Carl M. ~Vngel, Ma~agf~g Mwl~b~r of CDI~ Propertie~ ~C, ~g~ ~Y ~o~, dele a~d the subj~ maner of t~t p~ed ~: t~ aH the a~ to the qu~tlo~ ~ t~ ~pl~d~ including ~e ~ of tm~ lnfo~mi~, aE s~che~, da~, a~ ot~ ~ of~ ~~ and ~. I ~~ ~ ~ in--on ~ ~ ~ ~ a~on ~ ~ ~ ~ ~ ~ i~ormat~ ~ b~ ~ ,. ~ fo_regoing it~rumenf Was pcknowledged before rna tht~ / ~" day of ~/~_ FEB 1 0 2004 COVENANT OF UNIFIED CONTROL The undersigned does hereby swear or affirm that they are the fee simple 'title holders and owners of record of property commonly known as 14295 Collier Blvd., Naples, Florida and legally described in Exhibit A attached hereto. ' The property described herein is the subject of an application for planned developmer/t zoning (Nagel-Craig Business Park PUD, Petition PUDZ AR-3411. We hereby designate Nagei/Craig, LLC, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or mended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master concept plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned development rezoning. 2. The legal representative identified herein is respons~le for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master concept plan, even ff the property is subsequently / sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and / recorded by Collier County. 3.' A departure fi.om the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned development process will constitute a violation of the Land Development Code. 4. AL1 terms and conditions of the planned development approval will be incorporated into covenants and restrictions which nm with the land so as to provide notice t° subsequent owners that all development activity within the planned development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned development. Owner Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) Sworn to (or affirmed) and subscribed before me this ,~:'47-_ h day of Augnst 2003, by -'t~\&t~YVY'~c~ ¢-&("~'x.~. who is personally known to me. ~ CName typed, printed or stamped) FEB i il' COVENANT OFUNIFIED CONTROL The undersigned do hereby swear or afl.h'm that they are tM fee simple,fl0e holders and owners of record of property commonly -known as 14335 Collier Blvd., Naples, FL 341 I 9 and I (Street address) legally described in Exhibit A attached hereto. The property described herein is the subject of an' application for planned d.evelopm'ent zoning (Nagel-Craig Bthsiness Park PUD, Petition PUDZ AR-3411). We hereby designate Nagel/Craig, llc legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seel~ing the necessary approvals to develop. This authority includes but is not limited to the hiring and authorization of agents to assist in the preparation .of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or mended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided aCcordingly in the pursuit of development of the project: I. ~e property will be developed and used in conforndty with the approved master concept plan. including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master concept plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a ~failure to comply with any requirements, conditions, or safeguards provided for in the planned development process will constitute a violation of the Land Development Code. All terms and conditions of the planned development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned development must be consistent with tho~e terms and conditions. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned~ment. Owner STATE OF FLORIDA ) COUNTY OF COI.I.mR) Carl M. Nagel, Mgr. Sworn to (or affirmed) and subscribed before me this 7 day of Carl M. Naqel August ,2003 by who is peT~ally known to me.X~l~t:~Rlr~ ,, ~ (N~e ~ed, printed.or s~) FEB 1 0 "g. ,//7 Exhibit "A" Public Record Legal Description Legal Description: Lot/Unit: .OOO Sub/Condo Name: Subdivision Code: GGE Unit #: 34 48 26 N1/2 OF S1/2 OF NE1/4 OF SEll4, LESS R/W 9.25 AC OR 1975 PG 1379 Block/BIdg/Tract: 030 Section: 34 Township: 48 Range: 26 ACREAGE l~DER 000100 AOENOA tTF~ - F~8 I 0 200t~ Pg._ '~F~ o STATEMENT OF UTII,ITY PRovISIONS FOR PUD REZONE REQUEST NAME OFAPPLICANT: CDN Properties and Thomas Craig MAILING ADDRESS:' 71 1 Fifth Avenue Southt Nopl~s STATE , FL Suite 209 ZIP 34103 ADDRESS OF SUBJECT PROPERTY (IF AVAIl,ABLE): West side of CR 951 and about 1/4 mile north of Vanderbilt Section: Lot: Plat Book Beach Road, LEGAL DESCRIPTION: 34 Township: Block: Page #: Metes & Bounds Description: Subdivision: Range:' 26E Parcel'#l-00203280009, Parcel 2-0020452000 P~pertyI.D.~: Parcel 3 - 00203680007 t (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM ~ ao do capacity) e. SEPTIC SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT O O TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 9/26/2002APPLICATION FOR PUBLIC HEARENG FOR PUD RE-ZONE 0 0 PUDZ-2002-AR-3' PROJECT #2002~ DATE: 11/21/02 KAY DESELEM 1 0 200t o 10. 11. 12. TOTAL POPULATION TO BE SERVED: 417,000 sq. ft. office/commercial PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 1 2 7 GPM AVERAGE DAILy B. SEWER-PEAK 1 1 4 GPM AVERAGE DAILY 45870 GPD 41,283 GPD ,. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Oct. 2003 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge' disposal If percolation ponds are to be used, ~en percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shah be provided agreeing to dedicate to Collier County Utilities the water distr~ution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAII,ABII,ITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services fi.om any provider other than the County, a statement fi.om that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provisioa Statemeat IUM 10/17/97 9/26f2002APPLICATION FOR PUBLIC HEAR/NG FOR PUD RE-ZONE AGENDA ITEM FE@ 1 0 200 LEGAL DESCRIPTION OF PROPOSED NAGEL CRAIG BUSINESS PARK PUD The subject prbperty being 37.5+ acres,, is~,omprised of 3 adjoining parcels that are located in Section 34, Township 48 South,. Range 26 East, and is fully described as: The North half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County,.. Florida, less the east 100 feet previously deeded for State Highway right-of-way (Parcel 1). The North half of the South half of the Northeast quarter of the Southeast quarter of Section 34, .Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right-of-way (Parcel 2). The South half of the South half of the Northeast quarter of the Southeast quarter of Section .34, TOwnship 48 South, Range 26 East, Collier County, Florida, less the east 100 feet (Parcel 3). AGE. N~A ~ ~ FEB 1 0 200/ Prepared b~ and return to: C. Neil Gregory, Esq. Roetzel & Andress, a legal professional a~odation 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 34103 94 !-649-6200 File Number:. 100510.0031C 2952835 OR: 3004 PG: 0660 ,iCCRDII) i~ O[IeiCI~ RiCOil)~ of COLI, II! CO,ITT, 1L ;,:22/2002 at I0:29~ Dgl~ l, BI~I, ~T~IL & AIDH$S 10.$0 DO(:-.TO .?O PUDZ-2002-AR-3411 PROJECT//2002060060 DATE: 11/21/02 KAY DESELEM Warran Deed This Warranty Deed made this ._ ........ ~ q' ~ day of March. ,-~0.~ '~.w,.een Carl M. Nagel and Dana. L. Nagel, husband and wife whosc post office address is 325 Little Harbour l.ane, '~ ~ples, Florida 34102, grantor, and CDN Properties, EL.C. a Florida limited liability company whosc post o,q%c :,idrcss is 711 5th Avenue South. Suite 209, Naple~ Florida 34102, grantee: (Whtmcvcr u.,~.-d hcrcm IbC itt'ms 'grantor' nnd '~.r'dnlt'~' ,n¢lmlc all i1~: F,~r' .~ =:,~ mstr~n~.'~l and lb: hcir~. Ico~l r~..gsnz~mtalive~, and n.~gns of indivJdual~, and Ibc ~,,tcct.--s.,~n's ul~d a~l~s sd' cof~n~w'all(w~. IFtl~ and Ir~slCc:~ ) WJtnesselh, that said grantor, for and in constdcralion of Ibc :',,m ~,f TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideralions to said grantor in hand paid by :ald grantee, the receipt whereof is hereby acknowledged. has granted, bargained, and sold to thc said grantee, and grantee's ~c~rs and assigns forever, the following described land. situate, lying and being in Collier County, Florida to-vat: The North 1/2 of the Northeast 114 of Ihe Southeasl I/4 ~f Section 34, 'Township 48 South, Range 26 Easl, Collier County, Florida, less the East 100' previously deeded for State Highway right of way; and, The North I/2 of lbo South 1i2 of the Northeast 1/4 ,)f the ?,oulheasl 114 of Section 34, Township 48 South. Range 26 East, Collier County, Florida, Jess the East 100' previously deeded for Stale Highway right of way. Farcel Identification Numbers: 00203280009 and 00204520001 Together with all Ibc tenements, heredilamcnts and appurtenances thereto belonging or in anywise aPperlaining. To Have and to Hold. thc sarr~ in fcc sinvle fora'er. grantor has good right and lawfid authority to sell and convey said land; that Ibc grantor hereby fully wan'ar land and will defend thc same against ~he lawful claims of all persons whomsoever: and that said la encumbrances, except taxes accnfing subsequent to December 31. 2001. And the grantor hereby covenants with said grantee that thc grantor is lawfully seized of said land in fee simple; that the FEB 1 0 200 *** OR: 3004 PG: 0661 In Witness Whereof, grantor has hereunto scl grantor's hand and seal the day and year first above written. Signed, scaled and delivered in our presence: . ~ 1~ I.'[ / . ~.~ ~ -, ~ " STATE OF FLORIDA Carl M. Nagel Dana L. Nagel COUNTY OF COLLIF. R The foregoingjnstrumcnt was acknowlcdgcd before me this .,,~tt~ day ...... of March, 2002 by Carl M. Nagei and Dana L. Nagel. who [,~{are personally know~ or { .] have produced driver's licenses as identification. [~o~arx S~all [[~i~'~,'l ~xeo~$s~¢¢~e,~ I~ ~ot,,r,x Public i : ' ' _ u~: __ 11 My Commission Expires: A C -:-:-:-:-:-:-:-:~ A I FEB I 0 200~ F~ 2 FOLIO STRAP OC TR ID 00203280009 00203280009 OWNER> NAGEL, CARL M=& DANA L 325 LITTLE HARBOUR LN 482634 001.0003B34 NAPLES 34 48 26 N1/2 OF NE1/4 OF SE1/4, LESS R/W ORB/P 2340 / 363 SALE DATE 20 897 SAMT 500000 ACRES 18.48 TRS-> 48 26 34 LEGAL-1 -2 -3 -4 CURRENT-EX-AMT HMSTD-X $ loo%-x $ SR-X DIS -X BLD-X WID-X AG-X MILL-CODE 36 CNTY $ $ S-SL, $ $ MILL-RATE S-LB $ $ 13.8877 CITY $ $ -2000- FINAL LOCATION FI Update FL 99 LND $ L-USE I~P $ MKT $ ASSD $ TAXABLE $ NA 482634 Esc Exit 34102 CERT-99-VAL 646800 CERTIFIED COLLIER COUNTY, FL - TAX' ROLL- 7613 AREA N~ CERT - 00 - VAL 646800 646800 646800 646800 646800 646800 646800. 2294.39 MSTU $ 544.93 3330.37 WMB $ 363.50 1664.22 ISD $ 759.86. VADP $ 25.29 (2000 TAXES) TOTAL $ -CERTIFIED- TRS= 482634 8982.56 RES477 i FEB 1'0 200~ . FO 2 FOLIO STRAP ORB/P 3004 / SALE DATE 22 SAMT ' ACRES .' TRS-> 48 26 LEGAL- 1 -2 -3 -4 HMSTD- X 100%-X SR-X DIS-X BLD-X WID-X AG-X WH-X Esc Exit OC TR ID 00204520001 69280000081 00204520001 OWNER> CDN PROPERTIES LLC 711 5TH AVE $ STE 209 482634 030.0003B34 66O 3O2 NAPLES 9.25 34 34 48 26 N1/2 OF S1/2 OF NE1/4 OF SE1/4, LESS R/W 9.25 AC OR 1975 PG 1379 CURRENT-EX-AMT $ MILL-CODE $ 36 $ $ MILL-RATE $ 13.5679 $ -2001- $ FINAL $ (SITE)-> F1 Update CERTIFIED COLLIER COUNTY~ ,FL -TAX ROLL- FL 34102 0000 AREA NA CERT-2000 CERT-2001 48 LND $ 323750 370000 L-USE IMP $ 92694 97612 MKT $ 416444 467612 ASSD $ 416444 467612 TAXABLE $ 416444 467612 CNTY $ 1832.67 MSTU $ S-SL $ 2137.45 W~IB $ S-LB $ 1199.89 ISD $ CITY $ VADP $ -CERTIFIED AD-VALOREM- (2001 TAXES) TOTAL $ 377.32 246.20 536.12 14.87 6344.52 NA COLLIER BLVD 14335 RES477 FEB 1 0 200 711 Fiffil AvenUe Sou~h Suite 209 NapleS, FI 34102 941,659,F~O70 fax 659.6071 To: Bill hoov~' From Cad M. Naget Hoover Planning & ~opmenl, In~. Fax= 403.9009 P~ 5 Phene~ 403.8899. ~ 6/14/02 Ret Collier Blvd. properly CC: Tom Craig I"1 Ur~t x F~ Re, flew [] Please Comment [] Pla. ase Reply r'l Pl~...~ ~ StGNED PLANNING CONTRACT ATTACHED, NOTE; I RECENTLY TRANSFERRED THIS PROPERTY INTO OUR HOLDING COMPANY, PLEASE ADDRESS FURTHER DOCUMENTS AS FOLLOWS: CDN PROPERTIES, LL¢ 711 FIFTH AVENUE SOUTH. SUITE 209 NAPLES, FL 34102 THANK YOU. FEB 1 0 200 oFC 2 FOLIO OC TR ID 00203680007 ~~ .? 00203680007 OWNER> CRAIG, RICHAPD D=& FRANCE~ A PO BOX 899 EDWARDS 34 48 26 S1/2 OF Sl/2 OF NE1/4 OF SE1/4 LESS R/W 9.25 AC STRAP 482634 011.0003B34 ORB/P 2107 / 1174 SALE DATE 10 1095 SAMT 240000 ACRES 9.25 TRS-> 48 26 34 , LEGAL-1 -2 -3 -4 CURRENT-Ex~AMT MILL-CODE 36 MILL-RATE 13.8877 -2000- FINAL HMSTD-X $ lOO%-X $ SR-X DIS-X BLD-X WID-X AG-X $ w~-× $ Esc Exit CERTIFIED COLLIER COUNTY', FI -TAX ROLL- CO' 81632 0899 CERT-99-VAL 7. LND $ 323750 ~-gSE IMP $ ~ 3628 MKT' $ 327378 ASSD $ 327378 FAXABLE $ 327378 1162.21 MSTU $ 1686.98 WMB $ 843.00 ISD $ VADP $ AREA ... CERT-00=V~ 323750 38.83 327633. 327633 327633 276.02 184.12 384.9£ , 12.8'~ LOCATION FI Update (2000 TAXES) TOTAL $ -CERTIFIED- NA .'7 51 495 4550.0~ RES477 ^C, END^ ~TE~ FEB 1 0 200~ NAGEL-CRAIG BusINESS PARK STORM WATER MANAGEMENT SUMMARy Prepared by Davidson Engineering, Inc. 2154 Trade Center Way Suite 3 Naples, Florida 34109 (239) 597-3916 NAGEL CRAIG BUSINESS PARK WATER MANAGEMENT SUMMARY The proposed Nagel Craig Business Park is located in the Harvey Drainage Basin of Collier County, Florida. The project site is located in the northwest quadrant of the intersection of Collier Boulevard with Vanderbilt Beach Road. Wolf Road is adjacent to ' the north property line of the site and Collier Boulevard is adjacent to the east property line. The Harvey Basin Master Drainage Plan requires that all portions of the project that are further than 2000 feet north of Vanderbilt Beach Road discharge to the west into the Island Walk water management system All portions of the project that are within 2000 feet of Vanderbilt Beach Road shall drain into the Vanderbilt Beach Road fight-of-way. The northern 530' of the site shall, per the Collier County drainage plan, discharge to the west to the Island Walk water management system. Currently there is a verbal agreement between the Wolf Creek PUD and the Nagel-Craig property owners that will allow this drainage discharge route to be accomplished. The southern 810' of the property would discharge to the south via a piped system within the loop road fight-of-way to the Vanderbilt Beach Road drainage ditch. The Harvey Basin allows for a post development discharge rate of0.055, cfs/acre. The rate of discharge through the Wolf Creek PUD would be approximately 0.81 cfs. The rate of discharge to the south will be approximately 1.25 cfs. If there is no agreement between the property owners that would allow the storm water fi.om the northern portion of the site to discharge through Wolf Creek PUD, then all the storm water would have to discharge to the Vanderbilt Beach Road ditch and the allowable discharge would remain 1.25 cfs. It is the intent of the designers to engineer the water management system to the guidelines set forth by the Harvey Basin Master Drainage Plan, the South Florida Water Management District and Collier County. Specific drainage calculations will be performed at the time of Site Development Plan review and Environmental Resource P~ mi~ review. FEBI0200 [ Preliminaw Water Management Calculations Site area=37.5 acres~ Area of property greater than 2000' north of VBR right-of-way = 14.8 acres Area of property less than 2000' north of VBR right-of-way = 22.7 'acres Harvey Drainage Basin: Allowable discharge rate = 0.055 cfs/acre 14.8 acres x 0.055 cfs/acre = 0.81 cfs 0.81 cfs to discharge through Wolf Creek to Island Walk 22.7 acres x 0.055 cfs/acre = 1.25 cfs 1.25 cfs to discharge to the south to VBR ditch2 ~AI1 numbers used in the above summary are for preliminary calculations and are subject to change when the project is submitted for SDP and ERP review. 2If at the time of permitting, there is no agreement to discharge through Wolf Creek PUD, all of the storm water run-off shall be routed to the VBR ditch. The allowable discharge rote will be limited to the area permitted to discharge to the VBR ditch per the Collier County drainage plan. In thi.q case the maximum allowable discharge would be 1.25 cfs. FEB 1 0 2004 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper pubhshed at Naples, in Collier Count)', Florida; dism'buted in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 dine(s) m the issue on July 8, 2002 Affiant fu~er ~ays that the said Naples Daily Ne,aa is a newspaper published at Naples, in said Collier County. Florida, and that the ~aid new~paper ha~ heremfor* be~m continuously publi~l~l in said Collie* County, Florida; dislributed in Collier and Lee counties of Florida, each day and ha~ been entered as second class mail manet at the post offi~ in Naples, in said Collier Comity, Florida, for a p~od of 1 year next preceding the first publication of the attached copy of advertisement; and affiant funaher says that he has neither paid nor promised any person, firm or corporation any discount, rebate, com-rmssion or refund for the purpose of securing this advertisement for publ~. ( ~gnamre of affiant) Sworn to and subscn'bed before me z,.~th day of Juiy,~ 2002 (S{gnature 6f notary public) '~" o. ja",'~i,~_ Donna Chesney .~ ~tr ~ M~' c~misr-~o~ ~°r~j Expires September 11 PUDZ-2002-AR-3411 PROJECT #2002060060 DATE: 11/21/02 KAY DESELEM AGENDA ITEM FEB 1 0 200~ ... PUBLIC NOTICR PUBLIC NOTICI~ PU~Lt~ ~u t t~J~ PUBLIC INFORMATION MEETING TO CONSIDER REZONING THE FoLLOWiNG DESCRIBED, PROPERTY Land located on the southwest corner of wolfe Rd. and Collier Blvd. approximately 'A mile north of Vanderbiit Beach Rd. ' FOR THE PURPOSE OF The applicants, Carl Nagel,. Managing Member of CDN Properties, LLC, and Tom Craig request a PUD Rezoning from Agricultural to PUD for an upscale Business Park on approximately 37.5' acres of land located at the southwest comer of Wolfe Rd, and Collier Blvd. ~ THE MEETING WILL BE HELD ON JULY 25, 2002 AT 5:15 PM AT FAITH COMMUNITY CHURCH 6455 22nd AVENUE NW VIC/N/TY MAP " .5 I immokalee Rood M#w _ o~ Subject Wolfe Rd. ~ yanderb/It Beach Ro,~d .~ Golden Gate ~ Blvd. Pine Ridge Rood IWhite B/vd. No. 99638181 FEB 1 0 200~ Public Participation Meeting Summary Nagel-Craig Business Park PUD July 25, 2002 The meeting was called to order at 5.: 15 PM by Collier Cotlnty Planner Kay Deselem, There were approximately 11 people in attendance including Ms. Deselem, Bill Hoover of Hoover Planning & Development and Bob Mulhere of RWA, Inc. representing the petitioner. Ms. Deselem briefly outlined the petition process and then introduced Bill Hoover. . Mr. Hoover outlined what the petitioner is proposing, for the subject property. He explained that business parks today do not contain uses that detract fi:om the park's and neighborhood's overall character. In addition, the petitioner is removing many uses fi:om the Business Park category that they deem inappropriate. There was a general discussion concerning the land uses proposed that abut the subject property. Additional discussion took place about the roadways within the general area and how they will connect to Vanderbilt Beach Road and CR 951. Ms. Lewis, representing Christ Community Lutheran School, discussed access to their property. There was a brief discussion concerning the school location and specifics of their future development. Mr. Hoover said he would keep in touch with them as the business park project goes through the rezoning process. A brief discussion occurred concerning current building moratoriums and how they effect development in other areas of the county. Mr. Hoover explained the traffic study, which has been submitted to the county and the large area it includes. There was a discussion concerning surrounding road improvements that are scheduled and their timing with the development of this project. Level of service for the surrounding roads was also discussed and how the proposed shopping center to the south will effect traffic. A general discussion occurred of checkbook concurrency. Mr. Hoover discussed the importance of properly located commercial as it relates to traffic patterns. The timing ofdevelopmem was discussed by Mr. Nagel. It was noted that the permitting will take 18 months and then the road, utility construction and site development would add many more months before buildings would be occupied. He talked about the petitioner's commitment to a quality business park for the area and where professional office space would be provided. He noted the inclusion of flex-space and storage space. The meeting ended at 6:30 PM. AC~NDA ITEM FEB I 0 200 .5' Letter Affidavit Nagel-Craig Business Park On July 5, 2002 letters were mailed to all property oWners within 500 feet of the subject property. Additionally a letter was mailed to the Golden Gate Estates Area Civic Assn. William L. Hoover, AICP July 5, 2002 Dear Property Owner: Please be advised that as agem for the applicants, Carl Naget, Managing Member of CDN Properties, LLC, and Tom Craig request a PUD Rezoning fxom Agricultural to PUD for an upscale Business Park on approximately 37.5 acres of land located at the southwest corner of Wolfe Rd. and Collier Blvd. / In order to provide you an opportunity to become fully aware of our intentions and to give you an oppommity to influence the use of our property, we are holding a Pub[ic Information meeting at 5:15 on July 25, 2002 at Faith Community Church, 6455 22~ Avenue NW. At this meeting we will make every effort to illustrate the intended use of our property. Sincerely, Bill Hoover, AICP AGENDA ITEM FEB 1 0 200q ~ZO~O~ ~ZO~O~N ~Z~~ ~ZO~ ~Z~ 0 ~ZO~N ~Z~N ~ZO~ ~Z~~N ~Z~I:~I~ ~ ZO~ ZO~ Z~ ZO~ 'ZO~ ~ ~!- 0 '4" 0 0 0 o o 0 0 0 .-~ ° ~-~ O: oz ; ed.,< 0:3 -.I ,..,i ti. ,U ,,.,~ ,,~N' -.j, eq.l. "'~" .,~' Z o o<1 (7, 0<3; c~.z o O' U~ ,.I cnl----I U.I U.I >a3Z ~ZO~N ~ZO~ ~Z~ 0 ~ZO~O~N ZO~ ZO~ C~ 0 0 0 0 0 0 0 OUJ o~ o° O~ :) 0 o 0 o 0 0 -~: 0 O: --¢ ~1~ 0 0 0 IL .JLU CO --I1'" 0 o 0 0 u j7 o 0 o 0 PIJD t'RE-A 1.' }'LI CATION MEETING NOTE S Date: [,-"~-?-C_'L Time: I 19F~ Firm: H,zx vo-C Applicant Name: CfX~L ~&~;..~ ~N~ C ~Xl¢ Phone: Owner Name: -%&t~C. Owner Address: -- Phone: Meeting Attendees: Planner: Meeting Notes~_~ . 17 Copies of the followin[: ~ Co~leted Application ~ Pre-application Mee~g Notes ~ Concepmal Sitc Plan 24X 36'' and One 8 ~A X 11'' c°py ~ p~ doc~ent ~d Master Plan 2 Copies of the following: ~ Deeds/Legals & S~ey (ifbo~d~ of ofigNal P~ is mended) ~ List idenfi~g Omer & all paffies of co~orafion ~ O~effAgent Affi~vit si~ed & no--ed ~ 1 copy of co~leted Ad&essmg ~ec~ist 4 Copies of the following: ~ CO~ Traffic I~act Statement (TIS) or waiver ~ Env~omental ~act Statement (EIS) or waiver, " Historical Smwey ~' waiver reque~ . - Uti} iW Provisions S~ ~hes Architectural rende~g of proposed sn~ctmes Storey, st~ed & sealed Recent Aehal Photo.apb (~ habitat seas de.ed) m smld 1" = 400' Fees: Applicahon Fee $3,000 + $25 per acre $25 Data Conversion $300.00 Pre-application fee (to be credited toward application tee upon submittal). F..-'~e 'Ps,tat ~; PUDZ-2002-AR-_341t- - PROJECT #2002060tRi0 DATE: 11/21/02 KAY DESELEM FEB 1 0 200;t PRE-APPLICATION MEETING SIGN IN SHEET Project Name ~LEASE Date of Meeting' Name Division/Dept Regarding Kay Deselem CDES/Plng Srvcs '~rrenf Planning Phone Number (239) 213-2931 7._?Z -Z¢...C O I ~: forms,Pre-App sign ;n _h~ ,:,-,n 6/6/02 FEBI0200~ j Supplemental Deviation JustificatiOn Excerpts from Agent's resubmittal letter of Sept6mber 25, 2003 With regard to Landscape Deviation 1: Reduction of required land~cape buffer width - Staffdoes not support th~ proposed reduction in the required buffer width. The propbsed width reduction does not meet standards under LDC 2.2.16 1/2.1. The required buffer width is required to provide adequate room/area for a double row of trees and to provide specific buffer designation for (BP's) tinder 2.2.16 1/2.:2.4.7. The proposed buffer width reduction does not. Under ~ LDC 2.2.16 1/2 business park standards "It is intended that the BP district be designed in an attractive pa~k-like environment, with low structural density and large landscaped areas..." The proposed buffer widths would not meet the LDC intent and would present the same buffers as all other developments adjacent to this parcel and also within Collier County thereby defeating the purpose and intent of the business park district (BP) designation. The buffer width standard is required to meet purpose and intent for the Business Park Designation. It is also required to meet good landscapegho,rticultaral practices. Response: Based upon a meetingwith Susan Murray and Kay Deselem held on September 17, 2003, it was determined that the requested deviation was supportable, and could be deemed to be consistent with the p~rpose and internet of the Business Park District, if an amount of landscape area (with landscape trees) equal to that which is not being provided in the landscape buffer (via the reques(ed deviations) is placed in other locations (in the form of landscape/greenspace) throughout the prbject. Accordingly, the deviation language in the PUD has been revised to read as follows: (1) Deviation from LDC Section 2.2.16 V2.2.4 (7) to allow for a five-foot reduction in the required northern, and southern perimeter buffers from 25 feet to 20 feet for the northern, eastern and southern perimeter landscape buffers. The 20-foot-wide buffers shall be designed in accordance with the provisions of LDC Section 2.2.16 'A.2.4.7, except: (a) Only 80% of the required trees per Section 2.2.16 ~.2.4.7 shall be located within the 20 foot perimeter buffers, placed no more than 30 feet on center; and, (b) One or more additional landscape/greenspace areas' totaling 17,700 square feet and not less than 4,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landscape/greenspace area shall include at a minimum the balance of the trees normally required by Section 2.2.16 ¼.2.4.7, but not required within the perimeter buffers pursuant to paragraph (a) above. With regard to Landscape Deviation 2: Elimination of the masonry wall requirement adjacent to residential uses. Staff will support this deviation if the following stipulations/requirements are provided. 1. All proposed Preservations and or Mitigation Planting Areas will be subject to Collier County StaffApproval at time of SDP(s). 2. No 24-hour business's or restaurants allowed within 100 feet of any Preserve or Mitigation Area. 3. No Access Roads/R.O.W/Vehicular Use Areas/Dumpsters allowed adjacent (with 20 feet) of any Preserve or Mitigation Area. (Note: the 20 foot has been added to clarify what is meant by adjacent and was reviewed and support by Kay Deselem and Susan Murray during a meeting on September 17, 2003.) 4. No building over 35 feet in height within 100 feet ofany preserve or Mitigation Area. Response: We agree with the above stipulations with the one clarification added to stipulation number 3. The clarification will require at least a 20-foot separation between the listed uses and the preserve or mitigation area and will thus define what is meant by the term "adjacent" in this context. The above conditions have been added to the PUD and the Master Plan. FEB 1 0 200 3rd RE-SUBMITTAl, PUDZ-2002-AR-3411- PROJECT 112002060060 DATE: 9/26/03 KAY DESELEM, SCHEDULE OF DEVIATIONS (ANI) NARRATIVE EXPLANATION AND JUSTIFICATION) Deviation from LDC Section 2.2.16 '/2.2.4 (7) to allow for a five-foot reduction in the required northern, and southern perimeter buffers from 25 feet to 20 feet for the northern, eastern and southern perimeter landscape buffers. These 20-foot-wide buffers shall be designed to be opaque within one year with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center and a meandering LDC Type D landscape buffer hedge. In addition, a minimum of 50 percent of the buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. Explanation and Rational for Deviation Request; LDC Section 2.2.16 ~.2.4 (7) reads as follows: 2t 25-foot wide landscape buffer shah be provided around the boundary of the business park A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shaH be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall corn bination. The project is unique in that it will be surrounded on three sides (north, east & south) by roadways (two of which do not currently exist and which will be facilities, in part, by reservation/dedication of land fi-om Nagel-Craig Business Park). To the north is Wolfe Road, which is intended to become a public road at such time as all necessary ROW is reserved and acquired. The Nagel-Craig PUD provides for a 40-foot wide reservation (for first 500 feet east of Collier Boulevard) and a 30-foot reservation along the balance of the project's northern boundary for Wolfe Road. Wolfe Road will provide a significant public benefit by reducing impacts on the intersection of Collier Boulevard and Vanderbilt Beach Road, by allowing residents and guests, and.employees and clients of properties along Wolfe Road and to the north and west of Wolfe Road to travel north and south without impacting this intersection. The same benefit is derived from the smaller loop road that will be constructed around the newly approved shopping center in Mission Hills PUD to the south of the Nagel-Craig PUD. A sigrfificant portion of this loop road is located on Nagel Craig PUD property. Once constructed, the road will be dedicated to, and maintained by, the County. Transportation staff requested both the smaller loop road and Wolfe Road. There is a si~tmificant public benefit to the widening of Collier Boulevard and the establishment of the loop road and Wolfe Road. This request simply minimizes the impacts of these reservations on the property owner, without compromising the intent of the perimeter buffer requirements. The requested 20- foot wide buffer will be visually attractive given the planting requirements. The five-foot reduction will not will not be discernable to passing motorists and pedestrians, nor will it have a deleterious impact on the health and survivability of the plantings. The k be designed to be virtually opaque within one year. To the east is Collier Bou] ,yard the requested 20-foot buffer widths are consistent with buffer widths that are ir w~i~~ approved on properties to the south (Mission Hills PUD) and the north. P:L2002\02-0114.01 NageI-Craig Business Park Addq SupportS)001 General Consultation'~h:viafion Explanation and Justification FED ! 0 200 ;~,5).dgg. I 7~ To apProve such a deviation will not set a precedent, as there are no other known examples of business, park district zoning sUrrounded ,6n three sides by roads to be or roadway easements to be dedicated by the applicant, as is the case here, AdditiOnally, it will actually make the project consistent with the LDC requirements for 20' Type D landscape buffering adjacent to vehicular right-of-(vays per LDC S~.2.4.7.4 Table 2.4. It is justifiable to approve the requested 5-foot reducti°n perimeter landscape buffer width, when one.considers that: a) We will be planting all required vegetation; b) The requested 20~foot wide butter will be equal to or greater than buffers on adjacent properties; , c) The 5-foot reduction will not be discerm~ble to motorists or pedestrians, since the LDC requires a 6ofoot wall, berm, or combination thereof, to be installed within per/meter landscape buffer, and, d) None of these perimeter buffers (north, south and east) are adjacent to residential development, where clearly the w/der buffer is justified. e) Finally, we have agreed that: (l) (2) A minimum of 80% of the required trees Per Section 2.2.16 ½.2.4.7 shall be located within the 20 foot perimeter buffers, placed no more than 30 feet on center; and, One or more additional landscape/greenspace areas totaling 17,700 square feet and not less than 4,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landscape/greenspace area shall includ~ at a minimum the balance of the trees not required per paragraph (a) above, but normally required within the 25-foot Business park perimeter buffer by Section 2.2.16 '/2.2.4.7. Deviation from LDC Sections 2.6.11.4.2 and 2.2.16 ~.2.4 (7) to waive the requirement for a six-foot tall opaque architecturally finished .masom'y wall, or berm, or combination thereof within the PUDs western perimeter buffer. Explanation and Rational for Deviation Request: LDC Section 2. 6.11.4.2 reads as follows: Walls and fences required contiguous or opposite residentially zoned districts. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a masonry wall or prefabricated concrete wall~fence. If located on a contiguous property, the wall~fence shall be a minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six feet from the residentially zoned district. If on a property opposite a residentially zoned district but frontint] on a local street, or the properties are separated by a platted alley, the wall/fenc{ shall be located a minimum of three feet from the rear of the right-of-wa~ landscape buffer line and shall be four feet in height. On properties which fron[ on more than one street, a six-foot high wall/fence shall be required along tht street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. At the applicants' request, the planning services director may determine that a masonry wall~fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for the approval of an alternative design, and a descriptive narrative through the administrative variance process set forth in subseca'on 2. 6.11.5. 7. of this Code. The planning services director will review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved the fact of the approval and basis for it shall be stated in the site development plan approval letter. Section 2.2.16 ~.2.4 (7) reads as follows: A 25-foot wide landscape buffer shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30feet on center shall be located on the outside of the wall, berm, or berm/wall combination. Currently, no portion of the property is adjacent to residential uses. The portion of the property that will be adjacent to the future residential uses, assuming the Wolf Creek PUD is approved, will be separated fi-om those residential uses by significant retained and replanted native vegetation preserves. Further separation will be provided in the form of stormwater management lake facilities. It must be understood that minor revisions to the boundaries of the preserves (both created and retained) may occur. The native vegetation buffer width is, at its narrowest point, a minimum of ill°fy feet in width. The native vegetation makes a substantial buffer between the adjacent residential and the business park. These preserves, both existing and planted will provide for a more than adequate buffer, when coupled with the roadway and the buffer on the adjacent residential development. The deviation request has been revised to indicate that at the time of SDP, a landscape plan will be submitted depicting existing retained vegetation, vegetation to be planted as mitigation for native vegetation retention, and, where necessary, supplemental vegetation within retained native vegetation areas to result in vegetative screening of the business Park uses from the adjacent residential property. The purpose of the wall requirement is to ensure that the adjacent residential land uses are adequately buffered from the business park uses. In the case at hand, structures are limited to a height of 35 feet witt of the adjacent proposed residential PUD. Moreover, no outside storage is p the PUD. Thus, there are no concerns relative to tall buildings, or noise, or might be generated fi-om the business park uses, as we have agreed to lira heights to 35 feet not to exceed one story with_in 100 feet of residentially zone P:'.2002~)2-0114.01 Nagel-Craig Business Park Addq Support\0001 General Consultafion~Deviarion Explanation and Just/ficatio~ >dor~,'t~nt d t prbl~eft~. 20011 The existing n.ative vegetation areas, coupled .with. the proposed replanted vegetation areas, water management lake, and buffers that will be' installed on the adjacent future residential PUD will more than adeqUately screen the residential uses from the business park. The vegetation within the preserve areas will. be supplemented, where necessary tb ensure virtually opaque buffer. Please keep in mind that the adjaceat residential PUD is required to provide a Type B "Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. Wh.en planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting." So, in. actuality, the buffer between these uses will be at least 65 feet in width, and in most cases significantly wider. This will be virtually opaque and shall be adequate to buffer the adjacent residential uses. Deviation from LDC Section 2.2.16 ½.2.5.5 which limits building heights in the Business Park district to 35 feet to allow building heights up to 42 feet in height when located a minimum of 100 feet from any residential zoned property. Explanation and Rational for Deviation Request: This request is consistent with the allowable height in the Mission Hills PUD immediately to the south. Allowing the increased building height of 7 feet will allow for architectural roof design flexibility, and higher ceilings, within a three story building, which is appropriate for professional office uses and corporate headquarters. The district purpose and intent indicates that the BP district be "designed in an attractive park-like environment, with low structural density and large landscaped areas provided for both the functional use of buffeting and enjoyment by the employees of the BP district." The allowance for slightly taller buildings will clearly allow for 3-story office structures designed with architectural embellishments and enhanced roof design. Since the total square footage of the park is limited to 417,000 square feet, encouraging the development of 3-story office buildings will further the purpose and intent of the district by reducing building coverage and increasing land available landscaping and open space. The allowance is not in conflict with the intended low structural density, which arguable is achieved through open spaces and landscaping and not necessarily through reduced height, particularly since 3-story buildings can be achieve in 35 feet. The additional 7 feet requested simply creates an opportunity for greater architectural design flexibility, primarily for office uses located on the second or third floor of a building, and for a flexible roof design that will be much more aesthetically appealing, such as a gable roof design versus a flat roof design. Moreover, the only planned future residential zoning adjacent to the PUD is along the western boundary (Wolfe Creek PUD). The PUD Master plan provides for native vegetation preservation retention and mitigation areas along the western boun are at min/mum 50 feet in width and on average more than 100 feet in perimeter buffers and perimeter roadways, coupled with the predominan residential uses adjacent to the project ensures that the additional building hei result in an incompatibility issue. We have agreed, as was discussed with 29th, to limit building height to 35 feet not to exceed one story (the same bui P:~2002~2-0114.01 Nagel-Craig Business Park Add't Support\0001 General ConsultationkDeviat/on Explanation and Justiflcati, that is permitted in the single-family resid::~dal distinct) within 100 feet of residential zoned property. This will also ensure an appropriate transition required under Division 2.8. , Deviation from LDC Section 2.2.16 ~2.2. i .::d 2.2.16 ½.2.3 which identifies i~ermitted Primary and Secondary uses, respectively, 2o xllow for the following additional uses which are not specifically identified in_ ' .... ' ~ ~.2.1 and 2.2.16 ½.2.3, but which are comparable in nature to many of the uses tilat are expressly permitted and which are desirable uses within the business park. a. Permitted Principal Uses and 5t:,~:ctures: Building construction- general contractors (groups 1521 - 1542). Landscape Counseling and Pt~.~ning (0781) b. Accessory Uses to Permitted ?:mary and Secondary Uses: Automobile rental (group .*J' ;~. accessory to a permitted hotel/motel (group 7011) only. Explanation and Rational for Deviation R.,:,q uest: The deviation request for these few uses is h 2od upon their comparable nature with other expressly permitted uses in the district. .~/e have provided substantial buffering, especially fi.om the proposed future resid~.:-,:,i:d to the west. We intend to develop very attractive buildings in a "park-like" setting. : ~itdoor storage of equipment is prohibited, and parking of commercial vehicles is ,aly permitted in rear yards. Building construction - general contractors (groups I :~ 21 - 1542), which includes general building contractors, for both residential and non-residential buildings, including industrial and warehouse buildings, is not in any sigrfificant way different from Specialty trade contractors group (1711 - 1799), which is permitted in the Business Park zoning district. Thus, a deviation is being requested. Please remember that outside storage is not permitted anywhere in the park. If specialty cCntractors are located within the park, then it makes sense to potentially allow for general contractors to be located within the park as well, assuming that equipment and material ~torage will be located elsewhere and that primarily the park would accommodate a company headquarters/office facility (with respect to both general and specialty trade contractors). The SIC Code describes Landscape Counseling and Planning (0781) as Establishments primarily engaged landscape planning and in perform landscape architecture and counseling services. This is a use that is very similar to the permitted (Engineering, accounting, research, management and related services (groups 8711 - 8748). In fact, many full-service consulting firms provide landscape architecture services in addition to civil engineering, planning, surveying ad the like. To exclude this use does not make sense. I AC-iE:I~A ~ The auto rental uses is only anticipated as a support accessory) use to a potential ~dgin~''' ~' ' g facility (hotel/motel). FEB I 0 200t P:k2002',02-01 '4.01 NageI-Craig Business Park Add'l Support\0001 General ConsuitarionkDeviation Explanation and J~s,i~,~o,(:e~Sl.~o~ P~- 7~ NAGEL-CRAIG BUSINESS PARK PUD Standard Rezone Considerations (LDC Section 2. Z2.5) Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. Response:. The development of approximately 37.5+ acres ofproperty in Collier County, as a Planned Unit Development to be known as the Nagel-Craig Business Park PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan, as amended. The business park facilities of the Nagel-Craig Business Park PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban-Mixed Use District land use designation as identified on the Future Land Use Map and as described in the Business Park Sub- District of the Urban - M/xed Use District in the Future Land Use Element, as amended. The Future Land Use Element permits business park uses in this area. The subject property's location in relation to existing or proposed community facilities and services permits the development's business park intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of thc Future Land Usc Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 .H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, as amended, of the Collier County Land Development Code, as amended. 2. The existing land ase pattern. RE-SUBMITTAL PUDZ-2002_.AR.3411 PROJECT #2002060060 DATE: 6/12/03 KAY DESELEM FEB 1 0 200q Response: The proposed project will be consistent with the existing land use pattern, given the recent approvals of PUD Zoning adjacent, and surrounding the proposed PUD property, and the implementing of the LDC and PUD development standards. The possible creation of an isolated district unrelated to adjacent and nearby districts. Response: No, the proposed PUD Zoning District will is consistent with the GMP provisions for a Business Park District. 4. Whether existing district boundaries are illogically drawn in relaa'on to existing conditions on the property for the proposed change. Response: While not necessarily illogically drawn, the Agricultural Zoning District in the Urban/Mixed Use Future Land Use Designation is merely a holding District until it is appropriate for a change to a Urban District. It is understood that land zoned agricultural in the Urban designated are will change to another more urban district in time. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Response.:. Historically, the area has changed fi-om an agricultural land use pattern to one ¢,at allows for a mixture of residential and nonresidential urban uses. Therefore, the proposed zoning change is appropriate based on the existing conditions of the property, and the surrounding properties, and because of its relationship to the Future Land Use Element of the Growth Management Plan is a positive one. 6. ~7~ether the proposed change will adversely influence living conditions in the neighborhood. Response.'. No, the development standards, and commitments contained in the PUD will provide reasonable assurance that the project, when completed, will not adversely affect living conditions in the area. Whether the proposed change will create or excessively increase traffic congest'on or create types of traffic deemed incompatible with surrounding land uses, because of £eak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Response: No, the roadway infrastructure commitments attendant to the approval of this PUD will improve existing vehicular circulation patterns, and will enhance access opportunities for surrounding existing and furore lands uses, and for public safety. Moreover, the Business Park will provide employment opportunities that will reduce the distance that employee must travel from points east to the western urban area resulting in a positive impact in terms of trip reduction n the County's east/west arterial system.... FEB 1 0 8. Whether the proposed change will create a drainage problem. Response: No, the drainage infraslructure commitments attendant to the approval of this PUD will not degrade, and will improve existing drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: No, the development standards in the PUD document meliorate any potential light reduction issues. 10. Whether the proposed change will seriously affect property values in the afljacent area. Response: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since the determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response: No, the basic premise underlying the zoning development standards in the Collier County Land Development Code, which the PUD document will become a part of if approved, is that their application, when combined with the approvals processes, gives reasonable assurance that a change in zoning will not deter improvement of adjacent property. In additional, coordination, to the extent possible, with adjacent landowners has occurred throughout the process. 12. [Vhether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said Plan. In light of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plan is further determined to be a public welfare relationship because actions consistent with the Plan are in the pubhc interest. Further, the PUD is consistent with the Business Park Zoning District. Where deviations are permitted through this PUD rezoning process they are permitted as a result of a determination of public benefit or not public detriment. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Response:_ The subject property can be developed in accordance with the existing zoning, however, to do so would deny this Petitioner of the oppommity to maximize the development potential of the site as made possible by its consistency rel~ Future Land Use Element of the Growth Management Plan.. Further, dd ?elo]~[t.~ the ag-r/cultural zoning is limited and does not result in an economy of scale for urban uses which is desirable in the urban designated area where adequate services and infi:astructure is available to serve such urban uses. ]4. Whether the change suggested is out of scale with the needs of the neighborhood or the county. ~ Response: No, ~the proposed PUD will not be out of scale with'the needs of the neighborhood and in fact, will serve the needs of residents and will provide employment opportunities as well. 15. Vr3ether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Response: There are very few sites that are zoned to accommodate a Business Park District. This is a relatively new district create to provide for a unique and business oriented mixture of uses. Moreover, tiffs is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the Growth Management Plan, land use compatibility, adequacy of infrastructure, and to a lesser extent the timing of the action. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any 'of the range of potential uses under the proposed zoning classification. Response: The extent of site alteration will' be determined, as a function of obtaining development plan approvals that will further define the PUD. Required native vegetation preservation and/or mitigation for impacts to required native vegetation preservation can be accommodated on site. The site can also accommodate significant land to be utilized for transportation improvements, water management, and landscape buffers, while retaining sufficient lands for intended uses. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. III, as amended. Response: The programmed improvements as set forth ia Collier County's Capital Improvement Element of the Growth Management Plan addresses the adequacy of public services and levels of service to be consistent with the Growth Management Plan relationships. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined During public hearing (s) PUD Rezone Considerations (LDC Section 2. 7.3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, Surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The proposed PUD's consistency with the lOcational criteria set forth on the Furore Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (G/VIP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and comnfitments contained in the proposed PUD document, gives reasonable assurance that all infi-astructure will be developed consistent with County regulations. Adequacy of evidence of unified control and suitability of any proposed agreementd, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: The documents submitted with this petition application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Response: Please refer to the Item # 1. under Standard Rezone Conditions, above. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Response:. The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the available improvements and facilities, both public and private. Response: The timing and sequence of ;se permitting the proposed development coincides with the programming of r!:.~: County's proposed capital improvements to meet concm-rency requirements. Adequate improvements, utilities and other facilities can be p~ovided. 7. The ability of the subject property and ,_~; :;~rrounding areas to accommodate expansion. Response: Ability, as applied in this c(;.~::~xt, implies supporting infrastructure such .as wastewater disposal system, potable ~.,.' ~;cr supplies, characteristics of the property relative to hazards, and capacity of ro:~cs :3 supportive of conditions emanating fi.om urban development. Relative to this _Pe:~ ::on, development of the subject property is timely, because supporting infrastructure ~e available, or will be in place by the time. permitting of the proposed improvements :s complete. o Conformity with PUD regulat~'ons, or r~s :. ~ desirable modifications of such regulations in the particular Case, bas ea, ~ determination that such modifications of justified as meeting public purposes to ,~ ~ ,'c~ee at least equivalent tO literal application of such regulations. Response: The development standards in :::: i:roposed PUD document are consistent with the standards in the Business Park dis~:,~ ~. ,vhich reflects the purpose and intent of the Future Land Use Element. RE-SUBMITTAL PUDZ-2002--AR-3411 PROJECT #2002060060 DATE: 6/12/03 KAY DESELEM NAGEL-CRAIG BUSINESS PARK Transportation Impact Study Prepared For Mr. Carl Nagel ' 711 Fifth Avenue South Suite 209 Naples, FL 34102-6628 Mr. Tom Craig 2770 S. Horseshoe Drive Suite g4 Naples, FL 34104 Prepared by Davidson Engineering, Inc. 2154 Trade Center Way, #3 Naples, Florida 34109 & Hoover Planning & Development, Inc. 3785 Airport Road N., #B-1 Naples, Florida 34105 June 2003 HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions June 9, 2003 Updated Traffic Impact Study for the 35.5-Acre Nagel-Craig Business Park, Located in Sec. 34, Twp. 48S, Rng. 26E, in Collier.County, Florida INTRODUCTION The subject property is approximately 35.5 acres and is located about'l/4 mile north of Vanderbilt Beach Road on the west side of Collier Blvd. (C.R. 951). All of the subject property is currently zoned Agricultural. The land abuts the northern boundary of the recently approved 200,000 square foot shopping center (M/ssion Hills PUD). The project's southern boundary fronts on the east-west portion of the proposed loop road (hereinafter "loop road") that would connect Collier Boulevard with Vanderbilt Beach Road (see. attached Exhibit 1). The project is estimated to start construction of infrastructure in Spring 2004, have the initial buildings complete with occupancy starting in January 2005, and complete construction and have full occupancy of all buildings by late 2007. The project is projected to impact the County's arterial roadway network as follows: 25% of the project's truffle at the end of 2005 (labeled "Phase 1"), 63% of the project's total U'affie at the end of 2006 (hereinafter "Phase 2'), and 100% of the project's total traffic by the end of 2007 (called "Phase 3"). TRIP GENERATION The ITE's 6th Edition of Trip Generation was utilized to estimate the number of trips for all of these land uses. Category "Business Park (770)" was used to estimate the trip generation of this project based on project acreage. The "Fitted Curve Equation" was used, unless it was unavailable. BUSINESS PARK (770) - 35. 5 Acres (Based on Acreage so "x" = 35. 5) Formula = Number of Trips per Time Period Enter(%)/Exit(%) T = 156.811 (x); 199.376 = 5368 Weekday Daily Trips 268.4(50%)/2684(50%) T -- 20.989(x) - 60.603 = 685 Wkdy. AM Peak HR 582(85%)/103(15%) T = 16.824(x) + 0.571 = 598 Wkdy. PM Peak HR 120(20%)/478(80%) ADJUSTMENT FOR MIXED-USE DEVELOPMENT Since the 6th Edition of Trip Generation does not go into passer-by trips or mixed-use development, the ITE's Transportation and Land Development and Trip Generation Handbook were utilized. Pages 47 - 49 of the ITE's Transportation and Land Development and pages 86 - 88 of the Trip Generation Handbook describe the traffic impacts of mb ed- use development. In this case it would be between the approved adjacent 200,000 sq foot retail shopping center and the proposed business park, which will be connecte( 3785 Airport Road North, Suite B-I, Naples, Florida 34105 ° Phone: 239-403-8899 ° Fax: 2 are AOF_NOA~'~t by ~°.~ FEB internal roadways and have common access onto both Collier Boulevard and Vanderbilt Beach Road. Basically these ITE books state that~some individuals will visit two or more destinations pripr, to getting back onto the arte.rial network, The business park's trips were reduced by 23% to reflect multi-use development, per the results of research done by Colorado-Wyoming Section of the ITE and on a series of study sites ia Florida. The ITE also advises that the trip reduction is taken from the satellite center of office park and not the shopping center. The adjustments are shown below. BUSINESS PARK (770) - 35.5 acres After Adjustment for Mixed-Use Development 5368 x .77 = 4134 Weekday Daily Trips 685 x .77 = 527 Weekday. AM PK HR of Adj. St. 598 x .77 = 460 Weekday PM PK HR of Adj. St. Enter(%)/Exit(%) 2067(50%)/2067(50%) 449(85%)/79(15%) 92(20%)/368(80%) TRIP DISTRIBUTION The project's trips were distributed based on dwelling unit counts within Traffic Analysis Zones (TAZ) of the project's trade area or marketing area. A map showing the marketing area for the projects and trip distribution for each TAZ is shown on Exhibit 2. The trade area was projected to extend about 5 miles in each direction from the intersection of Vanderbilt Beach Road and Collier Boulevard and approximately an additional 50% further to the east due to the scarcity of commercial and business park uses in the Golden Gate Estates Area. The number of dwelling units 'in each TAZ were first put on a list and were based on the 2001 dwelling unit counts as of March 31, 2001, that were obtained from Long Range Planning. Since residential units closer to the business park and those without competing commercial centers would be more likely to utilize these facilities than other units within the trade area these units were weighted. Essentially, the units within the TAZ within 2 miles of the intersection between Vanderbilt Beach and Collier Boulevard (TAZ Numbers 42, 43, 50, 51, 52, 60, 61, 62, 70, and 71) and those along Golden Gate Boulevard (TAZ Numbers 193 and 194) were multiplied by 2. The remaining units were not weighted. After weighting and totaling all of the dwelling units in the trade area, a ratio of the dwelling units within each TAZ compared to those within the entire trade area was computed for each TAZ. The ratios were rounded to the nearest full percentage point. Next each ratio was assigned to the closest arterial roadway serving each TAZ. This is also shown on Exhibit 2. The project's cumulative trip distribution was then determined by having the traffic utilize the most likely route to and from the site (see Exhibit 3). TRIP ASSIGNMENT The project's traffic was then assigned to its study area. Exhibit 4 shows the project's Phase 1 trips for the AM and PM Peak Hours and Weekday Daily traffic. Exhibit 5 shows the project's Phase 2 trips for the AM and PM Peak Hours and Weekday Daily traffic. Exhibit 6 shows the project's Phase 3 or total trips for the A.M. Peak Hour trips, P.M. Peak Hour trips, and Weekday Daily trips. AGENDA~ FEB I 0 200z PLANNED ROADWAY IMPROVEMENTS This traffic study has incorporated planned roadway improvements that commence in FY' 2003 through FY 2007, (shown on Exhibit 7). Exhibit 7 also displays an estimate of the year the new lanes would be open for traffic. , RADIUS OF DEVELOPMENT IMPACT Exhibits 8 (Phase 1), 9 (Phase 2), and 10 (phase 3) show the greater of the project's A.M. or P.M. Peak trips and what that ratio is versus the applichble roadway segment's LOS C traffic at Peak Hour. The RDI was based upon the County's determination that the RDI for a proposed commercial PUD Rezoning is any arterial roadway within 5 miles where the project's trips exceed 1% of LOS C for that roadway segment. , · EXISTING TRAFFIC (2003} For the existing 2003 traffic, the 2002 annual counts were obtained from the Collier County Transportation Planning Section. The 2002 traffic figures were increased by 108%. to project the 2003 existing traffic on all roadway segments. Peak Season Daily Traffic figures were based on the Peak/Annual Ratios shown in the County's 2001 traffic counts. These ratios are shown on Exhibit 11. The Annual Average Daily Traffic (AADT) and Peak Season Daily Traffic (PSDT) for each roadway segment within the project's RDI and that roadway segment's LOS for PSDT is shown for 2003 on Exhibit 12. All arterial roadways within the project's RDI are currently at an acceptable LOS, except for the following roadway segments that are at LOS F: Immokalee Road, east of Collier Boulevard; Collier Boulevard, between Immokalee Road and Pine Ridge Road; Vanderbilt Beach Road, between Logan Boulevard and Airport Road; and Logan Boulevard, between Pine Ridge Road and Green Boulevard. FUTURE TRAFFIC The 2003 existing traffic figures were increased annually by 108% to reflect future lxaffic on all roadway se~mnents throughout the project's build,out schedule. One key adjustment was made when projecting the 2004 traffic condilions. Since Livingston Road, between Immokalee Road and Radio Road, is planned on being opened as at least a 4-lane arterial roadway its opening will have significant impacts on north-south arterial roadways within the project's study area. For this traffic study in 2004, Collier Boulevard's traffic was increased by the 108% annual growth factor but then an estimated 10% of its traffic'was expected to be lost to Livingston Road. Likewise in 2004, Logan Boulevard's traffic was increased as previously mentioned and then 15% of its traffic was expected to be lost to Livingston Road. No further adjustments were made beyond 2004 in regards to the opening of Livingston Road. Exhibits 13 and 14 show the 2005 traffic conditions for the project's Phase 1 for Anmm! Average Daily Traffic and Peak Season Daily Traffic, respectively. All roadway segments within the project's RDI will be operating at an acceptable LOS except for Collier Boulevard, between Golden Gate Boulevard and Pine Ridge Road, that will b~ 3L L,~&~5^ FEB 1 0 That roadway segment is scheduled for 6-1aning in FY 2007. In 2005 the project's traffic will not reduce the.LOS on any roadway within the project's RDI. Exhibits 15 and i6 show the traffic conditions for 2006 during the project's PhaSe 2. Exhibit 15 shows the Annual Average Daily Traffic in 2006 and the project's traffic will not lower the LOS on any roadway segment. All roadway segments in ,late 2006 will be at an acceptable LOS except for Collier Boulevard, between Golden Gate Boulevard and Golden Gate Parkway, that will be at LOS F. Exhibit 15 shows the project's traffic will lower the LOS on Vanderbilt Beach Road, between Logan Boulevard and the loop road, from LOS B to LOS C during Annual Average Daily Traffic in 2006. Exhibit 16 shows the LOS on the same roadway segment also being reduced by &eproject's traffic from LOS B to LOS C during the Peak Season Daily Traffic in 2006'. Exhibits 17 and 18 show the projected traffic conditions for 2007 during the project's Phase 3. Exhibit 17 shows the Annual Average Dally Traffic for 2007 and except for Collier Boulevard, between Pine Ridge Road and Golden Gate Parkway that will be at LOS F, all roadway segments will be at an acceptable LOS. Exhibit 18 shows the projected 2007 traffic for Peak Season Daily Traffic. The project's traffic will not lower the LOS in 2007 during either Annual Average Daily Traffic or Peak Season Daily Traffic. Exhibit 18 shows that all roadway segments during Peak Season Daily Traffic will be 'at an acceptable LOS except for Collier Boulevard, between Pine Ridge Road and Golden Gate Parkway;, and lmmokalee Road, between Collier Boulevard. and 1-75. Both of these roadway segments will be at LOS F during Peak Season Daily Traffic. PROJECT'S IMPACT WITHIN RDI The project's Phase 1 traffic will have a significant impact (5% or more of a roadway's LOS C at Peak Hour) of 6.0% on Vanderbilt Beach Road, between the loop road and Logan Boulevard (see Exhibit 8). The project's Phase 2 traffic will have a si~ificant impact of 6.1% on Collier Boulevard, between Golden Gate Boulevard and Vanderbilt Beach Road (see Exhibit 9). The project's Phase 3 traffic will have a significant impact on Collier Boulevard, between Golden Gate Boulevard and Vanderbilt Beach Road of 9.7%; on Collier Boulevard, between Vanderbilt Beach Road and the loop road of 7.6%; on Vanderbilt Beach Road, between the loop road and Logan Boulevard of 7.2%; and on Logan Boulevard, between Vanderbilt Beach Road and Pine Ridge Road of 5.7% (see Exhibit 10). SIGNALIZED INTERSECTION ANALYSES~--i .... Signalized AnalgSes at the Intersection of Vanderbilt Beach ROad and Collier Boulevard Intersection counts were manually taken at the subject intersection on March:4, 2002, during the P.M, Peak Hour (see Exhibit 19)~ Since the counts were taken in Prime season they were considered Peak Season counts. The 5:00 PM to 6:00 PM time frami~ was determined to be the PM Peak Hour. To project future traffic these traffic counts were increased annually by 8%, To reflect the opening of the Livingston Road Corridor in 200~, Collier Boulevard's traffic was increased by the 108% annual growth factor bt ,~.A.. ~ estimated 10% of its traffic was expected to be lost to Livingston Roa~ ~o~er ~]~ FEB 1 0 200 4 pg.._.._._~ ~ Transportation Planning Manager Donald Scott. 10% of the eastbound left and 10% of the southbound right movements at this intersection would utilize the loop road in lieu of the. intersection upon its opening in 2004 or early 2005 and these would increase from 10% to 20% by 2006 or 2007. The intersection analyses were performed usir~g HCS 2000 software. In the Appendix, are graphics showing the project's trip distributi,~;n :hr the project's entering Waffle, exiting traffic, and phased traffic volumes for all acce,~ ?oints dta'Mg the P.M. Peak Hour. In 2003, during the PM Peak Hour for Peak Season the intersection is currently at LOS D, with an average intersection delay of 47.5 seconds per vehicles, as shown on Exhibit 20..in 2005, with the planned roadway improvements in place and exclusive of the project's traffe, the intersection was projected to be at LOS D during the PM Peak Hour but the average delay per vehicle was reduced to 35.8 seconds (see Exhibit 21). In 2007, with the planned roadway improveme::ts in place, the intersection was projected to be at LOS D during the PM Peak Hour, ~', tn with and without the project's Phase 3 traffic. The average delay was 37.4 seconds ;'er vehicle without the project's traffic and 37.6 seconds per vehicle with the project's trartic (see Exhibits 22 and 23). In 2007 during pM Peak Hour, the project's traffic will cause ..:~iy a 0.2 second delay per vehicle with this minimal impact primarily due to the loop road. UN-SIGNALIZED INTERSECTION ANAL '~'SES The project is proposed to have 4 accesses -,~to the County's arterial roadway system. Number 1 and 2 are located at each end of ~e Icop road that traverses around the proposed Mission Hills Shopping Center. Two more are ic~cated along Collier Boulevard, the first is a proposed shared access with the proposed (_ ~rheran School to the north and would be along where Wolf Road is currently located. D,e second is approximately in the middle of the site. The loop road is proposed to have full turning movements at both ends of the loop road and the Mission Hills Shopping Center's access traffic was also included along the loop road and shown as existing traffic. Wolf Road (the project's northern access on Collier Boulevard) is currently proposed to .~Iso have full taming movements. The project's middle access onto Collier Boulevard is only proposed as a right-in and fight-out access. All of the analyses were projected for 2007 Peak Season P.M. Peak Hour traffic. LOOP ROAD ACCESS ONTO VANDERBILT BEACH ROAD Exhibits 24 and 25 show this intersection to be at an acceptable LOS. Exhibit 24 is without the project's traffic and Exhibit 25 adds the project's traffic. The eastbound let is projected to be at LOS A, the southbound left at LOS C, and the southbound fight at LOS B. The project's waffle will not change the LOS of any of these movements. traffic, the eastbound left is projected to be at LOS D, the eastbound right at Lt LOOP ROAD ACCESS ONTO COLLIER BOULEVARD Exhibits 26 and 27 show this intersection to be at an acceptable LOS. Exhibit 26 is without the project's traffic and Exhibit 27 adds the project's traffic. Without the project's f 0 200 the northbound left at LOS A. The project's traffic will reduce the LOS on the eastbound left fi.om LOS D to LOS E and the northbound left fi.om LOS A to LOS B. Exhibit 28' shows this intersection in 2007 for the PM Peak Hour with the project's traffic included as a signalized intersection. The analysis showed the intersection would be at LOS B with ,an. average delay per vehicle of 12.3 seconds. WOLF ROAD ACCESS ONTO COLLIER BOULEVARD Exhibit 29 shows this access onto Collier Boulevard. Th6 northbound left is projected to be at LOS A, the eastbound left at LOS C, the eastbound right at LOS B. MIDDLE ACCESS ONTO COLLIER BOULEVARD Exhibit 30 shows this access ~onto Collier Boulevard. The eastbound right is projected to be at LOS B. COMPREHENSIVE PLAN COMMENTS 1.3/1.4 Exhibits 13 and 14 show Collier Boulevard in 2005, between Golden Ga~e Boulevard and Pine Ridge Road, to be at LOS F. The 2002 AUIR shows this roadway se~mnent scheduled for widening in FY 2007. The project's Phase 1 traffic will only impact this falling roadway segment by 1.6% of the roadway's LOS C at Peak Hour. In 2006, Exhibits 15 and 16 show Collier Boulevard, between Golden Gate Boulevard and Golden Gate Parkway, to be at LOS F. As previously mentioned Collier Boulevard, between Golden Gate Boulevard and Pine Ridge Road, is scheduled for 6-1aning in FY 2007 but there are no plans for widening Collier Boulevard, between Pine Ridge Road and Golden Gate Parkway, in the 5-year plan. The project's traffic will impact Collier Boulevard, between Golden Gate Boulevard and Pine Ridge Road, at 4.1% and between Pine Ridge Road and Golden Gate Parkway at a maximum of 2.9%. In 2007, Exhibits 17 and 18 show the only falling roadway wi&in the project's Phase 3 RDI to be Collier Boulevard, between Pine Ridge Road and Golden Gate Parkway. The project's traffic will impact this roadway at a maximum of 4.5%. 4.4 Not applicable. 5.1/5.2 Where the project has direct access onto Collier Boulevard and Vanderbilt Beach Road, those roadway segments will be widened prior to the project's traffic impacting those roadways by 3% or more; Collier Boulevard, between Pine Ridge Gate Boulevard, is. also Scheduled for widening to 6 lanes prior to thc prOject's Phase-3- traffic impacting such roadway by 5%. Collier Boulevard, between Pine Ridge Road and Golden Gate Parkway is expected to be at LOS F in 2006, du6ng both AADT-and PSDT( and improvements are not currently scheduled in the 5-year traffic plan. However, the project's traffic will not impact this roadway se~mnent by 5%. 7.2 The subject site is proposing to share a common access onto Collier Boule the abutting property to the north (the proposed Lutheran School) along the exis FEi~ 1 0 200~ 6 Road. Wolf Road may also be utilized for future residential development west of the proposed Lutheran School if the developer of such residential development extends the road westward. The proposed Wolf Creek PUD abuts to the west and that project and the Mission Hills PUD will both have direct access onto the loop road. 7.3 The project will meet the latest parking requirements within the ,LDC at the time of SDP review and approval. Prepared by: HOOVER PLANNING & DEV., INC. Reviewed by: DAVIDSON ENGINEER/NG, INC. William L. Hoover, AICP File#320TIS2.REP I 1 I I I I I I I Nagel-Craig Business Park Environmental Impact Statement Collier County Section 34, Township 48S South, Range 26 East Approximately 37.5 Acres RE-SUBMITTAL PUDZ-2002--AR-3411 PROJECT #2002060060 DATE: 6/12/03 KAY DESELEM I I I I I I 1 i I. Prepared by: Boylan -~"' E~vironme~.t.__ 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone: (941) 418-0671Fax: (941) 418-0672 November 5, 2002 Revised June 5, 2003 FEE~ 1 0 200~ ! I I I I I I I I I ! I I I I I I I I I Page 3 of 15 The North half of the South half of the Northeast quarter of Southeastt quarter of Section 34, Township 48 South, Range 26 East, Collier County , Florida, less the east 100 feet previously deeded for State Highway right- of-way (Parcel 2). , The South half of the South half of the Northeast quarter of Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County. Florida, less the east 100 feet (Parcel 3). 3. Location and address description. The site is located approximately 1 ~A miles south of Immokalee Road, at the southwest comer of the intersection of Collier Boulevard and Wolf R6ad, in Section 34, Township 48 South, Range 26 East, in Collier County, Florida. The site is bordered on the west by the proposed Wolf Creek PUD and the south by the proposed Mission Hills PUD. The site is bordered on the north by Wolf Road and the east by Collier Blvd. 3.8. 5. 3 Mapping and support graphics 1. General location map. See attached Location Map. 2. Native habitats and their boundaries shah be identified on an aerial photograph of the site extending at least two hundred feet outside the parcel boundary. This does not mean the applicant is required to go on to adjacent properties. Habitat identification wil! be consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200feet when available from the county, otherwise, a scale of at least one inch equal to 400feet is acceptable. Information obtained by ground-truthing surveys shah have precedence over information presented through photographic evidence. Native communities were mapped according to the Florida Land Use and Forms Classification SYstem (FLUCCS) and their boundaries are depicted on the attached 2000 aerial at a scale of 1'=100'. Also attached is an $ ½ X 11 sheet (1"=200') with FLUCCS mapping. 3. Topographic map showing upland bathymetric contours, and existing drainage patterns if applicable. Site elevations average approximately 13.5' NGVD. The existin drainage pattern for the surrounding area is south toward Vander Road. See attached printout of survey that includes topographic I I I I I I I I I I I I I I !1 I I Page 4 of 15 4. Existing land use of the site and surrounding area. The existing land use for the parcel is agricultural. The surrounding landscapes include: East - Collier Blvd. West -Proposed Wolf Creek PUD North - Wolf Road South - Proposed Mission Hills PUD 5. Soils map at a scale consistent with that used for the Florida Department of Transportation - Florida Land Use Cover and Forms Classification Systems determinations. Soils have been digitized from Soil Conservation Service (SCS) maps of ' Collier County. A map detailing soils at a scale of 1"=200' is attached on an 8~A X 11 sheet. 6. Proposed drainage plan indicating basic flow patterns, ou~all and off-site drainage. The flow on site is generally from the northeast to south and southwest. The proposed site will continue to move water to the south by discharge into the Mission Hills surface water management system. See attached 8 ½" x 11" Conceptual Drainage & Utility Plan, provided by Davidson Engineering. 7. Development plans including phasing program, service area of existing and proposed public facilities and existing proposed transportation network in the impact area. See attached 8 ½" x 11" PUD Master Plan (Exhibit A), provided by Davidson Engineering. 3.8. 5. 4 Impact Categories 3. 8. 5. 4.1 Biophysical Impacts 1. Air quality. A. Changes in level of air pollutants as defined by current regulations. No impacts are expected from the business park in its post- development state. Appropriate Dust Control methods will be utilized during construction to mitigate for any adverse conditions, which might All areas disturbed during construction will be sodded or grassed mulched at the earliest oppommity. \kBec~ckBEC~C-D Projects~Craig-Nagel 2$~ollier County EIS2 Jim,Collier Co. AC~NDA ITEM~ ~' FE~ 1 0 200tt I Page 5 of 15 I I I I I I I I I I I I I I Bo Number of people that will be affected hy tdr pollution resulting from the project. With no changes in air quality :,~nticipated, no people are expected to be affected. C. Procedures that will be used to reduce .::averse impacts of air pollutiort Appropriate dust control meti~ods ,,~ ill be utilized during construction to mitigate for any adverse conditions, which might arise. All areas disturbed during construction ~/il i~ sodded or grassed and mulched at the earliest opportunity. 2. Water quality Impacts. A. Changes in levels and types of water F~;; .:,-rion as defined by current regulations. The project will comply with the South Florida Management District (SFWMD)'s criteria regarding ,,~ ~ter quantity and quality and will incorporate Best Management ~' :-chniques during construction. No changes in water levels or water ;¢~llution are expected as a result of the project. B. Inventory of water uses that are restri:tc q ,~r precluded because of pollution levels resulting from this project. No water uses are restricted or :r,~cluded because of pollution resulting from this project. C. Persons affected by water pollution resuiting from this project. None. No water pollution is anticipated as a result of this project. D. Project design and actions which will reduce adverse impact of water pollution. The project will meet all SFWMD requirements and Collier County Land Development Code requirements for water quality. 3. Physiography and Geology I I I I A. Description of soil types found in the arett The approximate boundaries of the 2 soil types found on the parcel, as defined by the NRCS, is mapped at a scale of 1"=200' on the at ½" X 11" sheet. ~.~l FEB 1 0 200~ \~3~:~c~:iEC~oD Projects\Craig-Nag¢l 28~2olli~' County ElS2 Jim~Colli~ C' me '~-'~a ~ - I I ! I I I I I ! I I I I I I I Page 6 of 15 02 -- Holopaw Fine Sand, limestone substratum: This nearly level, poorly drained soil is typical in sloughs and broad poorly defined drainage areas. The permeability is moderately slow. Natural vegetation may include slash pine, cabbage palm, cypress, wax myrtle, and saw palmetto. 27 -- Holopaw Fine Sand: This nearly level, poorly drained soil is typical in sloughs or poorly de£med drainage areas. 'Natural vegetation may include slash pine, cypress, cabbage palm, saw palmetto, and blue maideneane. B. Areal extent of proposed topographic modification through excavation, dredging, or filling. Modifications will be accomplished by on site excavation of fill material fr6m the proposed storm water lake. In addition, clean fill material may be obtained from offsite. There are no SFWMD or Collier County wetlands on the property and therefore will be no wetland impacts. See estimated land use table below in 3E. C. Removal and/or disturbance of natural barriers to storm waves and flooding. The project is located far from the Gulf of Mexico and is not subject to storm waves. No adverse impacts are expected due to development of this parcel. D. Proposed modifications to natural drainage patterns. The site will be developed according to Collier County and SFWMD requirements for design of surface water management systems. Natural drainage patterns will be incorporated into the system where possible. See attached 8 Va" x 11" Conceptual Drainage & Utility Plan, provided by Davidson Engineering. Site drainage will be to the south through the Mission Hills PUD. E. Extent of impervious surface and percent of groundwater area to be covered Preliminary Estimated Land Use Breakdown: Water Manallement/Landscape 5 ac ! 5% 4.5 ac 13% Total Development Area 33.50 ac 100% Future ROW 4.0 ac Total Lands 37.5 FES 1 0 200~ I I I I I I I I ! I I I I I I I I I I Page 7 of 15 Annual drawdown of groundwater resulting from use. No net annual drawdown of groundwater is expected. A water use application will be submitted to SFWMD for approval prior to any pumping from the on site lake. G. Increased siltation in natural water bodies resulting from the proposed use. The site will be developed according to SFWMD and Collier County criteria. No natural water bodies are located 'in the vicinity of the project, so increased siltation in natural water bodies is not expected. Best Management Practices will be incorporated during construction. 4. Wetlands' A. Define the number of acres of Collier County Jurisdictional Wetlands pursuant to the Collier County Growth Management Plan by vegetation type species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their wetland function. There are no SFWMD or Collier coUnty jurisdictional wetlands on the property. See attached SFWMD wetland jurisdictional. B. Determine the present seasonal high water levels and high water levels by utilizing lichen lines or other biological indicators. There are no SFWMI) or Collier County jurisdictional wetlands on the property. Marking high water levels is not possible because it is anticipated that seasonal high water levels do not rise above natural ground. C. Indicate how the project design improves / affects pre - development hydro - periods. The surface water management system for the subject project will be designed to provide water quality treatment and water quantity storage as required by Collier County and the South Florida Water Management District (SFWMD) design Criteria. The project is located in the Harvey Drainage Basin as designated on the Collier County Drainage Atlas and will be limited to a discharge rate of 0.055 CFS per acre. The proposed storm water management system will be designed to direct all runoff within the development area to the on-site lakes for treatment and storage and then discharge into the Mission Hills water management syst{ m t9 the south of the proposed business park. FE.S 1 0 200~ \~lec~c'~BEC--~C-D Projccts~Craig-Nag¢l 28hColli~' County EIS2 Jim,Collier Co. I I t I I I I I I i I I I i I I Page 8 of I $ The perimeter of the property will have a berm built to the 25 year, '3 day storm elevation. Once the treated storm water leaves the site and goes through the Mission Hills PUD system, it will discharge into the swale located adjacent to the north fight-of-way line of Vanderbilt Beach Road.' D. Indicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on functions of wetland areas. There are no SFWMD or Collier County jurisdictional wetlands on the property. See attached SFWMD wetland jurisdictional. No wetlands will be impacted by this project. E. Indicate how the project design minimized impacts on wetlands. There are no SFWMD or Collier County jurisdictional wetlands on the property. See attached SFWMD wetland jurisdictional. No wetlands will be impacted by this project. F. Indicate how the project design shah compensate for the wetland impacts pursuant to the Collier County Growth Management Plar~ There are no SFWMD or Collier County jurisdictional wetlands on the property. See attached SFWMD wetland jurisdictional. No wetlands will be impacted by this project. 5. Upland utilization and species of special status. A. Define number of acres of uplands by vegetative type species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their upland function. Landscape Business, FLUCCS 141 (approximately 3.59 acres) This portion of the property contains an existing and currently operating landscape business (Tm-Green Landscape). It is made up ora couple of buildings and associated limerock parking areas. Palmetto Prairie, FLUCCS 321 (approximately 0.37 acres) This community is found in the southwest corner of the parcel. Dominant vegetation consists of saw palmetto with tar flower, grapevine and smilax. Palmetto in this area is extremely dense, nearly choking out all other groundcover. Pine Flatwoods, FLUCCS 411 (7.95 acres) This community is found in the southern portion the property ax swath in the northwest. It is dominated by slash pine, with scat melaleuca and cabbage palm in the canopy. Midstory contains \~L-'c~c~BEC~-D Projects~Crnig-Nnge128V~ollier County ElS2 Jim,Collier C :attered FEB 1 0 200~, I Page 9 of 15 I I I I I I patches of saw palmetto. Other vegetation present includes buckthom,' grapevine; poison ivy, beautyberry, Caesar's weed, and myrsine. Disturbed Lands, FLUCCS 740 (21.59 acres) This community makes up the majority of the parcel. All vegetation in these areas has been cleared. Groundcover has re-vegetated and includes Brazilian pepper seedlings, Caesar's weed, bahia, sumac, Spanish needles, and grapevine. Total upland acreage on the property is 33.55 acres plus 4 acres debited out of site acreage for Collier County Road ROW's. (37.5 acres) B. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on functions of upland areas. I I I I I I I I I C. 2.5 acres of native uplands are proposed for preserve and another 2.0 acres will be re-vegetated as mitigation for indigenous. This constitutes 15% of the existing native vegetation on the 33.5 acre site. Therefore, 85% of the uplands on the property are proposed for impact. Indicate how the project design minimizes imPacts on uplands. The project minimizes impacts to uplands by providing the Collier County required indigenous open space through preservation and mitigation. D. Provide a plant and animal species survey to include, at a minimum, species of special status that are known to inhabit biological communities similar to these existing on site and conducted in accordance with the guidelines of the FGFWFC. A plant and animal survey was conducted according to FGFWFC guidelines. Overlapping belt transects, approximately 10 to 50 feet apart were walked, depending on the density of the vegetation. In addition, periodic stop-look-listens techniques were utilized to observe potential listed species. The survey was conducted between July and October of 2002 by environmental scientists from BEC. Approximately 20 man- hours were spent in the field. See attached Protected Species Survey provided by BEC. Protected Species Survey Results: Plant: No protected plants observed. I I ! Wildlife: No listed species or signs of listed species observ, d \~3ec\c~BEC~C-D ProjectsXCraig-Nagel 28~Colliet County ElS2 Jim\Collier Co. -21S 7-~-gl.doe FEB 1 0 200q 1 I I I I I I I I I I I I I I Page 10of 15 E. Indicate how the project minimizes impacts on species of special status. No species of special status have been observed utilizing the property. 6. Marine and estuarine resources. No marine or esmarine resources exist on or are adjacent.to this parcel. 7. Noise A. Describe changes in decibels and duration of noise generated during and after the project (both day and night) that will exceed Collier County regulations. The proposed use will not generate noise beyond the existing background noise created by Collier Blvd. Noise is not expected to exceed county standards. B. Describe steps that will be taken to reduce noise levels during and after the project. All applicable standards for construction activities will be met. C. Project compliance with Federal Aid Highway Program Manual 7-7-3. No Federal Highway Aid is being requested for the project. 3. 8. 5. 4. 2 Public facilities and services Wastewater .Management A. Describe existing treatment facilities as to capacity, percent capacity being used, type of trealment and degree of treatment. The Collier County Utility System will be servicing the project. The North County Water Reclamation Facility (NCWRF) has a year to date average daily flow of 8.0 MOD, and has had a maximum monthly average of 9.2 MGD, that occurred during March 2002. The present rated capacity of the facility is 8.5 MGD, Annual Average Daily Flow (AADF). Using the Three Month Average Daily Flow (TMADF) the facility is at 93% of capacity. The facility is waiting on approval of the new permit that will increase the rated capacity to 13.5 MGD. The Facility uses the ". Sludge Process" for treatment of wastewater. The degree of treat "Secondary". \XBeck:'~BEC~C-D Projeets\Craig-Nagel 28~2olli~ County ElS2 Jim\Collier C¢ nent {gC~-noA ~ ~./~_- FEB 1 0 200 ElS Page I I of 15 I B. If applicabl, e, describe similar featurcx ~ 4'proposed new treatment facilities. I I I I I I I None anticipated. C. Describe the character and fate of liqti,,d and solid effluents. Liquid and solid effluents inclu,~e t': ?ical domestic wastewater. The fate will be the Collier County U tiiit~, 5~.stem 0NCWRF). Water Supply. A. Estimate average daily potable and no/~-c, otable water demand by the project. Potable: 417,000 slx 0.10 gatlor~s/sf x 1.1 = 45,870 gallons per day average. Non-potable: The non-potable ,, -~,rer requirements will be satisfied by using the surface water from the ,,n-site lakes and recharging them with the on-site wells. The approximate volume required will be 16,000 gallons per day. B. Source of raw water supply. I Potable: The Collier County {_ ~[ i ity System will be servicing the project. Non-potable: Onsite lake. I I C. Analysis of on site treatment systems/',,~' :~'~ve to State and County Standards. None anticipated. Solid Wastes. I ! I I I I I C, Estimate of average daily volumes of solid wastes. Approximately 7,560 lbs. per week or 1,350 lbs. per day. Assuming: 4 dumpsters, 7 cubic yards capaci¢', 10 lbs. Per cubic foot. Proposed method of disposal of solid wastes. Dumpsters on site will be provided and scheduled for regular pickup at least once per week by a licensed commercial hauler. A licensed hauler will likewise dispose ofrecyclables. Any plans for recycling of resource recovery. Recycling will be in accordance with Collier County's current w recycling program. FEB 1 O 200t~ ~._ /00 \~B~c~:~BEC~-D Proj~raig-Nagel 28hCollL'r County EIS2 Jim~Colli~ Co. ~1~ I-y.~J.oo~ AC, ENOA ~TEM/2_ ;re No.._~~ I I / I I I I I I Page 12 of 15 Recreation dnd open spaces. Acreage and facilities demand resulting from the new use. Based on the project being a business park development, no increase in recreation demand is expected from this project. B. Amount of public park or recreation land donated by developer. None. C. Management plans for any open water areas if one-half acre of more within the project. Open water areas such as ponds will be created and incorporated into the surface water management system. Management plans are being provided to the South Florida Water Management District as part of ongoing Surface Water Management permitting. Open water areas will meet Collier County requirements for littoral zones and removal of exotic~nuisance species, such as cattails. D. Plans for recreational development by the developer on dedicated lands. I I No lands will be donated by the developer. E. Amount of public recreation lands removed from inventory by the new use. No public recreation lands are being affected by this project. i I F. Development and/or blockage of access to public beaches or waters. No access to public beaches or water is blocked by this project. 5. Aesthetic and cultural factors. I ! I A. Documentation form Florida Master Site File, Florida Department of State and any printed historic or archaeological surveys conducted on the project arect A request was submitted to the Division of Historical Resources requesting that they review the project. An initial review of Section 34 listed no known resources. See attached response from the Divisio~u/' AC~OA tr~ Historical Resources. \\Bee~c~BEC'XC-D Pmjeets~Craig-Nagel 28'Collier County ElS2 Jim,Collier Co. ElS 7-5-03.doe I I I I I I I I I I I I I I I I I I I Page 13 of 15 Known historic or archaeological sites and relationships to proposed project. A request was submitted to the Division of Historical Resources requesting that they review the project. An initial review of Section 34 listed no known resources. See attached response from the Division of Historical Resources. C. Demonstrate how the project design preserves the historical / archaeological integrity of the site. A request was submitted to the Division of Historical Resources requesting that they review the project. An initial review of Section 34 listed no known resources. See attached response from the Division of Historical Resources. D. Indicate any natural scenic features that may be modified by the project and explain what actions will be utilized to preserve aesthetic values. No natural scenic features are present on the site. E. Provide the basic architectural and landscaping designs. All buildings, signage, landscaping, and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said similar architectural theme shall include: a similar architectural design and use of simiIar materials and colors throughout all oft he buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 6. Monitoring A. Describe the design and procedures of any proposed monitoring during and after site preparation and development. There are no wetlands on the property. No monitoring is proposed. I 1 I I I I I I I I Page 14 of 15 Sec. 3.8. 6 Specifics to address. 1. Indicate 'how the proposed project has bicorporated the natural, aesthetic, and cultural resources and other environmental considerations into the planning and design of the project. ~ Thc EIS, PUD document and thc PUD Master Plan have been revised to reflect the actual mount of reqUired native.vegetation, which is 15% of the on-site native vegetation that existed on the property at the time that the two previously approved SDPs on the site where approved, less any native vegetation that exists within any areas'dedicated for Collier Blvd. widening and any other r-o-w or public uses takings or dedications. The two SDPs approved on the site where: SDP 94-117; and, SDP 97-169. Based upon this evaluation, the required amount of native vegetation is 4.5 acfes. The total site is approximately 37.5 acres of which 3.59 acres contain the existing nursery and another 4.0 acres are excluded since these lands arc within future ROW Reservation/Dedication ROW. Using these figures for the native vegetation calculatiOns requires 4.5 acres. The location of the native vegetation will be as depicted on the Master Plan, and within the perimeter buffers, subject to thc provisions of Section 3.9.5.5.6 as it is finally approved* (currently in draft form and to be decided by BCC in June 2003). This section calls for specific buffer widths for native vegetation in perimeter buffers, with larger buffer widths required for projects which are larger, in size. We will reserve the right to adjust the native vegetation area boundaries as the PUD is conceptual in nature, with the understanding that the final boundaries shall be in compliance with thc LDC requirements. I I I I I I 2. List the environmental impacts of the proposed action and the reasons the impacts are unavoidable and that the impacts represent the minimum impacts possible to the environmental quality of tke site and surrounding area which might be affected by the proposed use. Approximately 29 acres of uplands will be developed. The impacts are the minimum necessary to make the project viable. The EIS, PUD document and the PUD Master Plan have been revised to reflect the actual amount of required native vegetation, which is 15% of the on-site native vegetation that existed on the property at the time that the two previously approved SDPs on the site where approved, less any native vegetation that exists within any areas dedicated for Collier Blvd. widening and any other r-o-w or public uses takings or dedications. The two SDPs approved on the site where: SDP 94-117; and, SDP 97-169. Based upon this evaluation, the required amount of native vegetation is 4.5 acres. The total site is approximately 37.5 acres of which 3.59 acres contain the existing and another 4.0 acres are excluded since these lands are within ROW Reservation/Dedication ROW. Using these figures for the vegetation calculations requires 4.5 acres. The location of the nati,, \kBee~e~BEC~-D Projects~2raig-Nagel 28RUoUier County EIS2 Jim,Collier Co. ElS 7-5-03.doe tiv~'El~ 1 0 200t~ I I I I I I I I I I I I I I I I I I I Page 15 of 15 vegetation will be as depicted on the Master Plan, and within the perimeter buffers, subject to the provisions of Section 3.9.5.5.6 as it is finally approved (currently in draft form and to be decided by BCC in June 2003). This section calls for specific buffer widths for native' vegetation in. perimeter buffers, with larger buffer widths required for projects which are larger in size. We will reserve the fight to adjust the native vegetation area boundaries as the PUD is conceptual ia' nature, with the understanding that the final boundaries shall be in compliance with the LDC requirements. 3. Provide substantial alternatives to the proposed project to that reasons for the choice of course of action are clear, not arbitrary or capricious. The proposed use for this property is consistent with the Collier County Growth Management Plan and is an appropriate use for this property. The property meets the requirements of a residential development. 4. List immediate short-term and long term impacts to the environment. Short Term: 1) Construction noise. Long Term: 1) Approximately 29 acres of pine flatwoods and already disturbed uplands would be developed. 5. List any irreversible or irretrievable commitments of natural resources which would be involved in the proposed action should it be implemented. 1) The consumption of fuels and building materials would be required for construction. Approximately 29 acres of pine flatwoods and already disturbed uplands would be developed. FEB i 0 200~ ~.. \\Bec~cLI3EC~-D Pmjects~Craig-Nage128W_.ollier County EIS2 Jim~C. ollier Co. ElS 7-5-03.doc ~ Z ( tg6 '1:1'0) 'pAIB Je!llOO 5u.qslxB AAOa 'P^I8 ~e!llOO leuo!~!ppv .~oj ~unoo .~e!llOO ~q §u!~ei eJnln~ o~ FEB ! 0 20CQ ~Z ,,,J (LG6 '~1'0) 'P^18 Je!llOO §u!lslx:a MO~I 'P^IG JelllOO leUOl:l!PPV JOj ~unoo Je!llOO/~q §Uplel eJnln.:l FEB 1 0 20 I I JEREMY STERK Environmental Scientist Boylan Environmental Consultants, Inc. I I I I I I 1 ! I i I I I I 1 AREA OF EXPERTISE Wetland and wildlife surveys, wetland monitoring, vegetati6n and habitat mapping, species management plans, mitigation design, GIS/GPS mapping, environmental permitting, environmental land use planning, and computer model development. EDUCATION S!. Cloud State University, B.S., Magna Cum Laude, Aquatic Biology, 1994. PROFESSIONAL AFFILIATIONS National Association of Environmental Professionals .Florida Association of Environmental Professionals CURRENT RESPONSIBILITIES Mr. Sterk conducts extensive field work in Southwest Florida and subsequently produces the following types of reports / surveys: protected species surveys, environmental assessments, wetlands surveys (feasibility \ environmental land use planning), wetlands monitoring, and 24 hour wildlife monitoring. He performs wetland delineations of i jurisdictional wetlands for State and Federal agencies. Other duties include wetland'& wildlife permitting, environmental assessments, and mitigation design. Using a variety of GIS applications, Mr. Sterk heads GIS analysis and mapping at BEC. RELEVANT EXPERIENCE Mr. Sterk has acquired substantial environmental experience conducting field work and producing reports and applications for wetland and wildlife surveys, wetland monitori,g, species management plans, mitigation design, environmental land use planning, and enVironmental permitting. He has over 8 years of full time experience in Lee, Collier, Charlotte, Glades, and Hendry Counties, Florida. In the process, he has worked with a wide range of clients and agencies. In 1996, during a leave of absence from Boylan Environmental Consultants, Jeremy headed a field research project using telemetry ' tracking to study the swimming speed of sub-adult lemon sharks. He has extensive computer experience and is proficient in many computer applications, including AutoCAD, ArcView, AreCad and GPS/GIS applications. Before joining Boylan Environmental Consultants, Jeremy commercially published a computer program for rapid identification of freshwater algae. In 1998, Jeremy wrote an ecological as computer model for the South Florida Water Management District that was part of the South Lee County Watershed Study. FEB ! 0 200z~ I I I RAE ANN BOYLAN, President Boylan Environmental Consultants, Inc. I I I I I I I I I I I I I I I I AREA OF EXPERTISE Environmental engineering and science, wetlands and estuarine ecology, vegetation and habitat mapping, environmental 'impact assessment, environmental restoration and mitigation, hydrology, land use planning, expert testimony, and permitting. EDUCATION Stetson University, B.S., Magna Cum Laude, Biological Sciences', 1979. University of Florida, M.S., Environmental Engineering Science, 1982. Research Assistant, University of Florida, 1980-1982. PROFESSIONAL AFFILIATIONS National Association of Environmental Professionals Florida Association of Environmental Professionals Florida Wildlife Federation CURRENT RESPONSIBILITIES As president of Boylan Environmental Consultants,' 'Inc., Ms. Boylan is responsible for all management facets of the fu'm and supervision of all technical staff. The projects Ms. Boylan manages require extensive knowledge in vegetation mapping, wetland management techniques, endangered species habitat requirements, and environmental permitting and mitigation design. RELEVANT EXPERIENCE Ms. Boylan has acquired significant experience in environmental engineering and science over a 20 year period in South Florida, with emphasis on environmental permitting and la_nd use planning. Prior to starting Boylan Environmental Consultants, she was Vice President, in charge of the Environmental Sciences Division, of Lee County Engineering, Inc. This division produced all environmental impact assessments, wetland restoration and mitigation programs, environmental permitting and audits as needed by the firm, along with subcontractual work to others. Ms. Boylan held highly responsible positions in environmental permitting, planning, and enforcement with the Florida Department of Environmental Regulation and the South Florida Water Management District, prior to joining LCEI. As Senior Environmental Analyst with SFWMD in Fort Myers, Ms. Boylan supervised the District's environmental reviews throughout Southwest Florida, including Developments of Regional Impact, Comprehensive Plans, Save Our Rivers, and numerous special projects. In this position, she coordinated the District's activities with those of local, state, and federal agencies. Previous experience with the Department of Environmental Regulation included consultation and testimony in litigious proceedings as a qualified expert witness in wetland determinations. FEB 1 0 200~ I I i I I I I I I I I I I I I I JIM KELTNER Environmental Scientist Boylan Environmental Consultants, Inc. AREA OF EXPERTISE Environmental land use planning, wetlands delineation, wildlife surveys, wetlands monitoring, vegetation and habitat mapping, species management plans, GIS/GPS mapping, environmental permitting, and computer applications to assist in deliverables. EDUCATION Iowa State University, BS, Fish & Wildlife Biology, 1994. Iowa State Univer. sity, BBA, Finance, 1988. PROFESSIONAL AFFILIATIONS ,/National Association of Environmental Professionals / Florida Association of Environmental Professionals [ CURRENT RESPONSIBILITIES Mr. Keltner conducts extensive field work in SouthweSt Florida and subsequently produces the following types of reports/surveys: protected species surveys, wetlands surveys (including feasibility/environmental land use planning), wetlands monitoring, and 24 hour wildlife monitoring. In addition, he is involved with wildlife and wetlands permitting along with permit compliance. RELEVANT EXPERIENCE Mr. Keltner has acquired substantial environmental experience conducting field work and producing reports and applications for wetland and wildlife surveys, wetland monitoring, species management plans, environmental land use planning, and environmental permitting. He has eight years of full time experience in Lee, Collier, Glades, and Hendry Counties, Florida, focusing on conceptual planning, permitting, and permit compliance. He has conducted land feasibility studies and protected species surveys and has assisted in wetland determinations with regulatory agencies. In the process, he has worked with a wide range of clients and agencies. Before joining Boylan Environmental Consultants, he has worked as undergraduate assistant focusing on vegetation requirements for roosting pheasants in Iowa, and in the field of landscaping. His prior work experience in the field of landscaping provides a background familiar with all aspects of contracting, planting, and maintaining various habitats. AGENDA ITEM,/') FEB 1 0 200q pg.__ /O ? SOUTH FLORIDA WATER MANAG,EMENT DISTRICT I FORT MYERS SERVICE CENTER 2301 McGregor Boulevard, I:ort Myers, FI. 33901 (941) 338-2929 - FL WATS 1-800-248-1201 · Suncom 748-2929. · Fax:(941.) 338-2936 · I September 17~ 2002 I I I I I I I I Mr. Jeremy Sterk Boylan Environmental Consultants, Inc. 11000 Metro Parkway, Suite 4 Ft. Myers, Florida 33912 Subject: Craig - Nagel Parcel; Informal Jurisdictional Wetland Inspection; Collier..County, S-34 / T-48-S / R-26-E Dear Mr. Sterk: The District offers the following in response to your request for a determination of the jurisdictional wetland boundaries and other surface waters located within the subject property. Craig Schmittler, PWS, Senior Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on January 17, 2002. The southern I O-acres of the subject property had been previously inspected as part of the Wolf Run informal jurisdictional determination on 5-18-2001. This parcel was also revisited to confirm the conditions hadn't changed since the original inspection. The project boundaries shown on the attached aerial identify the approximate limits of the property inspected. Based on the information provided and the results of the site inspection, there are no jurisdictional wetlands or other surface waters, as defined in Chapter 62-340 F.A.C., within the approximate limits of the subject property as shown on the attached aerial exhibits. I I I This correspondence is an informal pre-application jurisdictional determination pursuant to Section 373.421(6) and F.A.C. 62-312.040(7). It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre-application jurisdictional determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding jurisdictional determination may be obtained by submitting an application to the South Florida Water Management District Ft. Myers office for a formal determination pursuant to Chapter 40E-4.042 F.A.C. or by applying for a permit. I I !G~ VERNING lit ~A t,:t ~ Trvdi K. Willian~, P.E., (Tmir Michael Collins Patrick J. Gleason, Ph.D., P.G. 1:.\!;~ Illlt I' J Jt'13r',' De,in AGENOA FEB I 0 200' innart E. I,indahl, i'.E., Vh'e-Clmir Hugh M. English Nicolfis J. Guli~'rrez, Ir., F-'~q. nit'la Br~k~'l'homas ~mrdo B. Fe~ndez Hark~y R. ~mlon ~7'RI~ H~.4I 't)UA~TER~: 3~ Gun ~ub R~d, P.O. ~x 2~, W~I Palm ~h, ~ 3~1(~1 - /~,I~ ~,_~ · r~ ~s.. ~ , ,,,~ ..... ; ,- I I, i I I I I I I I I I I I I I ! Mr. Sterk .Craig - Nagel Parcel Page 2 A file has been set up with pre-application materials at the Ft. Myers Service .Center office. If you have any further questions please contact Craig Schmittler at (941) 338-2929 ext. 7739. Sincerely, / Karen M. John Supervising Professional Ft. Myers Service Center KMJ/cds - Attachment (Memo, Location Map, and Aerials) c: USACOE - Ft. Myers w/memo, location map, and aerial DEP- w/memo, location map FEB 1 0 200~ I I I I I I I I I I I I I i I I I I I TO: FROM: THROUGH: DATE: ~ile C aig D. $chmittler, PWS,'Seni0r Environmental Analyst, NRM Division Karen !ohnso~/~frvising Professional, NRM Division~ September 9, 2002 SUBJECT: Craig - Nagel Parcel; Informal Wetland Juri'sdictional Inspection; Collier County, S-34 / T48-S / R-26-E A site inspection was conducted on the above referenced property on January 17, 2002. The property inspected encompasses approximately 38 acres and is located in the southwest quadrant of the intersection of Wolf Road and CR 951. The northern 20 acres of the subject property has been previously cleared for agricultural use and 5 acres near the center of the site has been developed by a commercial nursery and associated facilities. The southern 10 acres of the site is relativ'ely undisturbed slash pine flatwoods except for a small utility building and the associated access near CR 951. There are no jurisdictional wetlands and other surface waters, as defined by Chapter 62-340 F.A.C., within the limits of the property inspected as shown on the attached aerial exhibit. The remaining upland habitat on site is dominated by a slash pine canopy with varying densities of Brazilian pepper and melaleuca in the mi&tory. Saw palmetto is very abundant in the understory with dense grapeVines and poison ivy also very prolific. Cabbage pal,ms, and scattered oaks are present throughout the undisturbed portions of the site. There were no listed species observed during this site inspection, however gopher tortoise habitat is present on the property. AGENDA 1'!~3 No.- FEB 1 0 200q pg. 0~9 PO1 AUG ~5 '0~ 15:5~ Mr. Robert I. Mulher¢, AICP RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 July 30, 2003 Re: Functional and Traffic Circulation Element Classi~calion of Collier Boulevard and Vanderbilt Be~ch Road. Dear Mr. Mulbere: This correspondence is in response to your r~quest for clarification and confrrmation of the above referenced County roadways, the forthcoming widening of these roadways, and revisions to the County's Functional Classifications as a result oftbe changed roadway function and the widening of these roadways. First, the County's adopted access management plan' as amended.by Resolution 01-247, both Collier Boulevard (from Golden Gat= Parkway to lmmokalee Road) and Vanderbiit Beach Road (from 1-75 to Collier Boulevard) are both functionally classified (currently) as Class 4 arterial roadways (and will be classified as Class 3 arterials after the 6-lane widening of caoh is completed). In any case, as I understand it, file Collier County Comprehensive Plan requires that a Business Park District have "direct access to a road classified as an axt~rial in the'Traffic Circulation Sub-Element." As we had previously indicated to you, il is the intent of the Transportation Planning Department ~o amend the Plan to r~vise the nomenclature utilize~l (in both the County's Access Management Plath as amended by Resolution 01-247, and in the Comprehensive Plan) to refer to roadway clasps rath=r than the moxz ten=tic terms of"arterial and collector" and the like. As you are aware, the Plan amendments lxave not occurred to date. Nevertbel~s, Transportation Plaxmin$ does still intend to amead the Traffic Circulation Sub-Elem~nt and the Collier County Functional Classification Map (TR-3) to reflect the actual functional classification of these and other roadways. FDOT, with the ssslstance of the County is re-doing the functional classifications of all of the roadways to be consistent with curr~nt conditions. Both Vandga'bi]t and CR will b~ classified as ~.rtgrials, at that time, consistent with their function. It is expected that these amendments will occur in the next (2004) GMP amendment cycle, as part of the County's Evaluation axed Appraisal Rl~pon (EAR) process. 1 lrus~ that this is responsive to your concerns. Pleas~ let me know if you hav~ any other questions regarding this matter. (.. Sincerely, ,. Ddpald Scott, AICP t -~'~'"'"'-~ D~'tor, Transportation Pl~ing ~: David W~, AICP, ColH~ Coun~ ~ng R~ge Piing Bob Mulhere, AICP, RWA Inc. ~y Deselem ~. C~I Nage! ~e V~mge Gro~, LLC 711 Fi~ Avenue Sou~, Suite 209 Naples, FL 34102 2ND RE-SUBMITTAL PUDZ-2002-AR-3411 PROJECT # 200206[0060 Aatrno,~ ffoa ~ ' DATE: 8/13/2003 I ~" / . ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER,ED 8634S TO CHANGE THE ZON-ING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A' AGRICULTURAL TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT .TO BE KNOWN AS NAGEL-CRAiG BUSINESS PARK PUD LOCATED ON THE WEST SIDE OF COLLIER BOU~LEVARD (C.R. 951), APPROXLMATELY 1/4 MILE NORTH OF VANDERBILT BEACH ROAD (C.R. 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5+ ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere, of RWA, Inc., representing the applicants, Carl M. Nagel, managing partner of CDN Properties LLC and Thomas Craig, Craig Construction and Restoration, Inc., in petition number PUDZ-2002-AR-3411, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject 37.5± acres as described in the PUD document located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural to "CPUD," Commercial Planned Unit Development in accordance with, and legally describing the Nagel-Craig Business Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634S, as described in Ordinance Number 91-102 as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall not become effective until it is filed with the Secretary of State, and until the Collier County Functional Class Map in the Transportation Element of the Collier County Growth Management Plan (Map TR-3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective, except that if the change required above to identify Collier Boulevard as an arterial roadway has not been adopted and become effective within one year fi'om the date that the Board of County Commissioners adopts this Ordinance, then this Ordinance will not become effective and any implied PUD approval is deemed null and void. Thereafter, the project would be required to be resubmitted and reviewed in compliance with the Page 1 of 2 FEB ! 0 200 entire public hearing process that would be required for a new PUD rezoning under LDC requirements in effect at that time. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachment: Exhibit "A"--PUD document Page 2 of 2 FEEl 1 0 200~. ~._ //~ NAGEL-CRAIG BUSINESS PARK PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: CARL M. NAGEL CDN PROPERTIES, LLC 711 FIFTH AVENUE SOUTH, SUITE 209 NAPLES, FLORIDA 34102 and THOMAS R. CRAIG CRAIG CONSTRUCTION & REHABILITATION, INC. 2770 S. HORSESHOE DRIVE, SUITE 4 NAPLES, FLORIDA 34104 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and ROBERT J. MULHERE, AICP RWA, INC. 3050 N. HORSESHOE DRIVE, SUITE 270 NAPLES, FLORIDA 34104 REVISED (3) 01/20/04 DATEFILED November 14~2002 DATE REVISED December 5~ 2003 DATE REVIEWED BY CCPC ~lanuary 15, 2004 DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" FEB 1 0 200~, TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION 1I SECTION m SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION DEVELOPMENT STANDARD REGULATIONS BUSINESS PARK AREAS PLAN DEVELOPMENT COMMITMENTS PAGE ii iii 1 3 5 8 15 REVISED (3) 01/20/04 FEB 1 0 2006 EXHIBIT "A" EXHIBIT "Al" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" LIST OF EXHIBITS PUD MASTER PLAN WITH CONCEPTUAL WATER MANAGEMENT PLAN TYPICAL LANDSCAPE BUFFER PLAN BOUNDARY SURVEY VICINITY MAP PUBLIC FACILITIES MAP REVISED (3) 01/20/04 II1 AGENDA ITEM FEB 1 0 200z~ STATEMENT OF COMPLIANCE The development of approximately 37.5+ acres of property in Collier County as a Planned Unit Development to be known as the Nagel-Craig Business Park PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan, as amended. The business park facilities of the Nagel-Craig Business Park PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban-Mixed Use District land use designation as identified on the Future Land Use Map and as described in the Business Park Sub-District of the Urban - Mixed Use District in the Future Land Use Element, as amended. The Future Land Use Element permits business park uses in this area. In addition to the locational criterion, the Business Park Sub-district also contains the following criteria: Business parks shall be a minimum of 35 contiguous acres. The term contiguous shall include properties separated by either an intervening planned or developed public street right-of-way; provided, however, no portion of such separated properties shall be less than five acres. In aggregate, the maximum allowable acreage of all Business parks, exclusive of open space and conservation areas is 500 acres. This PUD contains +/- 37.5 contiguous acres. The approval of this PUD will not result in an aggregate number of acres of business park zoning exceed 500 acres (exclusive of open space and conservation areas). Business parks shall be permitted to develop with a maximum of 30 percent of the total acreage for non-industrial uses. Non-industrial uses include: retail uses which serve the employees of business within the park or are related to the products, goods and services manufactured, distributed, produced or provided by businesses in the park; certain offices; financial institutions; retail services; institutional and cultural facilities; medical facilities; hotels/motels at a density of 26 units pre acre; and recreational facilities. This PUD specifically identifies such uses and provides for limitations on the amount of these non-industrial uses consistent with the Collier County LDC Business Park zoning district, Section 2.2.16 V2. Business parks within the Urban Mixed-Use district of the Future Land Use Element shall have direct access to a road classified as an arterial street on the Five Year Future Traffic Circulation Map contained in the Transportation Element, and shall have an internal circulation system that prohibits traffic from having direct access to the arterial roadway and from traveling through predominantly residential areas. Access shall be in accordance with the Collier County Management Policy or plan and consistent with Objective 7 and Policy 7.1 of the Transportation Element. Collier Boulevard is not classified a on the County's Five Year Future Traffic Circulation Map contai aed Transportation Element. Collier Boulevard is, however, classified a~ a Class--~[ FEB 1 0 200q REVISED (3) 01/20/04 arterial roadway, under the County's adopted access management plan, as amended by Resolution 01-247. After the planned 6-lane widening, Collier Boulevard will be classified as a Class 3 arterial. Collier County Transportation Planning has indicated that the classification of this roadway on the County's Five Year Future Traffic Circulation Map contained in the Transportation Element, will be amended in the near future. No development applications will be accepted or approved until an amendment to the Collier County Functional Class Map in the Transportation Element of the Collier County Growth Management Plan (Map TR-3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective. Business parks shall have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses. The subject site shall be served by Collier County utilities for potable water and wastewater. This PUD contains specific development standards and will adhere to applicable provisions of the Collier County LDC to ensure that the project will not generate light, noise or odors so as to be incompatible with surrounding land uses. Business parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. The subject property's location in relation to existing or proposed community facilities and services permits the development's business park intensity as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to comply with applicable sections of the Collier County Land Development Code as set forth in Objective 3, Policy 3.1 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Ail final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, as amended, of the Collier County Land Development Code, as amended. REVISED (3) 01/20/04 AGENOA ITE~II FEB 1 0 200 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Nagel-Craig Business Park PUD. LEGAL DESCRIPTION The subject property being 37.5+ acres, is comprised of 3 adjoining parcels that are located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right-of-way (Parcel 1). The North half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right-of-way (Parcel 2). The South half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet (Parcel 3). 1.3 PROPERTY OWNERSHIP Parcels 1 and 2 are owned by: CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103. Parcel 3 is owned by: Richard D. and Frances A. Craig, P.O. Box 899, Edwards, Colorado 81632. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA mo The subject property is located on the west side of Collier Boulevard, approximately ~A mile north of Vanderbilt Beach Road, (unincorporated) Collier County, Florida. B. The zoning classification of the subject property prior to the date of tt~ PUD was "A," Rural Agricultural. REVISED (3)01/20/04 3 I FEB 1 0 200q [ __",- 1.5 C. The co-applicants have demonstrated unified control of the subject property with the submission of an affidavit of unified ownership. PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt Beach Road. Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge into the Mission Hills PUD stormwater management system. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of pine flatwoods and woodlands with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION REVISED (3) 01/20/04 The Nagel-Craig Business Park PUD is a project comprised of 37.5+ acres designated for business park uses. Business park uses and signage are designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations have been authorized, this compatibility and harmony will be achieved by using common building architectural elements and common entryway signage and landscape design themes. In addition, required native vegetation preserves have been located so as to maximize buffers from adjacent residential uses. Finally, the project has been designed to provide for adequate land to accommodate the planned 6-1aning of Collier Boulevard the project), and for safe and efficient ingress to and egress from the project. FEI3 1 0 20Oq 4 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Nagel-Craig Business Park Planned Unit Development Ordinance". REVISED (3) 01/20/04 FEB I 0 p~. 2.1 2.2 SECTION II DEVELOPMENT STANDARD REGULATIONS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of the Nagel-Craig Business Park PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code, as amended, and Growth Management Plan, as amended, in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code, as amended, shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Nagel-Craig Business Park PUD shall become part of these regulations, which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or set forth in a schedule of deviations, or other separate provision in this PUD Document, shall remain in full force and effect. Eo REVISED (3) 01/20/04 Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. FEB 1 0 200 , /_2 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES. Land Use Water Management Lakes (L) Future ROW Reservation/Dedication (ROW) Existing Native Vegetation Preserve Areas (PN) Native Vegetation Mitigation Areas (PM) Total Native Vegetation (PN + PM) Business Park Development Tract(s) (B) Total Project Size Total Pro ect Size Less ROW Dedication l Acrea~ +/- 2.5 acres +/- 4.0 acres +/- 2.5 acres +/- 2.0 acres~ +/- 4.5 acres +/- 27.5 acres 37.5 acres +/- 33.5 acres Approximately 1.0 acre of the required 2.0 acres of Native Vegetation Replanting/Mitigation area (PM) are depicted on the Master Plan. The balance will be provided within the Business Park Tract(s) (B). All such replanted native vegetation mitigation areas shall be in compliance with LDC section 3.9.5.5. 2.4 DENSITY OR INTENSITY OF LAND USES Business park uses are limited to 27.5+ acres. The PUD further limits intensity to a maximum of 417,000 square feet of permitted Business Park uses as set forth in Section 3.3 of this PUD. Table B below provides a further description and breakdown of development intensity limitations: Use Type Square Footage Percent of +/- Limitation 27.5 acre "B" Business Park Areas3 Percent of Overall Project (37.5 Acres Less 4.0 Acres for Collier Blvd. ROW Reservation) 4 Total Primary Uses (B) and Secondary Uses~ 417,000 34.8% 28.6% 125,100 maximum, z 10.4% 08.6cA Secondary Uses are identified in Section 3.3 (B) of this PUD document. 2 The 125,100 square feet 30% figure is based upon the total square feet figure of 417,000. The actual allowable square footage for Secondary Uses is limited to a maximum of 30% of the total square footage of Primary Uses. Thus, if less than 417,000 square feet is built, then less than 125,100 square feet of Secondary uses are allowed. 3 Percent of total square footage of 27.5 acre Business Park Area. 4 Percent of total square footage of 37.5acre PUD (less 4.0 acres of ROW Reservation. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Any division of the property and the development of the land sha compliance with the PUD Master Plan, Division 3.2 Subdivisions of Development Code, and the platting laws of the State of Florida. The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. REVISED (3) 01/20/04 FEi3 I 0 200ii 2.6 2.7 2.8 Bo The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Co Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of conunon facilities. SALES/RENTAL FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33 of the LDC, as amended. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided for in the Collier County LDC, Section 2.7.3.5, as amended. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Should tracts or parcels be created with ownership and maintenance responsibility common to all owners of property within this PUD, appropriate legal instruments shall be provided for the establishment of a Property Owners Association. The functions of the Property Owners Association shall include provisions for the perpetual care and maintenance of all common areas and facilities, including opens space and native preservation areas, subject to the provisions of the LDC Section 2.2.20.3.8. 2.9 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Oft-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. REVISED (3) 01/20/04 All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. FEB 1 0 SECTION III 3.1 3.2 3.3 BUSINESS PARK AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Business Park Areas as shown on Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION Areas designated as "B" Business Park on the PUD Master Plan are intended to provide a variety of business park, financial, health, cultural facilities, restaurants, child care centers, retail, transient lodging, and office uses. Business Park Areas are limited to a maximum of 27.5+ acres. The project is intended to be platted in several phases, and developed though a series of subsequent Site Development Plans for specific platted parcels. The entire Business Park is limited to a maximum of 417,000 square feet of gross floor area, thirty percent of which may be developed with Secondary Uses, as identified in Section 3.3 (B) of this PUD document. PERMITFED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following. No subsequent development orders will be approved until an amendment to the Transportation Element has been adopted and become effective that changes the classification of Collier Boulevard (C.R. 951) to an arterial road. All uses shall be compatible with neighboring residential uses and shall not emit odors or noises detectible beyond the lot on which the use is located. There shall not be any outdoor storage. A. Permitted Primary_ Uses and Structures: One hundred (100) percent of the total Business Park development tracts acreage and building square feet is allowed to be developed with the following uses, but a minimum of 70% (19.25 acres/291,900 square feet)~ of the project must be dedicated to primary uses. ~ The 70% minimum applies to the total built floor area - if less than 417,000 square feet in total is built, of that will be less than 291,900 square feet. REVISED (3) 01/20/04 9 hen~l~ 1 0 200~ Pg. ~-~:¢~' .~-? ~ ........ ~ PRIMARY USES - DEVELOPMENT TRACTS ~E# ¢~';' ~ SIC CODE NUMBER TRACTS: TRACTS:'; 1. Building construction - general contractors (groups 1521 through p p 1542). 2. Business services (group 7311). p p Communications (groups 4812 through 4899, including p_ except p 3. co~unication towers, li~ted in height to l~ feet and subject to towers. LDC Section 2.6.35.6.2.1, as amended). Construction - special trade contractors (groups 1711 - 1731, 1742 except for d~wall const~ction and lathing contractors, 1743 but no on-site cutting of m~ble, 1751 - 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, cauIMng contractors, cleaning buildings 4. contractors, counter top installation con,actors, fence construction P P contractors, fireproofing buildings contractors, ornamental metalwork contractors, landscaping installers and landscaping maintenance contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). 5. Depository and non-deposito~ institutions (groups 6011, 6019, 6081, p p 6082). 6. Drugs and medicines (groups 2833 - 2836). P P 7. Eating places (group 5812 except fast food restaurants, walk-up p p windows, and dfive-t~ou~h restaurants are prohibited). 8. Educational services (groups 8221 - 8244, 8249 except for truck p p drivin~ schools, 8299). 9. Electronics manufacturin~ (~roups 3671 - 3699). P P 10. Engineering, accounting, rese~ch, management and related services p p (~roups, 8711 - 8748, 0781 and 0782). I 1. Furniture and fixtures manufacturin~ (~roups 2511 - 2599). NP P 12. Government offices~uildings (groups 9111 - 9222, 9224 - 9229, p p 9311,9411 - 9451, 9511- 9532, 9611 - 9661). 13. Health services (~roups 8011 - 8~9). P P 14. Computer equipment (~oups 3571 - 3579). P P 15. Leather and leather products (~roups 3131 - 3199). NP P * P = Permitted/NP= Not Permitted REVISED (3) 01/20/04 10 FEB ! 0 2OO' "g.-. / g Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812 - 3873). Medical laboratories, research and rehabilitative centers (groups 807 l, 8072, 8092 - 8093). Miscellaneous manufacturing industries (groups 3911 - 3993, 3999). 7812 - 7819). and allied industries >s 2711 - 2796). Professional offices: insurance agencies (group 6411); insurance carriers (groups 6311 - 6399); real estate (groups 6531 - 6553); holding and other investment offices (groups 6712 - 6799); attorneys 8111). 6211). United States Postal Service 4311). Warehousing (group 4225 but only indoor self-storage) within Tract ect to the followin criteria: The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings, which are visible ; Access to individual units, whether direct or indirect, must be from the side of a building that is oriented internally; No building shall exceed I00 feet in length when located within 100 feet of the western or northern lines; No outdoor stora Storage units shall be utilized for storage purposes only; and This use is limited to a maximum of five acres. Wholesale trade durable goods (groups 5021, 5031, 5043 - 5049, 5063 -5078, 5091, 5092, 5094 - 5099). Wholesale trade non-durable goods (groups 5111 - 5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district. 5192 - 5199). DEVELOPMENT TRACTS* TRACTS: TRACTS: B'3 & B-4. B-1 & B-2 P P P P P, SIC numbers 3961, 3956, p 3991,3993 onl, P P NP P P P P P NP P P P P P * P = Permitted/NP = Not Permitted REVISED (3) 01/20/04 11 AGEndA ITEM,/.) FEB 1 0 200 B. Permitted Secondary Uses and Structures: Development is limited to a maximum of thirty (30) percent of the total Business 2 Park development tracts acreage and building square feet for the following uses. .i, i,i~ )~ SECONDARY PERMITTED USES AND STRUCTURES DEVELOPMENT TRACTS* t USE# SIC CODENUMBER ; :::: : '~ TRACTS: TRACTS: ~!?{~:.'~-~ ,:, ,., : :,:: ::: , B-3 & B24 B-1 & B-2 1. Business Services (groups 7312, 7313, 7319, 7334 - 7336, 7342 - p p 7352, 7361 - 7384, 7389). 2. Child day care services (~roup 835 !) P P 3. Depository and non-depository institutions (groups 6021 6062, p p 6091, 6099, 6111 - 6163). Drug stores (group 5912 but only drug stores and pharmacies in conjunction with health services groups and/or medical p p 4. laboratories/research/rehabilitative groups). 5. Membership organizations (~roups 8611 - 8631). P P 6. Personal services (~'oups 7215 - 7241). P P 7. Physical fitness facilities ([roup 7991). P P 8. Travel a~encies (~roup 4724). P P * P = Permitted/NP = Not Permitted Co Accessory Uses to Permitted Primary and Secondary Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. Caretaker's residence, subject to section 2.6.16 of the Land Development Code. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. Outdoor storage and display of merchandise shall not be permitted. 2 Assuming maximum development of the allowable acres/square feet of Permitted Primary Uses (19.2: acres/291,900 square feet), the maximum acres/square feet of Permitted Secondary Uses is (8.25 acres/ square feet.) If less than 417,000 square feet in total is built, then 30% of that will be less than 125,100 REVISED (3) 01/20/04 12 251~:R - ;qua, re,.lt,,et.] 0 20uq/~ Pg. /.3 d 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twenty thousand (20,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: (1) Principal and accessory structures: (a) From Collier Boulevard - 75 feet, inclusive of the required 25 foot landscape buffer adjacent to Collier Boulevard. (b) Front Yards - Fifty (50) feet. (b) Rear Yards - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Preserves (Principal) - Twenty-five (25) feet (e) Preserves (Accessory) - Ten (10) feet Distance Between Principal Structures on the Same Parcel: A minimum of 15 feet or one-half the sum of the building heights measured by the closest exterior building walls, whichever is greater. Minimum Floor Area: One thousand (1000) square feet. Maximum Height: (1) Tracts B1 & B2: Three stories, not to exceed forty-two (42) feet, except within I00 feet of a residential zoning district, where the height is limited to thirty-five (35) feet not to exceed one story; or Tracts B3 & B4: Two stories not to exceed 30 feet. Do (2) Maximum Building Coverage: Maximum building coverage area. Eo Go shall not exceed forty-five (45) percent of the lot Minimum Open Space: A minimum of thirty (30) percent of each lot shall be devoted to opep Open space shall be that unoccupied space which is not used for bu parking, driveways, or structures and is open to the sky. On improved 1o space is the area between and around structures including recreation areas. REVISED (3) 01/20/04 13 s, open, - - . FEEt 1 0 200t Landscaping: (1) Except where provided elsewhere in this document, all landscaping shall be in accordance with the LDC, as amended and in effect at the time of SDP or Plat/Construction Plan Approval, as applicable. (2) Along the western perimeter of this PUD, the retained native vegetation areas and areas identified for mitigation in the form of replanting of native vegetation as required by LDC Section 3.9.5.5.6, are a minimum of 50 feet in width and on average more than 100 feet in width. These native vegetation areas provide substantial screening from the adjacent proposed residential lands. Therefore, the requirement for a six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof, per LDC Section 2.2.161/2.2.4.7 shall not be required within the PUD's western perimeter buffer. (3) Along Collier Boulevard, the required 25-foot landscape buffer shall be planted in accordance with the applicable provisions of Division 2.4 of the LDC and Section 2.2.16 V2.2.4(7), except that all required canopy trees shall be a minimum of 12 feet in height at time of planting. Off-Street Parking and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of Site Development Plan approval or building permit application, whichever is first applicable. Ko Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, where such lighting is located within two hundred (200) feet of any residential property. Lo Signs Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs shall not be allowed. REVISED (3) 01/20/04 Storage: No outdoor storage or display of merchandise or equipment of any kind shall be permitted. The parking or storage of commercial vehicles may be permitted on improved property, however, such overnight commercial vehicle parking or vehicle storage shall occur in rear yards and shall be screened from view by a 6- foot high opaque fence, wall, berm, or landscaping, or any combination thereof, if visible from Collier Boulevard, Wolfe Road, or the Loop Road. Overnight vehicle storage is limited to 2-axle vehicles within Tracts B-3 and B-4 vehicles in Tracts B-1 and B-2. Other than vehicle storage, subj ct t~o.the FEB 1 0 200q 14 ,. limitations described herein, outdoor storage is prohibited within the Business Park. Chain link fences are prohibited. Sidewalks: As required in division 3.2 or other applicable sections of the LDC. Oo Architectural and Site Design Standards: All buildings and projects shall be subject to the provisions of division 2.8. P. Deviations: (1) Deviation from LDC Section 2.2.16 I/2.2.4 (7) to allow for a five-foot reduction in the required northern, and southern perimeter buffers from 25 feet to 20 feet for the northern and southern perimeter landscape buffers. The 20-foot-wide buffers shall be designed in accordance with the provisions of LDC Section 2.2.16 I/2.2.4.7, provided: (a) A minimum of 80% of the required trees per Section 2.2.16 V2.2.4.7 shall be located within the 20 foot perimeter buffers, placed no more than 30 feet on center; and, (b) One or more additional landscape/greenspace areas totaling 11,000 square feet and not less than 3,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landscape/greenspace area shall include at a minimum the balance of the trees not required per paragraph (a) above, but normally required within the 25-foot Business park perimeter buffer by Section 2.2.16 V2.2.4.7. (2) Deviation from LDC Section 2.2.16 V2.2.4 (7) to waive the requirement for a six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof within the PUD's western perimeter buffer, subject to the following conditions: (a) All proposed Preservations and or Mitigation Planting Areas will be subject to Collier County Staff Approval at time of SDP(s). (b) No 24-hour businesses or restaurants are allowed within 100 feet of any Preserve or Mitigation Area. REVISED (3) 01/20/04 (c) (d) No building over 35 feet in height within 100 feet of any Mitigation Area. No Access Roads/R.O.W/Vehicular Use Areas/Dumpsters allowed adjacent (with 20 feet) of any Preserve or Mitigation Area. AGENDA ITEM 15 FEB 1 0 200zt (4) (5) Deviation from LDC Section 2.2.16 I/2.2.5.5 which limits building heights in the Business Park district to 35 feet to allow building heights of 3 stories not to exceed 42 feet for Permitted uses in Tracts B-I and B-2 and located a minimum of 100 feet from any residential zoned property. Deviation from LDC Section 2.2.16 1/2.2.1 which identifies Permitted Primary Uses and Structures, to allow for the following additional uses which are not specifically identified in 2.2.16 I/2.2.1, but which are comparable in nature to many of the uses that are expressly permitted, are desirable uses within the business park, or in the case of SIC Code 0782, the use is currently existing on the property and it is desirable to retain the existing use. A. Permitted Primary: 1. Building construction - general contractors (groups 1521 - 1542). 2. Landscape Counseling and Planning (0781) REVISED (3) 01/20/04 16 FEB I 0 200 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. No subsequent development orders will be approved until an amendment to the Transportation Element has been adopted and become effective that changes the classification of Collier Boulevard (C.R. 951) to an arterial road. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. Which commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the development its, successors, and assigns, regardless of turnover or not to any property or homeowners' association. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 4.3 PUD MASTER PLAN mo Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Final configuration of Preserve Areas shall be based on jurisdictional agency determinations, and modification of said preserve boundaries shall be permitted during final plat/site development plan review. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted insure the continued operation and maintenance of all service utilities common areas in the project. REVISED (3) 01/20/04 17 tO and a~,~noA ~x~, FEB 1 0 200/ 4.4 4.5 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in several phases, although no specific phasing schedule has been determined. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code, as amended. Bo Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code, as amended. Co In addition to the requirements of Section 2.7.3.6, the annual PUD monitoring report must identify the approved and the built square footage for primary, secondary and accessory uses. The three categories must be enumerated in the report separately. With each SDP submittal, the cumulative SDP-approved and built square footage for primary, secondary and accessory uses must be provided. The three categories must be enumerated separately. ENGINEERING mo This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Bo Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 4.6 WATER MANAGEMENT mo A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. Bo REVISED (3) 01/20/04 A copy of the SFWMD surface water permit shall be submitted prior to Final Site Development Plan approval. This project shall be designed in accordance with the Harvey Basin criteria as regulated in Ordinance 2001-27 (also known as 90-10) as amended. If applicable, at the time of final site development plan review, legal poof that adjacent property owner will allow storm water discharge from the proposed project into his/her property shall be provided. AC.~NOA ~TF_M /2, FEB 10 200zt An Excavation Permit will be required for' any proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. Do Lake setbacks from the perimeter of the PUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES Water, Reclaimed Water and Wastewater Stipulations: A. Water and wastewater systems shall be constructed in accordance with State of Florida Laws and Collier County's Codes and Ordinances. Bo All construction plans, technical specifications and hydraulic design reports are to be reviewed and approved in writing by the Engineering Services Department of the Community Development and Environmental Services Division prior to commencement of construction. Upon completion of construction, all water and wastewater systems within the project shall be tested and must meet minimum County standards and requirements. The system(s), or a portion thereof, that is found to meet the requirements set forth in Item #5 below, may then be conveyed to the County for ownership and maintenance. Do If County's utility system does not have access readily available to serve a project within the County's service area, extensions to the County infrastructure may be required. All required extensions must be the sole responsibility of the Developer, fiscally and otherwise (time and schedule), unless such extension has been previously defined in the County Water and/or Wastewater Master Plan. In such case, the developer may negotiate an upsizing agreement with the County. If it is determined by the County that neither of these two options are feasible, an interim system may be considered. Bo Items on the following list shall be conveyed to the County for ownership and maintenance upon approval from the Board of County Commissioners if they are located within a County right-of-way or County Utility Easement (CUE), are in compliance with the latest revision of the Collier County Utilities Standards and Procedures Ordinance, and are connected to the County Water, Wastewater or Reclaimed Systems: 1. Potable water lines 6" or larger, including water meters and backflow devices that are not on fire lines Gravity wastewater lines 8" or larger Wastewater lift stations that are located within a CUE Force mains 4" or larger 19 REVISED (3) 01/20/04 FED 1 0 200/ ~__ PS'-~------.~._~ o CUEs that are determined to be necessary to access and maintain utility systems and structures Non-potable irrigation water lines 6" or larger, including the water meter and backflow devices. For potable and reclaimed water distribution systems that will not be conveyed to the County, a master meter shall be required. Such systems shall be owned and maintained by the applicant, his successor or assigns, from the customer side of the master meter and backflow device or the check valve at the property line or County Utility Easement limit. School and park developments are included in the list of types of developments whose internal systems the applicant or assigns shall be responsible to own and maintain. Fo Private lift stations shall conform to the same specifications that apply to public lift stations, unless a Deviation from the Ordinance has been granted in advance and writing by the County Wastewater Director. The lift station Control Package shall include an operable Telemetry Control System, as specified by County Standards. The Developer will pay all impact fees in accordance with the latest revision of the Collier County Consolidated Impact Fee Ordinance, Section 74.303D. H. This project will have only one master pump station. Lift station easement areas shall be designed to 30 feet by 30 feet, or twice the wetwell depth by twice the wetwell depth, whichever is larger. Solid Waste Collection and Disposal Stipulations: mo Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in the form of bulk containers service (garbage dumpsters and/or compactors) for all commercial and industrial establishments, unless authorization for alternative means of disposal is approved by the Public Utilities Division. Bulk container service shall be required for all multi-family projects not receiving curbside pickup. Solid waste disposal shall be required in the form of curbside pickup for all units on the annual Mandatory Trash Collection and Disposal Special Assessment Roll's. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted in Section 2.6.15 of the Collier County Land Development Code. Bo Pursuant to Ordinance No. 90-30, as amended, all provisions and facilities solid waste collection and disposal shall conform to all portions of Sect! (Solid Waste Collection and Disposal) of the latest edition of the Colli Land Development Code. 20 REVISED (3) 01/20/04 for 3n 2.~,GIiI3~A IIEM /] :r C~nty 1 0 200 4.8 TRANSPORTION mo Within 60 days of the effective date of this PUD rezone, the developer must provide a 50-foot right-of-way easement for public use along the easternmost 500 feet of the north PUD boundary and a 30-foot right-of-way easement for public use along the balance of the PUD's northern boundary for the future Wolfe Road improvements. The developer shall construct said ROW improvements within the easternmost 500 feet of the proposed Wolfe Road, including required left and right turn lanes, to County standards, prior to the issuance of a certificate of occupancy. If within five years form the effective date of this PUD rezone, a requirement to construct Wolfe Road from a point 500 feet west of the terminus with Collier Boulevard and extending to the westerly Nagel-Craig PUD boundary, has not been made a condition of zoning approval for one or more adjacent or nearby developments, then it shall also be a condition of this approval to construct that portion of Wolfe Road to County standards, specifically including two travels lanes, provided that all necessary dedications and easements are granted to allow construction and public uses on the on the 30 foot portion of the proposed Wolfe Road north of and adjacent to the north PUD boundary. Prior to the issuance of a Certificate of Occupancy for any building within the PUD, The "Loop Road" depicted (in part) on the PUD Master Plan shall be fully constructed to County standards, and shall have been inspected and approved by Collier County. Co Prior to the issuance of any development approvals, the developer must provide a 65-foot right-of-way reservation along the entire frontage adjacent to Collier Boulevard (CR 951). This developer shall convey this reservation for Collier Boulevard improvements within 90 days of request by Collier County, and shall be eligible for fair market value payment or for impact fee credits, in compliance with Collier County LDC Section 2.2.20.3.7. Do All traffic control devices used must be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy. Fo on the PUD Master Plan are conceptual in nature and subject to c County reserves the right to modify or close any ingress and/or egress determined to have an adverse affect on the health, safety and Proposed points of ingress and/or egress and proposed median openings as shown langeA~A IX~tf~ oc a~,i~.n (s) [are of the ' J FEB 1 0 200 REVISED (3) 01/20/04 21 public. Any such modifications may be based on, but are not limited to issues of, safety, operational circulation, and roadway capacity. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, and the project's internal roadway system are not eligible for impact fee credits. All required roadway improvements must be in place and available to the public prior to the issuance of the first certificate of occupancy. Ho Nothing in the PUD document or the Master Plan or any development order will vest a right of access in excess of a right in/tight out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor will the lack thereof be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments must be operated and maintained by an entity created by the developer and Collier Country will have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way must be provided without cost to Collier County as a consequence of such improvement. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign, or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement must be borne by the developer and all money must be paid to Collier County before the issuance of the first certificate of occupancy. Should adjacent development be approved prior to development approval for this site that would provide shared access or interconnection with this development, then this project must participate and cooperate to allow such shared access or interconnections to occur. The PUD Master Plan must be revised to show these locations as part of the development approvals for this project. Changes to the Master Plan to accomplish said interconnection or shared access allowances would not require an amendment of the PUD. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and must accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. 4.9 REVISED (3) 01/20/04 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the cou cleating, excavation or other construction activity a historic or archaeological 22 'se o f'~:lfe ~rtif~t¼s FEB 1 0 2006 ; 4.10 found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland roles. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Co Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Department Staff. Do An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. Preserves shall be maintained free from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Any perimeter berms shall be entirely outside of all upland and wetland preserve areas. A minimum of thirty (30) percent open space of the gross site area, as described in Section 2.6.32 of the Land Development Code, shall be provided. Go This PUD shall be consistent with the Environmental section of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the tirr of fialg~,~rtr~/~ development order approval. REVISED (3) 01/20/04 23 FEB 1 0 200q A minimum of 4.5 acres of native vegetation shall be preserved/mitigated on site to meet the preservation requirement. Approximately 2.5 acres of existing vegetation will be preserved and approximately one acre recreated per the master plan. The location of the remaining native vegetation necessary to meet the required 4.5 acres shall be designated at the time of the first development order submittal for this PUD. 4.11 LANDSCAPING mo The perimeter landscape buffers on the north and south perimeters of the PUD may be reduced to 20 fee in width, provided: (1) A minimum of 80% of the required trees per Section 2.2.16 %.2.4.7 shall be located within the 20 foot perimeter buffers, placed no more than 30 feet on center; and, (2) One or more additional landscape/greenspace areas totaling 11,000 square feet and not less than 3,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landscape/greenspace area shall include at a minimum the balance of the trees not required per paragraph (a) above, but normally required within the 25-foot Business park perimeter buffer by Section 2.2.16 Vz.2.4.7. Bo The perimeter landscape buffer along the projects western boundary will consist of existing retained native vegetation and replanted native vegetation (on site mitigation, per Section 3.9.5.5). These preservation areas are a minimum of 50 feet in width and an average of 100 feet in width. As such, a six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall not be required along the western perimeter buffer, provided: All proposed Preservations and or Mitigation Planting Areas will be subject to Collier County Staff Approval at time of SDP(s). (2) No 24-hour businesses or restaurants allowed within 100 feet of any Preserve or Mitigation Area. (3) No Access Roads/R.O.W/Vehicular Use Areas/Dumpsters allowed adjacent (with 20 feet) of any Preserve or Mitigation Area. Co (4) Along Collier Boulevard, the required 25-foot landscape buffer shall be accordance with the applicable provisions of Division 2.4 of the LDC a~ No building over 35 feet in height allowed within 100 feet of any Preserve or Mitigation Area. · A~NDA ~TEM d S~'i~on REVISED (3) 01/20/04 24 FEB 1 0 200 2.2.16 I/2.2.4(7), except that all required canopy trees shall be a minimum of 12 feet in height at time of planting. All perimeter landscape buffers shall be installed at the earliest of the subdivision plat or SDP approval for the specific phase or phases within which the perimeter landscape buffer is located. REVISED (3) 01/20/04 25 AC.-.-.-.-.-.-.-.-~A ITEM ~r~.~ FEB I 0 200~ ..iram II ,I I!i IAt3q~S~AII AVA ~Ol~,?,lI 090090Z;00g# 0 200~ Ueld J~n8 ~leospurl lemde~uo3 eppOh:l '~ald~N 'pJ~,alno8 Ja!llO~ ~fled ~au!$no 6!e~O-la6eN J IFEB 1 PUDZ-2002-~R-3411 Typical Landscape Bu,,~ ?',&~, 0 200~ 1/--/.3 R ,01 ~UD7-2002- ~-~~iB Typical Landscap ~[fer Plan lq "l,. / , ..ill I- !1: i lliilliilliiill i! PUDZ-2002-AR-3411 FEB ! 0 ..._ //,/7 '1 PUDZ-2002-AR-3411 AGENDA r3:E[l~ · ~' FEB 1 0 200~t .... /a/',," FEB Jun 11, 2003 - 14:07:1~ P: ~2002~02-0714.01 NogeI--Croig Business Pork Add'l $upoo~O001 General Consultotion~2Ol~4XO2. dwg --~~;l~c JUNE, 200~ ~ TOM CRAIG AND C En~e~s, N.T.S. CONSUL~NG S~on&Mapp~, ,R,w,~: TITLE: NAGEL-CRAIG BUSINESS PARK ~ ~ ~ ~ ~ ~ p~en, Proj~m $.lm~ A.S. 3~~.S~=0 C.ECKED~: VICINITY MAP - EXHIBIT C ~R~ D.H,N. F~:(~9)~9-7~ 54 ~8S 26E NUMBER: NUMBER: OF NUMBER: ,A~ES-~U~A~r ROAD (C.~ S,5) -~ j ~. NA~rS-~UU~^t~ ROAD ~ ~ ~C~A~ ~HOOL HIGH SCHOOL ~ ~ ~ ~ ' BUSINGS PARK ~SU~A~ ~ VAND~BILT BEA~ ROAD E~. VAND~ILT B[A~ ROAD ~T. ~ ~ ~ CO~L · RESCUE I ~ ~EEN BOU~VARD GA~ P~KWAY ~ ~ ~ ~ com~ cou~ P:\ 2002\ 02-01 ? 4.01 NogeI--Cra;g Business Pork Add'l Support\ 0001 Generol Consultation\20 ? ~ 4 XO l.d Jun 11, 2005- 14:08:57 JUNE, 2003 N.T.S. CHECKL-~I D.H.N. SEC: TWP: ,.34 48S 26E CLIENT: TOM CRAIG AND CA I XYTA CONSUL'I-3:NG $~'veT°rs & Mappers, · · ./. -!. Pbnn~rs, Project Marogen 3050 ~ 14o~eshoe Drive, Suite 270 Phone: (239) 649-150~ FAX: (239) 649-7056 FEB :~L PJNA_A_G_GE...L//SZ TITLE: NAGEL-CRAIG BUSINESS PARK PUBLIC FACILITIES MAP - EXHIBIT D ~nllSH~ 1 Inu~ 9n'~14X01 NUMBER:"-"~PROJECTnO--nl'-'. 1 .... INUUBER: 1 or NUUBER:~'-"' EXECUTIVE SUMMARY PUDZ-2002-AR-3158, ROBERT J. MULHERE, AICP, OF RWA INC. AND RICHARD D. YOVANOVICH, ESQUIRE, OF GOODLETTE COLEMAN & JOHNSON, REPRESENTING ECO VENTURE WIGGINS PASS LTD., REQUESTING TO REZONE A 10.45 ACRE PARCEL FROM C-4 TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "COCONILLA" PUD TO ALLOW FOR: A MAXIMUM OF 95 RESIDENTIAL UNITS ON +/- 10.02 ACRES OF DEVELOPABLE AREA FOR A RESULTING DENSITY OF 9.5 DWELLING UNITS PER ACRE, SPECIFICALLY INCLUDING A RESIDENTIAL TOWER AT A BUILDING HEIGHT NOT TO EXCEED 21 STORIES OVER PARKING (MAXIMUM OF 225 FEET ABOVE THE REQUIRED FLOOD ELEVATION AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2.6.3.1 OF THE COLLIER COUNTY LDC), TOWN HOME UNITS, AND A MARINA BASIN WITH 52 BOAT SLIPS AND CUSTOMARY ACCESSORY USES, INCLUDING A PUBLICLY ACCESSIBLE SHIP'S STORE AND MARINE FUELING STATION OF APPROXIMATELY 5000 SQUARE FEET OF COMMERCIAL SPACE; AND, A +/- 0.80 ACRE PUBLIC USE TRACT PROVIDING FOR ADDITIONAL PUBLIC VEHICLE AND BOAT TRAILER PARKING TO PROVIDE: SUPPORT FOR COCOHATCHEE RIVER PARK, ACCESS TO THE MARINA SHIP'S STORE, AND EGRESS TO VANDERBILT DRIVE FOR PARK PATRONS TO ALLOW FOR SAFE EGRESS VIA A PROTECTED NORTHBOUND TURNING MOVEMENT AT EXISTING TRAFFIC SIGNAL AT WIGGINS PASS ROAD AND VANDERBILT DRIVE FOR PROPERTY LOCATED ON VANDERBILT DRIVE, AT THE WESTERN TERMINUS OF WIGGINS PASS ROAD IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approximately 10.45 acres of land currently zoned General Commercial (C-4) to PUD (Coconilla PUD). The Coconilla PUD is a proposed residential development consisting of townhouse and high-rise multi-family residential units, boat slips and parking for the adjacent Collier County park. The subject property is the site of the former Wiggins Pass Marina. It is located west of the terminus of Wiggins Pass Road at Vanderbilt Drive. The proposed residential units can be divided between dwelling units in a high-rise building and townhouse dwelling units. Accessory to the residential use are cabanas, a marina building, and a marina basin with 52 boat slips. The high-rise residential building is proposed to be .......... '~ ' AGENDA ITEI~. 1 FEB 1 0 200z~ p~.. / three tiers. The northern tier is limited to 21 stories over parking with a maximum of 225 feet in height above the required flood elevation. The middle tier is limited to 18 stories over parking with a maximum of 200 feet in height above the required flood elevation. The southern tier is limited to 15 stories over parking with a maximum of 175 feet in height above the required flood elevation. The proposed density of the Coconilla PUD is 95 dwelling units on 10.45 acres, which would result in a density of 9.09 dwelling units per acre, however, 0.43 acre of the site is marine wetland and is ineligible to be used in the density calculation. The actual density calculation is 95 dwelling units on 10.02 acres, resulting in a density of 9.5 dwelling units per acre A complete analysis is contained in the attached Planning Commission Staff Report. That analysis discusses in detail the PUD's consistency with the Growth Management Plan and compatibility with the surrounding area. Among the points considered in the analysis: Utilization of the Conversion of Commercial provisions of the GMP. Inclusion of a majority of the property within the Coastal High Hazard Area. Inclusion of a majority of the property within the secondary zone of a bald eagle nest. Compatibility of proposed buildings with existing and proposed buildings on adjacent property. FISCAL IMPACT: This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees are applicable to the proposed project: Impact Fee Per Unit Total · Park Impact Fee: · Libraries Impact Fee: · Road Impact Fee · EMS Impact Fee · Fire Impact Fee: · Correctional Facility: · Educational Facilities: · Water Impact Fee · Sewer Impact Fee $1,418 $134,710 $ 238 $ 22,610 $2,486 $236,170 $ 104 $ 9,88O $0.15 per square foot under roof $ 28,500 $118 $ 11,210 $827 per dwelling unit $ 78,565 TBD TBD TBD TBD The estimated total amount of impact fees for the proposed rezone is $521,645. It should be noted that this estimate is based on 95, 2,000 square-foot multi-family dwelling units being developed. Additionally, offsets for the previously existing land uses (the marina) may be calculated and applied for Road, EMS, Correctional Facilities and Water and Sewer Impact Fees resulting in a reduction of the actual dollar amount of impact fees required to be paid. 2 FEB 1 0 200 2... Other fees will include building permit review fees and Water and Sewer Impact Fees and other utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The property is also within the Traffic Congestion Area, part of the Density Rating System, and the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) ~ that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed - Use District permits a variety of residential and non-residential land uses including mixed use developments such as Planned Unit Developments; water-dependent and water-related uses and other recreational uses such as water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants; and, recreation and open space uses. The Density Rating System provides for an eligible density of 4 dwelling units per acre throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 dwelling units per acre), whether in or out of the CHHA, therefore, the subject site is eligible for a base density of 4 dwelling unit per acre. But, the site is within the Traffic Congestion Area so is subject to a 1 dwelling units per acre reduction. However, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted". As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0 to16 dwelling units per acre may be found consistent with the FLUE. As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). Base density = 4 dwelling units per acre Traffic Congestion Area = -1 dwelling unit per acre Conversion of Commercial = +16 dwelling units per acre Total Maximum Density= 19, however, 16 dwelling units per acre is the maximum density permitted by the Density Rating System The existing FLUE only refers to gross density when applying the Density Rating System. However, an amendment adopted September 10, 2003, but not yet in effect, clarifies that gross site acreage is used to calculate residential density, LESS land area devoted to commercial or industrial land uses or devoted to land uses with an equivalent residential density (e.g. ALF). This is also how the LDC provides for calculating residential density, and is how staff has in the past interpreted the FLUE. Since the property is proposed for a combination of residential and water-dependent, war ..... 3 FEB 1 O 200 (no commercial, industrial or residential equivalent uses), staff believes it appropriate to utilize the entire site acreage in calculating residential density. The Land Development Code also requires that marine wetlands not be used in density calculations. The subtraction of the 0.43-acre of wetlands results in a developable acreage of 10.02 acres to be used for density calculations. The Urban-Mixed Use District sets forth that any water-dependent and/or water-related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policyl0.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a) Presently developed sites; b) Sites where water-dependant or water-related uses have been previously established; c) Sites where shoreline improvements are in place; d) Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized. The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-dependent use - the 0.80-acre public use tract related to the adjacent Cocohatchee River (County) Park. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of its review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. In viewing surrounding properties, gross density and/or net density might be evaluated, and density averaging might be employed. For a complete discussion of the background and history of these issues, please refer to the attached Planning Commission Staff Report. Based upon the above analysis, Staff concludes the proposed uses and density for the site may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: The majority of the site falls within the secondary protection zone of a bald eagle nest. The petitioner has applied to the US Fish and Wildlife Service (USFWS) for an Incidental Take Permit (a "take NO. 4 FEB 1'0 200 permit" includes destroying a bird or its nest, but in this case, because the nest is not on the petitioner's property, it will be for degradation of habitat). In accordance with Policy 7.1.2 of the Conservation and Coastal Management Element of the GMP, a wildlife habitat management plan has been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi- story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a high-rise residential building. Consistent with this policy, the bald eagle management plan for the project provides restrictions on building height and prohibits construction during nesting season. Policy 7.1.2(3) of the Conservation and Coastal Management Element of the GMP states, "The County shall consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission (FWC) and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." The USFWS is working on a biological opinion that was expected to be completed in October (according to the petitioner, the opinion has not yet been received). The FWC does not typically provide technical assistance once a Section 7 consultation (Incidental Take permit application) has been started. If at such time that the USFWS provides its written biological opinion and its recommendation allows for the multi-story building within the secondary zone and/or allows construction during the nesting season, the eagle management plan will be consistent with the GMP. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on August 6, 2003. The petitioner presented the proposed PUD and EAC members questioned the petitioner. Twenty neighbors and other County residents spoke, both in favor and in opposition. Speakers in favor generally stated that the residential use was preferable to the potential commercial uses, which could be built. Speakers in opposition generally stated that the current marina provides water access to the boating public, which will become private after the rezone; the fact that a building over 200 feet in height is not compatible with the neighborhood; and that the building would disturb the flight patterns and feeding habits of the bald eagles, and eventually cause the eagles to abandon the nest. Council Member Ellis made a motion to recommend denial. The motion died for lack of a second. Council Member Gal recommended approval with the maximum building height being the same as the 5 FEl 1'0 200 eagle nest tree. That motion also died for lack of a second. Council Member Hughes made a motion to recommend approval with the condition that the petition be reheard by the EAC if the USFWS Incidental Take Permit allowed a building height that is higher than the eagle nest tree. That motion was seconded by Council Member Sorrell. Mr. Sansbury, Mr. Hughes, and Mr. Sorrell voted in favor of the motion. Mr. Gal and Ms. Ellis voted in opposition. Council Members Carlson, Lynne, and Hummiston recused themselves. Although the motion passed 3 to 2, the LDC requires the votes of 5 EAC council members, either in favor or in opposition, in order to forward a recommendation. Therefore the EAC forwarded Petition PUDZ-2002-AR-3158 to the Board of County Commissioners with no recommendation. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 6, 2003. The Commission heard testimony from the petitioner, Staff and area residents. Thirty-eight residents spoke, with 20 supporting the project and 18 in opposition. Of the 18 speakers in opposition, several represented groups: North Bay Civic Association, Property Owners of North Collier County, Estuary Conservation Association, Naples Park Area Association, and, unless the Eagle Management Plan is endorsed by USFWS, the Collier County Audubon Society also expressed opposition. After discussion and questions from the Planning Commission, the petitioner, who originally asked for a density of 10.7 dwelling units per acre, agreed to the Staff recommendation of 9.5 dwelling units per acre with a concomitant reduction of two floors. Commissioner Adelstein then made a motion to recommend approval with a density of 8.2 dwelling units per acre and a maximum height of 12 stories over parking. After being seconded by Commissioner Murray, the motion failed by a vote of 3 to 6. Commissioner Strain then made a motion to recommend denial based on numerous findings, among them, the impropriety of a density bonus in the Coastal High Hazard Area, the fact that the USFWS permit had not yet been obtained, and the finding that a residential use is not a water-dependent use. The motion was seconded by Commissioner Richardson and was approved by a vote of 6 (Schiffer, Midney, Strain, Richardson, Abemathy, and Evans) to 3 (Murray, Adelstein, and Budd). Therefore, the CCPC forwarded the Coconilla PUD to the Board of County Commissioners with a recommendation of denial. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the tiered high-rise building is compatible with the other high-rise buildings in the vicinity. Staff analysis also indicates that the project is eligible for the Conversion of Commercial provisions of the Density Rating System, which would allow a density of from 0 to 16 dwelling units per acre. Staff analysis also indicates that the Coconilla PUD is largely within the CHHA, which, in different sections of the GMP, permits the use of the Conversion of Commercial density bonus but also encourages limitation of density in this area. Should the County encourage, by way of a substantial density bonus, people to live in an area prone to storms, especially in light of the fact that there are no existing residential dwelling units on the subject property? Should the County encourage the elimination of commercial zoning outside of Activity Centers as stateq] in the AGENDA ITE~ 6 FEB 1 0 200q Conversion of Commercial Zoning section of the Density Rating System, or recognizing certain private property rights, should the County encourage alternatives to residential land uses in the CHHA? (Staff historical knowledge is that, during the creation of the GMP, use of Conversion of Commercial in the CHHA [then the Coastal Management Boundary] was discussed and intentionally included.) These questions will ultimately be answered by the Board of County Commissioners. Until that policy decision is made, Staff has given equal weight to both of these provisions of the GMP. As stated in the FLUE, density is not an entitlement. The CHHA adjusted base density is a maximum of 3 dwelling units per acre. Utilizing the Conversion of Commercial provisions, the density of the subject site could be a maximum of 16 dwelling units per acre. Giving equal weight to both the CHHA and Conversion of Commercial provisions will result in a density that is lower than the maximum density, to decrease the number of residents exposed to storm hazards, and a density, which is greater than the adjusted base density, in order to encourage residential development on commercial property. In light of the conflicts contained in the Growth Management Plan and acknowledging that the applicant qualifies for a density bonus under the current density rating system, Staff believes this density should be calculated as half of the difference between the maximum and the adjusted base (16 - 3 = 13; 13/2 = 6.5; 6.5 + 3 = 9.5), resulting in a density of 9.5 dwelling units per acre (again giving equal weight to both applicable provisions of the GMP). Therefore, Zoning and Land Development Review Staff recommended that the Collier County Planning Commission forward Petition PUDZ- 2002-AR-3158 to the Board of County Commissioners with a recommendation of approval, subject to the PUD document attached to this Staff Report, with a density of a maximum of 9.5 dwelling units per acre; with the understanding that the Board's decision on the density of this petition will be a policy decision on which Staff will base future recommendations of density bonuses in the Coastal High Hazard Area. FEB 1 0 200q PREPARED BY: HL, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAy I~I~LO-WS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW MURRAY, AICP, DIRECj~OR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: ( ~)MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PUDZ-2002-AR-3158 I-- DATE FEB 1 0 200,~ AGENDA ITEM MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION AUGUST 14, 2003 PETITION: PUDZ-2002-AR-3158 COCONILLA PUD OWNER/AGENT: Agents: Owner: Robert J. Mulhere, AICP RWA Consulting, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 Richard D. Yovanovich Goodlette, Coleman & Johnson, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Wiggins Pass Marina Company, Inc. Tree Plateau Company, Inc. 1020 Crossepointe Drive, Suite 106 Naples, FL 34110-0918 Contract Pumhaser: Eco Venture Wiggins Pass Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, FL 33606 REQUESTED ACTION: The petitioner wishes to rezone approximately 10.45 acres of land currently zoned General Commer_qj,al.. (C-4) to PUD (Coconilla PUD). The Coconilla PUD is a proposed residential developmel it cons~F~h~ 6..f';~?- . FEB 1 0 n townhouse and high-rise multi-family residential units, boat slips and parking for the adjacent Collier County park. The site will have access at the intersection of Wiggins Pass Road and Vanderbilt Drive. GEOGRAPHIC LOCATION: The subject property is the site of the former Wiggins Pass Marina. It is located in the northwest quadrant of the intersection of Wiggins Pass Road and Vanderbilt Drive. The parcel is approximately 10.45 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a residential PUD with private boat slips, and additional parking for the adjacent County park. The residential units can be broken down into 102 dwelling units in a high-rise building and 10 townhouse dwelling units. Accessory to the residential use are cabanas, a marina building, and a marina basin with 52 boat slips. A high-rise residential building is proposed to be constructed in three tiers. The northern tier is limited to 21 stories over parking with a maximum of 225 feet in height above the required flood elevation. The middle tier is limited to 18 stories over parking with a maximum of 200 feet in height above the required flood elevation. The southern tier is limited to 15 stories over parking with a maximum 'of 175 feet in height above the required flood elevation. The petitioner states that the highest point on site today is 9.48 feet NGVD. The flood elevation for the site is currently 12 feet NGVD. Since the site is currently zoned C-4, is not located within an Activity Center, and is not consistent with the Neighborhood Village Center Subdistrict, the petitioner is entitled to utilize the "Conversion of Commercial Zoning" section of the Density Rating System of the Future Land Use Element of the Growth Management Plan. Conversion of Commercial Zoning allows the petitioner to apply for a maximum of 16 dwelling units per acre of commercial property converted. (It should be noted that the Density Rating System states that density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code.) The subject site is 10.45 acres resulting in a maximum of 167 residential dwelling units (a density of 16 units per acre). The petitioner proposes a maximum of 112 residential dwelling units on 10.45 acres (a density of 10.7 units per acre). The majority of the site falls within the secondary protection zone of a bald eagle nest. The petitioner has applied to the US Fish and Wildlife Service CLISFWS) for an Incidental Take Permit (a "take permit" includes destroying a bird or its nest, but in this case, because the nest is not on the petitioner's property, it will be for degradation of habitat). In accordance with Policy 7.1.2 of the Conservation and Coastal Management Element wildlife habitat management plan has been submitted for the bald eagle. The relevant r~ project that is required by Policy 7.1.2 to be used in preparing the management plan £ere~i~.e to this s the r'Habitat FEB 1 0 200q Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a high- rise residential building. Consistent with this policy, the bald eagle management plan for the project provides restrictions on building height and prohibits construction during nesting season. Policy 7.1.2(3) of the Conservation and Coastal Management Element of the GMP states, "The County shall consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission (FWC) and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." The USFWS is working on a biological opinion that is expected to be completed in October. The FWC does not typically provide technical assistance once a Section 7 consultation (Incidental Take permit application) has been started. If at such time that the USFWS provides its written biological opinion and its recommendation allows for the multi-story building within the secondary zone and/or allows construction during the nesting season, the eagle management plan will be consistent with the GMP. SURROUNDING LAND USE AND ZONING: Subject Parcel: Property developed as a marina; zoned C-4 Surrounding: North: East: South: West: Undeveloped land within a residentially designated tract; zoned PUD (Cocohatchee Bay PUD) Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned PUD (Cocohatchee Bay PUD) Cocohatchee River Park (Collier County Parks and Recreation); zoned P (Public Use) Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned PUD (Cocohatchee Bay PUD) AC.~hiOA rrr~ 3 FEB 1 0 200 ,,.., GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban Mixed - Use District permits a variety of residential and non-residential land uses including mixed use developments, such as Planned Unit Developments, including water-dependant and water-related uses and other recreational uses such as parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, boat launching facilities, boat fueling facilities, and restaurants. The Density Rating System indicates that the site is eligible for a base density of 4 dwelling units per acre, but the site is within the Traffic Congestion Area, resulting in a 1 dwelling unit per acre reduction. However, the petitioner's request to rezone the property from C-4 to PUD meets the criteria of the Density Rating System "Conversion of Commercial Zoning" provision which states: if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted. Because the property is proposed for a combination of residential and water-dependent, water-related uses, and because the FLUE is silent to the issue, staff believes it is appropriate to calculate the density on the entire acreage (exluding submerged lands per the LDC +/.48 acres) including the portion of the site that is used for a water-dependent, water-related use (marina). : Base density = Traffic Congestion Area = Conversion of Commercial = Total Maximum Density = 4 dwelling units per acre -1 dwelling unit per acre +16 dwelling units per acre 19, however, 16 dwelling units per acre is the maximum density permitted by the Density Rating System The Urban-Mixed Use District sets forth any water-dependant and/or water-related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policyl 1.1.4), the following land use criteria shall be used for prioriti?.ing the siting of water-dependant and water-related uses: Presently developed sites; Sites where water-dependant or water-related uses have been previously established; Sites where shoreline improvements are in place; Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized. n FEB 1 0 200~ p~.~ The subject site is presently developed with a marina, a water-dependent and water-related use. Based upon the above analysis, Staff concludes the proposed use and density for the site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IN[PACT: Staffs analysis indicates that the petitioners property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey is not required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRU~: The proposed impact of this rezone on l~ansportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: Under the density rating system,'the PUD is eligible for a maximum of 167 dwelling units. The proposed pUD provides for a maximum of 112 dwelling units, resulting in a gross density of 10.7 dwelling units per acre, less than the maximum of 16 dwelling units per acre indicated by the Density Rating System. The Density rating System states that density bonuses are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code. Staff analysis indicates that the proposed project meets the criteria for the bonus. Staff analysis also finds the project compatible with the neighborhood (the residential parcel to the north, Cocohatchee Bay PUD, permits high-rise residential units at a height of 200 feet aboveparking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project). The proposed tiered building and increased fi.om yard setback is a result of work between the petitioner and Current Planning Staff. Compliance with the criteria in the Land Development Code will be reviewed at the time of Site Development Plan submittal. The subject property is within the Coastal High Hazard Area according to the Collier County Growth Management Plan. The entire property also lies within a Tropical Storm/Category 1 storm surge zone from landfalling hurricanes. Because. of these zones, the Emergency Management Department recommended a reduction in density so there would not be an adverse' effect on evacuation clearance times. Since that review, the petitioner reduced the density fi.om the'6ri ly"p Posed 158 residential units to the current 112 residential units. The Public Use portion of the project will provide additional parking for the Cocohatchee River Park. It will also provide access to the traffic signal at Wiggins Pass Road and Vanderbilt lnveAlttflllae~ll~ '] visitors. ~. ' ~/ C~ ~ I FEB!O2ooq I ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on August 6, 2003. The petitioner presented the proposed PUD and EAC members questioned the petitioner. Twenty neighbors and other County residents spoke, both in favor and in opposition. Speakers in favor generally stated that the residential use was preferable to the potential commercial uses, which could be built. Speakers in opposition generally stated that the current marina provides water access to the boating public, which will become private after the rezone; the fact that a building over 200 feet in height is not compatible with the neighborhood; and that the building would disturb the flight patterns and feeding habits of the bald eagles, and eventually cause the eagles to abandon the nest. Council Member Ellis made a motion to recommend denial. The motion died for lack of a second. Council Member Gal recommended approval with the maximum building height being the same as the eagle nest tree. That motion also died for lack of a second. Council Member Hughes made a motion to recommend approval with the condition that the petition be reheard by the EAC if the USFWS Incidental Take Permit allowed a building height that is higher than the eagle nest tree. That motion was seconded by Council Member Sorrell. Mr. Sansbury, Mr. Hughes, and Mr. Sorrell voted in favor of the motion. Mr. Gal and Ms. Ellis voted in opposition. Council Members Carlson, Lynne, and Hummiston recused themselves. Although the motion passed 3 to 2, the LDC requires the votes of 5 EAC council members, either in favor or in opposition, in order to forward a recommendation. Therefore the EAC forwarded Petition PUDZ-2002-AR-3158 to the Board of County Commissioners with no recommendation. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Coconilla PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plan, particularly the Conversion of Commercial Zoning section of the Density Rating System. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002-AR-3495 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. AGEI~A I~ FEB 1 0 200 , /.5'"' PREPARED BY: · '~ PRINCIPAL PLANNER REVIEWED BY: CURRENT PLANNING MANAGER DATE APPROVED BY: D~,TE NVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition. PUDZ-2002-AR-3158 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/current/reischllPUD/PUDA/Coconilla/staff~p°rt/PL1DZ'2002'AR'3158 AGENDA ITE~ FEI~ 1 0 200~ ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 6~ 2003 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2002-AR-3158 Coconilla PUD Eco Venture Wiggins Pass, LTD. RWA Consulting, Inc. Passarella and Associates, Inc. Item V.B. tie LOCATION: The subject site is located on Vanderbilt Drive (CR 901) at the western terminus of Wiggins Pass Road (CR 888) in Section 17, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly developed with classifications: ZONING DESCRIPTION the following zoning N- PUD Cocohatchee Bay PUD; currently undeveloped, permitted for residential high-rise structures Vanderbilt Drive ROW Across Vanderbilt Drive is the Cocohatchee Bay golf course, zoned PUD P PUD PUD Cocohatchee River Park (Collier County Parks and Recreation) and open water Undeveloped commercial tract of Wiggins Bay PUD (uses are similar to those in the C-2 commercial district) Cocohatchee Bay PUD; currently undeveloped, permitted for residential high-rise structures and preserve FEB 1 0 200tt EAC Meeting Page 2 of 9 IVe PRO~ECT DESCRIPTION: The subject site is 10.45 acres in size. It is currently zoned General Commercial (C-4) and is the former site of the Wiggins Pass Marina. The petitioner proposes to rezone the site to PUD. The Coconilla PUD is primarily residential (5.65 acres) with a maximum of 112 dwelling units. 102 dwelling units are proposed for high- rise multifamily buildings and 10 townhouses are also proposed. The maximum density that could be requested for this PUD is 16 dwelling units per acre. The petitioner requests a density of 11.6 dwelling units per acre. Four acres of the site will contain boat slips and other water-related uses which are accessory to the residential units. In addition, 0.8 acre is being dedicated to public use, adjacent to the Cocohatchee River Park. The high-rise building is proposed to be constructed in three tiers. The northern tier is limited to 21 stories over parking with a maximum of 225 feet in height above the required flood elevation. The middle tier is limited to 18 stories over parking with a maximum of 200 feet in height above the required flood elevation. The southern tier is limited to 15 stories over parking with a maximum of 175 feet in height above the required flood elevation. The petitioner states that the highest point on site today is 9.48 feet NGVD. The flood elevation for the site is currently 12 feet NGVD. Ve GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: · The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban Mixed - Use District permits a variety of residential and non- residential land uses including mixed use developments, such as Planned Unit Developments, including water-dependant and water-related uses and other recreational uses such as parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, boat launching facilities, boat fueling facilities, and restaurants. The Density Rating System indicates that the site is eligible for a base density of 4 dwelling units per acre, but the site is within the Traffic Congestion Area, .resulting in a 1 dwelling unit per acre reduction. However, the petitioner's request to rezone the property from C-4 to PUD meets the criteria of the Density Rating System "Conversion of Commercial Zoning" provision which states: if the project includes conversion of commercial zoning which is not within a Mi red i~g_no~' ~M_ Activity Center or Interchange Activity Center and is not consistent with~, e FEB 1 0 200 EAC Meeting Page 3 of 9 Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commemial zoning which is converted. Since the property is proposed for a combination of residential and water-dependent, water- related uses, Staff believes it appropriate to allow a double-counting of the acreage; that is, the entire site acreage is used in calculating residential density, though a portion of the site is used for a water-dependent, water-related use (marina). The FLUE is silent to this issue. Base density = Traffic Congestion Area = Conversion of Commercial = Total Maximum Density = 4 dwelling units per acre -1 dwelling unit per acre +16 dwelling units per acre 19, however, 16 dwelling units per acre is the maximum density permitted by the Density Rating System The Urban-Mixed Use District sets forth any water-dependant and/or water- related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policyl 1.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) b) c) d) Presently developed sites; Sites where water-dependant or water-related uses have been previously established; Sites where shoreline improvements are in place; Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized. The subject site is presently developed with a marina, a water-dependent and water-related use. Based upon the above analysis, Staff concludes the proposed use and density for the site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways di~har~A frr~ ' into estuaries shall meet all applicable federal, state, or local wate~ quality 1 FEBI0200 EAC Meeting Page 4 of 9 standards. This project is consistent with the objectives of policy 2.2.2 in that it attempts to enhance the quality and quantity of water leaving the site by the collection of surface water runoff in concrete drainage structures, transportation of the flow in a subsurface conveyance system, and directing the runoff to above ground dry detention in four detention areas and drainage swales. A 25-year storm will discharge through the water management system and not directly to the marina from the uplands. The project is consistent with Policy 6.1.4 in that an invasive exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document. The requirement in Policy 6.1.7 to provide an Environmental Impact Statement has been satisfied. Jurisdictional 'wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Per the PUD document, agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. The SFWMD FLUCCS identifies Code 540 (Bay) onsite as "other surface waters" and COE identifies "Waters of the U.S." The proposed marina is for 52 slips. Policy 6.3.1 requires the amount of permitted wet slips for marinas be no more than 18 boat slips per 100 feet of · shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds for construction. The existing shoreline is 326 feet, which would allow 58 slips; the applicant is proposing only 52 slips, in accordance with the policy. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement. In accordance with Policy 7.1.2, wildlife habitat management plans have been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildin :WS AGENDA ;s o~~°. 1 0 200 Pg._ F_.AC M~ng Page 5 of 9 high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a multi-story residential tower. Consistent with this policy, the bald eagle management plan for the project provides the appropriate restrictions on building height and prohibits construction during nesting season. Policy 7.1.2(3), states, "The County shall consider and utilize recommendations and letters of technical assistance from the FFWCC and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." The USFWS is working on a biological opinion that is expected to be completed sometime in October. The FFWCC does not typically provide technical assistance once a Section 7 consultation (Incidental Take permit application) has been started. If at such time that the USFWS provides their written biological opinion and their recommendation allows for the multi-story building within the secondary zone and/or allows construction during the nesting season, the eagle management plan will be consistent with the GMP. The project is consistent with Policy 7.1.4 in that applicable federal and state permits regarding protected species will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document. Per Policy 7.2.1, the marina siting criteria was used to determine the appropriate number of docks 'allowed in order to direct increased boat traffic away from sensitive manatee habitats. Policy 10.1.1 sets priorities for water-dependant uses in order to protect shorelines where activities will damage or destroy coastal resources. The proposed private marina use falls in the middle of the priorities list. However, the shoreline along the property has already been impacted. Similarly, Policy 10.1.3 lists priorities for water-related uses: Recreational facilities, marine supply/repair facility and residential development, respectively. Consistent with the policy, the proposed plan is providing a marina, a marine supply facility as well as a residential development, the In'st, second and third priorities. Per Policy parking, fueling facilities designed to contain spills from on-land and in and accessibility to all public services. Per this policy, a hurricane pl~ stipulated in the PUD document. Sewage pump-out facilities will be re 10.1.6 regarding new marinas, the applicant has provided vehicular EAC Meeting Page 6 of 9 the time of site development plan submittal. This policy also states that dry storage should be encouraged over wet storage. Vie MAJOR ISSUES: Stormwater Management: The subject site lies in an area referred to in the County Drainage Arias as "Miscellaneous Coastal Basins" because it discharges directly into the Gulf. Since there are no downstream properties, water quantity (discharge) requirements are not a consideration. There are no County stormwater facilities in the vicinity of the project. Water quality retention must be accounted for in compliance with the requirements and standards of the FDEP and the SFWMD. Environmental: Site Description: The subject site is a 10.45-acre existing commercial marina. No native habitat is present. Wetlands: The subject site contains 0.43 acres of open water, the shoreline composed of sea wall and boat ramps. The submerged bottom of the bay is composed of soft sediment lacking sea grasses within or immediately adjacent to the project boundary. The applicant proposes to excavate a 3.65-acre marina basin and establish a 1,772 linear foot vertical retaining wall for a reconfiguration of the existing 52-slip marina. Preservation Requirements: There is no preservation requirement for the subject property, however the applicant is proposing to enhance the reconfigured marina basin for flushing by planting the terminal ends of the bay with 0.82 acres of mangroves. AGENDA IT~ FEB 1 0 200 F.~C M~fing Pag~ ? of 9 Listed Species: The project site is developed and does not contain listed species. The West Indian Manatee may occur within waters near the project site. The majority of the site is located within the secondary protection zone of bald eagle nest CO-019. This nest is located approximately 830 feet northwest of the project site occupied by a pair of eagles that have successfully fledged two young during each of the last four consecutive nesting seasons. VII® RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUDZ-2002-AR-3158, "Coconilla" with the following stipulations: Stormwater Management: A Surface Water Management Permit or an Environmental Resource' Permit must be obtained from SFWMD for this site. SFWMD may defer to FDEP because of the location. Environmental: The bald eagle management plan shall be amended to include the following language: "Construction in the secondary protection zone shall be prohibited during nesting season, unless written authorization is provided by the USFWS." 2. Add the following language to Section 6.9 of the PUD document: ao "Construction within the bald eagle secondary protection zone shall be limited to a maximum height, not to exceed the height of eagle nest CO- 019. However, any construction greater than the height of the nest shall require written approval from the USFWS and that shall become the maximum building height allowed." b. "Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Council or any successor body." 3. The bald eagle management plan shall be added as an exhibit in the PUD document. FEB 1 0 200q' EAC Meeting Page 8 of 9 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING SERVICES MANAGER JULY C. ADARMES MINOR. P.E. ENGINEER SEN/OR KIM HADLEY ENVIRONMENTAL SPECIALIST FRED REISCHL, AICP PRINCIPAL PLANNER DATE DATE DATE DATE AC, Et~A II'g.M F~[~ 1 0 200~, EAC Meeting Page 9 of 9 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE ~ D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOSEPH K. SCH3417T COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR DATE C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER A~A ITEM FEB 1 0 200~ ~v~s~on o~ t.:orporauons Page 1 of 2 Florida Profit WIGGINS PASS MARINA CO., INC. PRINCIPAL ADDRESS % GENE M PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed 03/17/1999 MAILING ADDRESS % GENE M PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed 03/17/1999 Document Number FEI Number Date Filed 400685 132719454 05/08/1972 State Status Effective Date FL ACTIVE NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 02/25/1986 Event Effective Date NONE Registered Agent TALFORD, RICHARD 8889 PELICAN BAY BLVD, SUITE 401 NAPLES FL 34108 Address Changed: 01/29/2000 Officer/Director Detail Name & Address I[ Title TALFORD, RICHARD S. C/O GENE M. PRANZO, 230 PARK AVE 26TH FL DVP NEW YORK NY 10169 AGENDA ITEM FE~ 1 0 20u,~ P~.., ..~ ~: .../cordet.exe?al =DETFIL&n 1 =400685&n2=NAMFWD&n3=0002&n4=N&r 1 =&r2=&r3=&r~8/14/2003 Division of Corporations Page 2 of 2 C/O GENE M. PRANZO, 230 PARK AVE 26TIt FL DP NEW YORK NY 10169 PP. ANZO, GENE M. 230 PARK AVE 26TH FLOOR DS NEW YORK NY 10169 POTTER, CAROL C/O GENE M. PRANZO, 230 PARK AVE 26TH FL T NEW YORK NY 10169 Annual Reports View Events View Name History Document Images Listed below are the images available for this filing. - COR - ANN REP/UNIFORM BUS REP - ANN REP/UNIFORM BUS REP - ANN REP/UNIFORM BUS REP - ANN REP/UNIFORM BUS REP - ANNUAL REPORT -ANNUALREPORT 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT FE~ 10 2006 .../cordet.exe?al =DETFIL&n 1 =400685&n2=NAMFWD&n3=0002&n4=N&r 1 =&r2=&r3=&r 8/14/2003 ~ Division of Corporations Page 1 of 2 Foreign Profit TREE PLATEAU CO., INC. PRINCIPAL ADDRESS C/0 GENE M. PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed 03/17/1999 MAILING ADDRESS C/0 GENE M. PRANZO 230 PARK AVE 26TH FLOOR NEW YORK NY 10169 US Changed 03/I 7/1999 Document Number FEI Number Date Filed 816667 135668757 01/30/1963 State Status Effective Date DE ACTIVE NONE Registered Agent Name & Address UNITED STATES CORPORATION COMPANY 1201 HAYS STREET SUITE 105 TALLAHASS~'~: FL :52301 Name Changed: 02;21/1994 Addre~ Changed: 02;21/1994 Officer/Director Detail [ Name & AddreSs Il Title TALFORD, RICHARD S. C/O GENE M. PRANZO, 230 PARK AVE 26TH FL DVP NEW YORK NY 10169 PRANZO, GENE M 230 PARK AVE 26TH FLOOR DS NEW YORK NY 10169 AGENDA I~T~ FEB 1 0 200q .../cordet.exe?al =DETFIL&n 1 =816667&n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=&r3=&rZ8/14/2003 Division of Corporations Page 2 of 2 C/O GENE M. PRAN7.,O, 230 PARK AVE 26TH FL AT NEW YORK NY 10169 TALFORD, DORIS K C/O GENE M. PRANZO, 230 PARK AVE 26TH FL DP NE YORK NY 10169 Annual Reports No Events No Name History Information Document Images Listed below are the images available for this filing. 02/11/2003 - COR - ANN REP/UNIFORM BUS REP 02/12/2002 - ANN REP/UNIFORM BUS REP 02/02/2001 - ANN REP/UNIFORM BUS REP 01/29/2000 - ANN REPAINIFORM BUS REP 03/17/1999 - ANNUAL REPORT ~3/16/1998 - ANNUAL REPORT 03/11/1997 - ANNUAL REPORT 02/28/1996 - 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT J .../cordet.exe?al=DETFIl~nl=816667&n2=NAMFWD&n3=0000&n4=N&rl=&r2=&r AGENDA ITF_M V£[~ 1'0 2001~ Division of Corporations Page 1 of 2 Florida Limited PartnerShip ECOVENTURE WIGGINS PASS, LTD. PRINCIPAL ADDRESS 601 BAYSHORE BLVD., SUITE 960 TAMPA FL 33606 MATI.ING ADDRESS 6Ol BAYSHORE BLVD., SUITE 960 TAMPA FL 33606 Document Number FEI Number Date Filed A02000000390 010647136 03/19/2002 State Status Effective Date FL ACTIVE NONE Actual Contribution 99.00 Registered Agent Name & Address WOLFF., RANDOLPH J 100N. TAMPA ST. STE. 2700 TAMPA FL 33602 Name Chango:l: 04721/2003 Address Change: 04/21/2003 General Parmer Detail Name & Address Document Number ECOVENTIJR.E WIGGINS PASS, INC. 60] BAYSHORE BLVD., SUITE 960 P02000030047 TAMPA FL 33606 AOENDA ITEM FEB 1 0 201~ ] .../cordetexe?a 1 =DETFIL&n 1 =A02000000390&n2=NA.MFWD&n3=0000&n4=N&r 1 =&r2=~8/14/200J~ Division of Corporations Page 2 of 2 Annual Reports Report Year [J Filed Date II o~mnoo3 No Events No Name History Information Document Images Listed below are the images available for this filing. [04/21/2003 - ANN REP/UNIFORM BUS REP [03/19/2002 - Domestic LP II THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT AGENDA ITEM. FEB 1 0 200z+ PS. · ../cordet.exe?al =DETFIL&nl =A02000000390&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2= 8/14/2003 Division of Corporations Page 1 of 2 Florida Profit ECOVENTURE WIGGINS PASS, INC. PRINCIPAL ADDRESS 601 BAYSHORE BOULEVARD SUITE 960 TAMPA FL 33606 MAILING ADDRESS 6Ol BAYSHORE BOULEVARD SUITE 960 TAMPA FL 33606 Document Number FEI Number Date Filed P02000030047 043628401 03/19/2002 State Status Effective Date FL ACTIVE NONE Registered Agent Name & Address WOLFE, RANDOLPH J 100 N TAMPA ST, surrE 2700 TAMPA FL 33602 Name Changed: 05/I 3/2003 Address Changed: 05/13/2003 Officer/Director Detail Name & Address l[ Title omsc~e~, eDw^~ R 601 BAYSHORE BOULEVARD #960 D TAMPA FL 33606 OELSCHLAEGER, CHRISTOPHER E 601 BAYSHORE BOULEVARD #960 D TAMPA FL 33606 FEB 1 0 200~ .../cordet.exe?al =DETFIL&n 1 =P02000030047&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=,~8/14/2003 Division of Corporations Page 2 of 2 Annual Reports No Events No Name History Information Document Images Listed below are the images available for this filing. 105/13/2003 - ANN REP/LrNIFORM BUS REP 103/19/2002 - Domestic Profit ii THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT A~.N~ A ITEM FEB 1 0 200~ .../cordet.exe?al =DETFIL&nl =P02000030047&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2= 8/14/2003 Details Page 1 of 1 Folio No. Jl 00155960008 Current Ownership Property Addres$~ 13635 VANDERBILT DR Owner Name~ WIGGINS PASS MARINA CO INC AddressesI 1020 CROSSPOINTE DR STE 106 c,~l NAPLES II State~ FL I zip~ .11o-o918 I Legal~ 17 48 25 SEll4 OF SE114 OF NEll4, LESS R/W Section I Tow~hi, I ,a.g. ~ ^=.. ! Mep,o. 17 I 48 II 28 I lO.O3 II 3^17 I su=.o. I lOOII I ~UaeCo~e ~ 20 IMPROVED COMMERCIAL Millage Area II Strap NO. I 11482517 002.0003A17I II Millage 1 .2998 2003 Preliminary Tax Roll Values (Subject to change) . I Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $ 8,520,818.00 $1,330,914.00 $ 9,851,732.00 $ o.oo. $ 9,851,732.00 $ 0.00 $ 9,851,732.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History I Date [ Book-Page II Amount I 02/1994 ~ 1914- 802 fl $ 0.00 1081 1993 ~ 1856- 2236 ~[ $ 2,000.00 The Information is Updated Weekly. http://www.collierappraiser, com/RecordDetail.asp?FoliolD--O000000155960008 FEB 1 0 200~ 8/i q/2603 ~,roject #20029'/0024 Date: !0/3/02 Fred P, cischl APPLICATION FOR PUBLIC ]tEARING FOR: PUD REZONE Petition No.: Date Received: Planner Assigned: Commission District: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): EcoVenture Wig~ns Pass, Ltd. Applicant's Mailing Address: 601 Ba~shore Boulevard, Suite 960 City:. Tampa State: FL Applicant's Telephone #: (813) 251-4868 Ext. 302 Zip: 33606 Fax #: (813) 254-5629 Applicant's E-Mail Address: ero _(-~,ecogroupinc.com Name of Agent #1: Robert J. Mulhere, AICP Firm: RWA Consulting, Inc.. Agent's Mailing Address: 3050 North Horseshoe Drive, Suite 270 City: Naples State: FL Zip: 34104 Agent's Telephone #: (239) 649-1509 Fax #: (239) 649-7056 Agent's E-Mail Address: r~m(-C_,consult-rwa, com Name of Agent #2: Richard D. Yovanovich, .Esquire Firm: Goodlette, Coleman & Johnson, Agent's Mailing Address: 4001 Tamiami Trail North, Suite 300 City: Naples Agent's Telephone #: Agent's E-Mail Address: State: FL Zip: 34103 (239) 435-3535 ext 256 Fax #: (239) 435-1218 ryovanovich(-C_,~cilaw.com 9/23/2002APPLICATION FOR PUBLIC 1tEARING FOR PUD RE-ZONE FEB 1 0 200q COLLIER COUNTY COI~M-LrNiTY DEVELOPMENT PLANNING SERVICES/CURRE~ PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets ffnecessary) Name of Homeowner Association: Not Applicable Mailing Address Name of Master Association: City State Pelican Isle Yacht Club Master Association C/o Warner Corporation Mailing Address 886 110th Avenue North, Suite 7 City Naples Name of Civic Association: North Bay Civic Association Mailing Address: P.O. Box 770273 City:. Naples State FL Zip 34108 State: FL Zip: 34107-0273 Name of Civic Association: Property Owners Association of North Naples Mailing Address: 141 West Avenue City:. Naples State: FL Zip: 34108 Name of Civic Association: Vanderbilt Beach and Bay Association Mailing Address: 9326 Gulfshore Drive Citsc. Naples State: FL Zip: 34108 Name of Civic Association: Vanderbilt Beach Property Owners Association City: Naples State: FL Zip: 34108 Mailing Address: 450 Tradewinds Ave, Name of Civic Association: Mailing Address: City:~ State:~ Zip: 9f23/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE AC_,r_~OA rrf~ XU FEB 1 0 200 Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock Owned by each. WigQns Pass Marina Co., Inc. is owned 100% by: Tree Plateau Co., Inc., a Delaware Corporation 1020 Crosspointe Drive, Suite 106, Naples, FL 34110-0918. Name and Address, and Office Tree Plateau Co., Inc Percentage of Stock 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership 9/7.3/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE FEB I 0 200z If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Contract Purchaser ECoVcntUr¢ Wig~ns Pass, Ltd. 601 Bayshore Boulevard, Suitc 960 Tampa, FL 33606 Name(s) of Contract Purchaser Corporate Officers & Stock Holders General Parmers Edward R. Oelschlaeger Percentage of Ownership 1.00 % 51.11% Lhada A. Oekschlaeger 31.66 %. Christopher E. Oelschlaeger 16.23% Total 100% Date of Contract: 02/26/2002 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address go Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated'closing date ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. ~9/23/2002APPLICATION FOR PUBLIC IlEAl:tiNG FOR PUD RE-ZONE No.'f FEB 1 0 200/f o o Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 17 . Township: 48 Range: 25 Lot: N/A Block: N/A Subdivision: N/A Plat Book: N/A Page #: N/A Property Folio I.D.#: 00155960008 Metes & Bounds Description: See Attachment Exhibit '~B" Size of orooertv: +/- 660 ft. X +/- 700 ff. = Total Sq. Ft. +/- 460000 Acres 10.45 Address/general location of subiect property.: 13635 Vanderbilt Drive The subject property is located on Vanderbilt Drive, at the western terminus of Wiggins Pass ROad.. Adjacent zoning and land use: Zoning N - PUD S - RT (11) S-P E - PUD W - PUD Land use Cocohatchee Bay PUD (Residential Multi-family PUD) Pelican Isle Yacht Club (Marina/Club & High-Rise Condo) Cocohatchee River County Park Cocohatchee Bay PUD (Golf Course Area) Cocohatchee Bay PUD (Residential Multi-family PUD) Does the owner of the subject property own property contiguous to the subject prOperty? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A. Some of the corporate officers/owners of EcoVenture Wiggins Pass, Ltd. are also Officers/Owners of Pelican Isle Yacht Club. However, these are different corporations, which are neither subsidiaries nor related. 9/23/'2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE FEB I 0 2006 Rezone Request: This application is requesting a rezone from the C-4 zoning district(s) to the PUD zoning district(s). Present Use of the Property:. The existing zoning is C-4. The existing uses on the property. are as follows: three boat barns with +/- 410 to 450 dry. slip boat storage spaces~ a ship's store and office for operations/management~ a covered pavilion~ and a service buildine for repairs and maintenance. Proposed Use (or range of uses) of the property. The .proposal is to rezone the subiect property, to a Planned Unit Development (PUD) allowing for: 158 dwelling units in two high-rise residential towers with 20 floors of residential-units~ one floor of amenities and one floor of parking; and a marina basin containing 44 wet slips. The existing fuel facilities and fuel docks will be upgraded and will remain available for use by the public boating communiW. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier CounW Land Development Code, staff's analysis and recommendation to the Planning Commission, and the planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Prov/de a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Proiect Narrative: The proposal is to rezone the subject property to a Planned Unit Development (PUD) allowing for: 158 dwelling units in two high-rise residential towers with 20floors of residential units, one floor of amenities and one floor of parking; and a marina basin containing 44 wet slips. The existing fuel facilities and fuel docks will be upgraded and will remain available for use by the public boating community. The existing zoning is C-4. The existing uses on the property are as follows: three boat barns with +/- 410 to 450 dry slip boat storage spaces; a ship's store and office for operations/management; a covered pavilion and a service building for repairs and maintenance. Standard Rezone Considerations (LDC Section 2. Z2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and.future land use map and the elements of the growth management plan. The requested use is fully consistent with the goals, objectives and polices (GOPS) and the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) of the GroWth Management Plan (GMP). 9/23f2002APPLICATION FOR PUBLIC i:~F. ARING FOR PUD R.E-ZONE FLUE & FLU-M: The property is zoned C-4 and developed with a commercial use. Moreover, the property may, in the future, be converted, and administratively approved, to any use permitted in the C-4 district, including a hotel (to 75 feet in height) restaurants, retail shops, and offices, either in conjuncti tn with independent from a marina operation. AC~OA FEI 1 0 200 This zoning is 'in place although the property is not consistent with the location provisions for commercial uses set forth in the FLUE. The property was determined to be "vested" Improved Property under the Provisions of the Zoning Reevaluation Ordinance after the adoption of the 1989 GMP. The subject property is designated "Urban" on the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE). The property falls within the Urban Residential Subdistrict. The Density Rating system set forth in the FLUE allows for a conversion from existing zoned commercial to residential at a density of up to sixteen (16) units per acre for property that, as indicted above, is vested for commercial uses but does not comply with the location criteria for commercial uses set forth in the FLUE (Conversion of Commercial Zoning Policy). Transportation: The project is consistent with the GOPS set forth in the Transportation Element The trips generated by the proposed project will be consistent with the trips generated from the current commercial uses on the property and significantly lower than the trips that would be generated from a reasonable conversion of the use to other uses permitted within the C-4 District The traffic generated by the proposed use will not cause the levels of service on the adjacent Vanderbilt Drive and nearby Wiggins Pass Road to become deficient Please refer to the Traffic Impact Statement and Analysis prepared by David Plummer & Associates. Potable Water and Sanitary Sewer Sub-Elements: The Project will be served by Collier County Utilities and will be designed in accordance with County and State requirements. The project is consistent with all provisions of the above Sub- Elements. Recreation & Open Space: During the Pre, submittal public meeting, as a result of concerns over the loss of the dry-storage boat slips, Objective 1.3. Policy 1.3.2 was cited as favoring the retention of the existing use. Objective 1.3 'States: Continue to ensure that all public developed recreational facilities, open space, beaches, shorelines and public water bodies are accessible to the general publia Policy 1.3.2 reads: Continue to ensure that access to beaches, shores and waterways remain available to the public and develop a program to [increase] the availability of such access and a method to fund its acquisition. 9f23f2002APPLICATION FOR PUBLIC HEARIIqG FOR PUD RF_-ZONE With respect to the above Objective and Policy, the first question is, what is meant by "public developed?" The existing Wiggins Pass Marina property is privately owned and was privately developed. The property became available for purchase and, under certain conditions, could have been acquired by the County or some other public entity. This is really more a question of free market enterprise. Given the market value of this land, it is extremely unlikely that any buyer will acquire the parcel and continue the dry storage marina operations long term. Under the existing zoning, given the waterfront location, the most likely use that will :'~a~a~o~_~a property is a combination of hotel, restaurants, marina, retail and offi :e. ~.is "by- FEB 1'0 200 right" scenario will have significantly greater impacts in terms of traffic, noise, and utilization than would the proposed residential development. If, in accordance with Objective 1.3 and Policy 1.3.2, increased public access to the water for boaters is to occur in some manner other than by the free market system, it will be necessary for the local, state or federal government to acquire upland parcels on the water to provide increased access. · Objective 1.4 reads: Continue formal mechanism to improve and Coordinate efforts among .levels of government and the private sector in order to provide recreational opportunities. policy 1.4.1 reads: Maintain .and improve the existing system, which encourages developers to provide recreation sites and/or facilities, which are consistent with park and recreation guidelines. The applicant has met with Collier County public Services and Parks and Recreation senior management to 'explore opportunities to potentially co-utilize portions of the subject site immediately adjacent to the Cocohatchee River Park in order to enhance recreational boating opportunities at the park. Additional meetings are anticipated. 2. The existing land use pattern. The land uses within this area and on the adjacent lands are similar and compatible · to the uses that are proposed within this PUD, and the area is generally developed with waterfront high-rise multi-family structures. A number of additional high-rise multi-family structures have been approved and will soon be developed on the adjacent Cocohatchee Bay PUD, a golf course will occupy lands directly east of the subject property, and the County Park occupies lands to the south. o The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject property is immediately adjacent to and compatible with the Cocohatchee Bay PUD zoning to the north, west and east across Vanderbilt Drive. This PUD allows -high-rise residential development adjacent to the subject property and'golf course development to the east across Vanderbilt Drive. The County Park and the Pelican Isle Yacht Club Marina and Residential Towers are located to the south of the subject property. It is obvious that the requested PUD zoning to allow for residential high-rise and marina development does not resuR in an isolated zoning district which is unrelated to adjacent and nearby districts. This cannot be considered 'strip zoning." 4. ~. ether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The existing district boundaries are not illogically drawn. The proposed rezone encompasses the entire parcel that is currently zoned C-4. 9~e23/2002APPLICATION ]?OR PUBLIC HEARING FOR PUD RE'TeONE FEB 1 0 200 , pg. '~,'~. o Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Changing conditions drive this rezone request. This is a parcel that has been placed on the market It will be redeveloped in one form or another. The applicant, the contract purchaser, wishes to develop the site with a use that is fully consistent with the County's Comprehensive plan (as opposed to the existing and potential commercial use of the property which is not compliant with the locational criteria for commercial uses set forth in the FLUE). While the property can certainly be re- developed with commercial uses Permitted under the C-4 zoning district, the proposed residential use is far more compatible with the surrounding land uses (which are also predominantly high-rise residential) and will result in significantly lower traffic impact on the adjacent and nearby road system. 6. Whether the proposed change .wiIl adversely influence living conditions in the neighborhood. As stated throughout this narrative in response to many of the criteria established for consideration of a rezone application, given the surrounding land uses and prevailing development pattern, the proposed 158 unit two building high-rise development with a 44 slip marina will not adversely impact or influence living conditionings in the area. Rather, when compared with other potential uses of the pi'operty permitted under the present C-4 zoning, the proposed residential development will have significantly lesser impacts, especially related to the number of vehicular trips that will be generated to and from the property. Whether the proposed change wilt create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. As stated under the response to Criteria 1 above, the project is consistent with the GQPs set. forth in the Transportation Element. The trips generated by the proposed project will be consistent with the trips generated from the current commercial uses on the property and significantly lower than the trips that would be generated from a reasonable conversion of the use to other uses permitted within the C-4 District. The traffic generated by the proposed use wffi not cause the levels of service on the adjacent Vanderbilt Drive and nearby Wiggins Pass Road to become deficient. Please refer to the Traffic Impact Statement and Analysis prepared by David Plummer & Associates for specific projections, including those related to peak hour traffic volumes. Both Vanderbilt Drive and Wiggins Pass Road presently operate at an acceptable Level of Services (LOS) and will continue to oPerate at an acceptable LOS throughout and after the project development. The current Collier County Annual Update and Inventory Report (AUIR) indicates that Vanderbilt Drive operates at LOS "B' and Wiggins Pass Operates at LOS "C." 9f23f2002APPLICATION FOR PUBLIC HEAR~G FOR PUD RE-ZONE FEB 1 0 200 8. Whether the proposed change will create a drainage problem. The project will be designed in full compliance with South Florida Water Management District requirements and will not create drainage problems. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed residential towers have been located on the site so as to minimize any potential .light blockage on adjacent and nearby residential uses. As to air flow, these buildings will meet or exceed required separation and setbacks in order to ensure that there is sufficient opportunity for air to move around and between these proposed structures. There are numerous high-rise buildings approved and constructed in this area that have been developed in such a manner so as to ensure air flow and minimize light or sun blockage. Since these high-rise structures are very desirable as places to live indicates that these efforts have been very successful. 10. Whether the proposed change will seriously affect property values in the adjacent area. The proposed development will not have the affect of reducing property values and, ff the impacts of other similar projects on adjacent and nearby property values is any indication, the project will enhance property values in the area. 11. Whether the proposed change will be a deterrent to the improvement'or development of adjacent property in accordance with existing regulations. The proposed rezone and development will in no way be a deterrent to the development on or improvement of adjacent property. The adjacent property has, for the most part, either been recently granted zoning approval to develop in a manner consistent with what is proposed for the subject property, been developed with compatible uses, or will. be developed with a golf course (i.e., to the cas0. The basic premise underlying the zoning development standards in the Collier County Land Development Code, which the PUD document, if approved, will become a part of, is that' their application through the applicable review and approval processes gives reasonable assurance that a change in zoning will not deter improvement of adjacent property. 12. Whether the propo, sed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements, as well as G1VIP and LDC provisions, support zoning actions when they are consistent with the. applicable GOPs in the GMP. In light of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plan is further determined to be a public welfare relationship because actions consistent with the Plan are in the public interest. 9/23/2002APPLICATION FOR PUBLI~ ItEARING FOR PUD RE-ZONE FEB 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There are no substantial reasons why the property cannot be used in accordance with its present zoning. More importantly however, is whether or not development of the site is in accordance with existing zoning most appropriate and most consistent with the provisions of the Future Land Use Element of the GNIP. In this case the answer is no since the subject property does not comply with the locational requirements set forth in the FLUE for commercial development. This is why the plan allows for a conversion of such zoning to a more consistent residential use and at a bonus density of up to 16 units per acre in order to encourage such conversions. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the courtly. The request to rezone this property to a residential and marina use is not out of scale with the neighborhood. The building heights and density requested are consistent with the height and density permitted on adjacent and nearby properties. With the project's water frontage, the water-dependent marina use is favored by the Comprehensive Plan 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There are few available sites with water frontage that are zoned to accommodate the proposed development. Given the advent of the State's growth management legislation and the County's Adoption of.the GMP consistent with that legislation, these criteria are no longer a viable determining factor when evaluating the appropriateness of a rezoning decision. This is because land that falls within the Urban Designation and which is otherwise consistent with applicable provisions of the GMP is intended to be developed to allow for such consistent uses and may be rezoned to accomplish this. 16. The physical characteristics of the property and the de~ree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining development plan approvals that will further define the PUD. Obviously, to accommodate the boat slips, a portion of the upland area will need to be excavated to create the marina basin. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of serVice adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. ff], as amended. The County's Capital Improvement Element of the Growth Manage~ well as the provisions set forth in LDC (Adequate Public Facilities 9f23f2002APPLIC~TIQN FOR PUBLIC HEARING FOR PUD RE-ZOnE address the adequacy of public services and levels of service needed to be consistent with the Growth Management Plan relationships. The proposed project is consistent with these prOvisions. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined. PUD Re:$one Considerations (LD C Section 2. 7.3.2. 5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed PUD's consistency with the locational criteria set forth on the FLUE and supporting Future Land Use Map, of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document, provides assurance that all infrastructure will be developed consistent with County and/or State regulations. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall .be made only after consultation with the county attorney. The documents submitted with this Petition ApPlication provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. o Conformity of the proposed PUD with the goals, objectives and policies of 'the growth management plan. Please refer to the Statement of Compliance located in the PUD Document, as well as the in depth response Provided above under Standard Rezone Considerations (LDC Section 2.7.2.5) response # 1. The internal and external compatitility of proposed uses, which conditions may include restrictions, on location of improvements, restrictions on design, and buffering and screening requirements. 9/23/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-Z;ONE The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space and separation (e.g., setbacks). Additionally, compatibility is addressed above under Standard . Rezone Considerations (LDC Section 2.7.2.5) responses # 2, 3, 4, 6, 7, 8, 9, 10, 11, al~t~ I~_M L~ FEB 1'0 200 Additionally, external relationships are regulated by the Land Development Code to ensure harmonious relationships between adjacent and nearby projects. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds the requirements of the LDC. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting of the proposed development must coincide with the programming of any County. proposed capital improvements in order to meet concurrency requirements. The project's traffic impacts will not impact the LOS on adjacent roads to the degree that such roads will fall below adopted levels of service. Adequate public facilities, including utilities such as potable water and sanitary sewer, are available to serve the project concurrent with the projected development timing. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Keeping in mind that this project proposes the redevelopment of an existing developed site, this criterion is not of substantial significance. Nevertheless, ability, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructures are available, or will be in place by the time permitting of the proposed improvements is complete. Conformity with PUD reg'ularions, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to Hteral application of such regulations. The development standards in the proposed PUD document are similar to those standards used for the residential structures, recreational facilities, and related improvements when compared to County regulations. 9/23/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-Z,0NE Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. AGENDA ITE~ FEB 1'0 200 Previous land use petitions on the subiect orooerty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? There have been no Public Hearings on this property in the past year. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8~" x 11" copy of site plan], drawn to a maximum scale of 1 inch .equals 400 feet, depicting the following [Additional copies of the. plan may be:' requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Council (EAC), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on Site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the 'disabled], required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utihty services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Enviromental Impact Statement lEIS), as required by Section 3:8. of the Land Development Code (I_,DC), or a request for waiver if appropriate. a calculation and location(s) of the required portion of native vegel preserved (per LDC Section 3.9.5.5.4.). 9F23F2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE Whether or not an ELS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, b~, area, and ~tion FEB 1 0 2006 f. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during, the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. 9/23f2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE AGF. N~A IT~ 1 0 200 "~ AFFIDAVIT owners~*ract p~rchasers)'of the pttoperty described herein and which is the subject matter of the propose hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this appIicatl'on is deemed complete, and all required information has been submitted As property owner IFe/I further authorize Robert J. Mulhere, AJCP, RVZA Consultants Inc. and Richard D. Yovanovich~ Esquire, Goodlette, Coleman & Johnsor~ PA to act as our/my representative in any matters regarding this Petition. ~er Signature: Property Owner/Contract Purchaser Type/Printed Name of Owner C~tract Purchaser Typed/Printed Name of Owner~Contract Purchaser · The foregoing instrument was acknowledged before me this ,ff day of ~d~t~qt~5/- ~t~,qgb ~. D~t.~_~14t~g:~gwho iS~rsonally known to m~or has produced ~' as identification~ ,20Od-- , by State of FIorida County of -C-at~r I-Itt. L a~et~auc_.~4 (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Pubitc) FEB 1 0 2004 STATEMENT OF UTll,ITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: EcoVenture Wig,m.'ns Pass, Ltd. MAll.lNG ADDRESS: 601 Bayshore Boulevard, Suite 960 cITY: Tampa STATE: Florida ZIP: ADDRESS OF SUBJECT PROPERTY: LEGAL DESCRIP~ON: Section: 17 Township: 48 Range: 25 Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A. Property I.D.#: 00155960008 Metes & Bounds Description: See Attachment, Exhibit "A". 33606 13635 Vanderbilt Drive, Naples, Florida TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILFrY SYSTEM b.. CITY UTILITY SYSTEM ~. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 363 (158 units x 2.3 residents per unit) PEAK AND AVERAGE DAII.Y DEMANDS: A. WATER-PEAK: 68.58 GPM AVERAGE DAli.y: 39,500 GPD B. SEWER-PEAK: 54.86 GPM AVERAGE DAILY: 79~000 GPD ~}r23t2002APPLICATION VOR PUBLIC HEARIN~ FOR PUD RE-ZONE FEB 1 0 200 10. 11. 12. IF PROPOSING TO BE 'CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: February 2004. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional en~Beero COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system· written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage conecfion facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTI:IIg~R PRQV!DERS: Unless waived or otherwise provided for. at the pre-application meeting, if the project is to receive seWer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10117/97 9/23/2002APPLICATION FOR PUBLIC HlgARING FOR PIi/D RE-ZONE AOENDA I'I'E~V FEB 1 0 200q PUD REZONE APPLICATION SUBMITTAL CHECKLIST Tills COlVlPLETED CHECKLIST IS TO. BE SUBMrrrED WITH APPLICATION PACKET! - REQUIREMENTS # copras m Qma D -1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* .X Partners if a Corporation ~3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. Conceptual Site Plans 20* X Request 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed. Utility Provisions Statement (with required 4 X attachments and sketches) .: 9. Traffic Impact Statement- (TIS) 4 . X 10. Historical & Archaeolo~cal~ e ....... ~,, va or Waiver 4 X .. Application 11. Copies of State and/or Federal Permi~ 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X (if We have submit) 13. Pre-Application Fee, Application Fee and Data - X Conversion Fee Check shall be made payable to Collier County Board of Commissioners. 14. An electronic version of the PUD on a disk as part of X the Submittal packet. 15. PUBLIC PARTICIPATION MEETING: X APPLICATION SUBMITTAL: Copy of,affidavit attesting that ail property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 X including all Appendices and Exhibits. 17. OTHER REQUIREMENTS: N/A * Document~ required for Long-Range Plam~g Review *1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on thi~ checklist is included ia this submittal package. I understand that failure to include alt necessary submittal information may result ia the delay of processing this petition. ~/19~002A.PPLICATION FOR PUBLIC HEg.RING FOR PUD RE-ZONE FE[ 1 0 ..,mr. 03/19/03 15:11 ~'8132545629 ~002 9. 27'02 15:~07BT, 15:29/N0. ~8~54162 P 3 ~ zr'u~ 8:4~ No.OO~ P.02 amd ~ ~ ~cuhdy ~escrlbed on ~- - P ,b ~spns ~ ]~m. which i., FURTHF. R AFFIANT gA~ NOT. STAT~ OF FLOP, IDA COUNTY OF COLT_Tk-~ r£B ~ 0 200~ AFFIDAVIT owners~ract p~rc?~-ers~of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this applicat~'on, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief, lVe/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah not be alterec~ Public hearings will not be advertised until this application is deemed complete, and all required information has been submitte& As property owner We~I further authorize Robert J. Mulhere, AICP, RWA Consultants Inc. and Richard D. Yovanovich, Esquire, Goodlette, Coleman & Johnson, PA to act as our/my representative in any matters regarding this Petition. ~ urchaser ~ignature: Signature: Property Owner/Contract Purchaser Type/ Printed Name of Owner Cd'tract Purchaser Typed/Printed Name of Owner~Contract Purchaser The foregoing instrument was acknowledged before me this .~C day of ~4f~g t~5 /- ~t~Agl> ~.. tg~'t_~w_~t.~_F~gwho is~rSonally known to me, or hasproduced '/ State of Florida County of -C--oti~r /¥t t. t. ~t~t~t~u~t4 ,200d-- as identification. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) AGENDA 17 FEB 1 0 200 August 2, 2002 RWA, Inc 3050 North Horseshoe Dr., Suite 2?0 Naples, Florida 34104 Pleas~ be advised that authorization is hereby given to the firm of RWA, Inc., to act as agent in all actions relating to the pm-mitring ora r~sid~atial land use on the following descn~oed lands: A PARCEL OF LAND IN SECHON 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 0(F26'00' E 30.00' TO THE NORTHEAST CORNER OF CONICLIN POINT, A SUBDMSION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RF.~ORDS, COLLIEK COUN'I~, FLOR.IDA; THENC~ ALONG THE NORTH LINE OF SAID CONK.LIN POINT S $9~16'10'' W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 0(F26'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ N 89°1~'10'' E 530.00 FEET TO THE POI2~T OF BEGINNING. ALSO WITH THE SE % OF THE SE ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIJ)A- LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO TH~ STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING'MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE ¼ OF THE SE ¼ OF THE NE ¼, THENCE S 00~27'30'' E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCLK.AR CURVE CONCAVED TO TH~ WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 'P17'35' A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; TH]gNCE N 7M5'05' W 150.41 TO THE POINT OF CURVATURE OF A CIR~ CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE ¼ OF SE ¼ OF NE ¼; THENCE N 89~03' 18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS w/~dO¢lschla~g~T EcoVenmre W~ggins Pass, Lt& STATE OF FLORIDA COUNU~ OF COtL~ ll~Ibb$ The was acknowledged before me this _~ day of ~llfiet~ a ~' did not take an oath. ,2002, by Edward Oelschlaeger, NOTARY PUBLIC NOTARY PUBLIC Commissiou Number: W'rmess my hand and seal this. dar of MY COIvlMI~ # DD 124813 F--~RES: ,Jw'm 11, 2006 ,2002. AGENOA ITEK FE9 1 0 200 The undersigned l~eby executes and swears to this Certificate oT.~t~te~ildieO~ for W the purpose of forming a limited partnership under the Laws of the State of Floridic 1. Name of Parmership. The name of the Partnership sh~l! be ECOVENTURE WIGGINS PASS, LTl). 2. Address of Recordkeeping Office; Agent for Service of Process. The records to be ' kept pursumX to F/or/da ~atut~ Section 620.106 shall be located at 601 Bayshore Boulevsrd, S~fite 960, Tampa, Florida 3360~, mxl the name. of the Partnaxhip's agent for service of 3. Nme'and Business Address of the General Partner. The mttt~ and address of the Getm~ Partt~ are as follows: Name -' Address ECOVENTURE WIGGINS PASS, INC.,'a Florida corporation · 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 4. M.illng Address for-the l.im~ted Partnership. The mailing address for the Limked Partnersh'.m shall be 601 Baysh°re Boulevard, Suite' 960, Tampa, Florida. 33606. 5. Term. The term for which the Parmership is to exist sl~ll be fit~ (50) years from the filing of this Certificate in the Office of the Secretm3r of State of the State of Florida, unless sooner terminated in accordance with a Limited Partnership. Agreement for ECOVENTURE WIGGINS PASS, LTD. 'day of March, 2002. covammmm p ss, mc.,. Flo~ Edward PL OeRchlaeger, President ACCFA'TANCE BY REGiSTERED AGENT Having been named Registered Agent and designated to accept ~ of process:for the within-named Limited Parmership, at the' place d~signated herein, I hereby agr~ to act in this capacity, and I ~ agree to cor?ly with theall~pwvisions of all relative to the proper and complete performance of my duties. AGENOA FEB 1 0 200ti AFFIDAYIT OF CAPITAL CONTRIB~ONS OF F.~O~ WI~INS PASS, LTD. WIGGINS PASS, LTD. a Florida braked parmersh/p (the -r~mp-), who. upon oe ~ 1. The limited parme~ have co~ $~).00 of capitol to the Partners.. DATED thi~ .. day of March, 2002. FUR~ AFFIANT SAYETH NOT. Und~ ~es of perjury, the und~ declares that he bas read th~ for~olng and that the facts alleged are true, to the best ofhis knowledge and.belief. · GENERAL PARTNER: ECOVEN'rUP~ WICKHNS PASS, INC. STATE OF FLORIDA COUNTY OF HU.LSBOROUGH ' day of March, 2002, - as 'iclentifi~afion- -.' -'" AGENDA ITEM FEB I 0 200~ ~5.23~10.1 LIMITED PARTNERS~ FOR ECOVENTURE WIGGINS PASS, LTD. THIS AGREEMENT OF LIMITED PARTNERSHIP (the "Agreement") is made and entered into effective as of the 19th day of March, 2002, by and among ECOVENTURE WIGGINS PASS, INC., a Florida corporation (the "General Partner''), and EDWARD tL OELSCHLAEGER, LINDA A. OELSCHI.AEGER and CHRISTOPHER E. OELSCHI.AEGER (individually referred to as a "Limited "Partner" and collectively referred to as the ''Limited Partners"), with the Limited Partners and the General Partner being collectively referred to as the "Partners." WITNESSETH: WHEREAS, the Partners desire to form a limited partnership (the "Parmership") pursuant to the provisions of Chapter 620, F/or/da Statutes; NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Partners, intending to be legally bound, hereby agree as follows: 1. Name of the Partnership. ECOVENTURE WIGGINS PASS, LTD. The name of the Partnership shall be 2. Character of the Business. The character of the business to be conducted by the Partnership'is to acquire certain real property located in Collier County, Florida· legally described on Exhibit "A" hereto (the '`pwpert)a') for the purpose of developing a condominium project thereon; to hold the Property for investment; to sell or otherwise dispose of, to encumber and otherwise to deal with all or any paqt. of the Property;, and to do any and all other acts and things that may be necessary, incidental or convenient to carry on the Parmership business, as the General Partner may determine from time to time. 3. Location of the Principal Place of Business. The principal place of business of the Partnership shall be located at 601 Bayshore Boulevard, Suite 960, Tampa, Florida 33606, or at ~uch other place as the General Partner may determine from time to time. The foregoing address shall also be the address of the office of the Partnership and the mailing address of the Partnership. · 4. Name and Business Address of Each Parmer. (a) The name and business address of the General Partner is as follows: Ecoventure Wiggins Pass, Inc. 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 AGEI~A I~ FEB 1 0 200 The names and businesses address of the Limited Partners are as follows: Edward tL Oelschlaeger 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 Linda A, Oelsehlaeger 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 Christopher E. Oelse. hlaeger ,- 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 5. Term. The term for which the Partnership is to exist shall be fifty (50) years from the date of filing of the Certificate of Limited Partnership in the Office of the Secretary of State of the State of Florida, unless sooner terminated by the agreement in writing of the Partners or by operation of law. 6. Contributions of the Partners. The Parmers shall contribute cash to the capital of the Partnership as follows: General Partner: $ 1.00 Limited Partners: Edward tL Oelschlaeger Linda A, Oelschlaeger Christopher E. Oelschlaeger Total Limited Partners: $51.11 $31.66 $16.2~. $99.OO The Partners shall have no responsibility or liability for making additional eonm~butions to the capital of the Partnership. 7. Distributions; Profits and Losses. , (a) Distributions of cash to the Part~e~ may be made from time to time at the sole discretion of the General Partner. All such distributions shall be subject to maintaining the Partnership in a sound financial and cash position, including the establishment of reserves reasonably required in the judgment of the General Partner for the proper operation of the business of the Partnership. Such cash distributions (whether from the sale or o' her ~~.~ disposition of the Property, from refinancings or otherwise) shall be made in the fol 005.238010.1 2 °wi~. order ~ FEB 1 0 200 of priority: (1) first, to repay outstanding advances (including interest thereon), if any, made by a Partner, (2) second, to return to the Partners (in proportion to their capital contffi~utions) the amount of their capital contn'butions [reduced by any prior distributions under this subparagraph 7(a)(2)]; and (3) third, to pay the balance to the Partners in proportion to their capital accounts. Any' cash or property available for distn~oution upon the liquidation of the Partnership (after payment or making provision for all liabilities of the Partnership) shall be clistnq~Uted to the Partners in the same order of priority as set forth above for interim distributions of cash. (b) The Partners shall be allocated profits and losses of the Partnership in proportion to their capital contributions. 8. Power and Authority. The General Partner shall have the full and exclusive right and power to manage and operate the Partnership and to do all things necessat~ to carry on the. operations .of the:partnership for the purposes, described above, in. eluding but not limited to the power'to borrow money on behalf of the PartnershiP and to grant mortgages on' the Prope~ to secure such loans. 9. Indemnification of the General Partner. The Partnership shall indemnify and save harmless the General Partner from any loss or damage incurred by the General Partner by reason of any act or omission performed or omitted by the General Partner for and on behalf of the Partnership and in furtherance of its interest This paragraph 9 shall not relieve the General Partner of liability for gross negligence, fraud or bad faith. 10. Limited Partners. The Limited Partners shall have no right to take part in the conduct or control of the Partnership's activities or have any right or authority to act on behalf of the Parmership. 11. Additional Limited Partners. There is no right to admit additional Limited Partners without amendment of this Agreement. 12. No Right of the General Partner to Retire; Continuation of Business of the Partnership. The Gcno~ Partner shall have no right to retire from the Partnership unless the General Partner finds a person willing to accept the responsibility of the management and control of the Partnership as a substitute General Partner and unless the Limited Partners unanimously consent to such substitute General Partner. In the event Of the retirement, death, incompetency, liquidation or bankruptcy of the General Partner, the Partnership shall be dissolved and the Parmership business shall not continue unless within sixty (60) days after such retirement, death, insanity, liquidation or bankruptcy, as the ease may be, the Limited Partners unanimously agree to the continuation of the business of the Partnership upon terms satisfactory to the former General Partner and to the Limited Partners. 13. Limitations on Transfer. The Limited Partners may not sell, assign or otherwise transfer at any time any of their interests in the Partnership without the prior written consent of the General Partner, which consent may be withheld in the General Partner's absolute discretion. 14. Agent for Service of Process. process on the Partnership are as follows: 005.238010.1 The name and address of the agent AGENOA ITEM FEB 1 0 200q Edward 1L Oelsehlaeger 601 Baysh0re Boulevard Suite 960 Tampa, Florida 33606 15. Counterparts. This Agreement may be executed in one or more counterpm'ts and each of such counterpa~ shall, for all purpose~, be de~med to be an original, but all of such counterparts shall constitute one and the same insmm~ent. DATED effective this 19e" day 0fMarck, 2002. GENERAL PARTNER: ECO .VENTLIRE.. WIGGINS PASS, IHC., - Edward IL Oelschlaeger ~in~la 3. Oelschlaeger 005,238010.1 4 AGENDA I'~ FEB 1 0 200 Edward R. Oelschlaeger 601 Bayshore Boulevard Suite 960 Tampa, Florida 33606 15. Counterparts. This Agreement may be ex~cuted in one or more counterparts and each of such counterparts shall, for all purposes, be deemed to be an original, but all of such counterparts shall constitute one and the same instrument. DATED effective this 19m day of March, 2002. GENERAL PARTNER: BCOVENTURB~~S PASS, INC., - By:. - Fxtward K.~ Pre~id~t Oelschlaeger, Lffa A. Oelschlaegcr '005.238010.1 4 FEE) I Application for Employer Identification Number Fo~n SS'4 ~ ,,~.~ h~ ~:4overs, corporations, par'Mershlps, ~, ~, ~, ~ ,or indhldual) for whom the EIN Is being requested ¶ ~ ~ ULX t ~ ~'r~ name o~ business ('~ diffemnt from name on line l ) ;~ F_xecutor,~'~~ City, state and ZIP code ~b City, sta~ and ZIP code for .pplyJng (check ordy one box) Rc~l F.,ststc [] ltred emplo~ (Chec~ ~'e b°x and see nne lZ) ~ (mon~ c~ year) [~] Estm (SSN o~ ~k~t) Trust (SSN o~ grantor) Gmu~ Exemption Numbs' (GEN) · 12 13 14 18a HastheaPPf~mteverapplle~f°renempl°l~'ider~'f~gionnumb~f°~this0ren~°th~business? .............................. [] Yes December 3/19/02 ---------- ennuflles were paid or will be paid (monlh, day, year). Note: # appScant is a wff, hholdin~ ager4, ~. .e.r date Income w~l first be paid to nonresident Rrst date wages or .......................... · a/,.. (rrna,. ~) ................... . ..................... ~ Househokt 0_Lff_~- .......... e~q:~cted in Ihs next 12 montta. Note:/f the app/'~:an~ d°es n°t ' ' expec~ to have emp/oyees · [] Heal~ care & social assistance Wholesale -agentrorol~' Check one box that best descgbes the pgncipal activitY °f ~r busjnf~s' Wholesale - oU~r [] Retail [] ~o Nots: if'yes,' p~eese 1 ~ b'~'~'-~--l~u------~ chect~d 'Y~s' on lir~ l~a, gtv~ aPPlicant% legal rem~ encl trad~ ha'ne sbew~ on Ft°r ~PPlication If diff~nt lr°~ fine 1 °r 2 aix~' Trade name· Legal name · . March 19, 2002 FLORIDA DEPARTMENT OF STATE Katherine Harris Secr~ta~ of State CINDY HICKS CORPDIRECT AGENTS TALLAHASSEE, FL The Affidavit and Certificate of Limited Partnership of EcOVENTURE WIGGINS PASS, LTD. were filed on March 19, 2002 and assigned document number A02000000390. Please refer to this number whenever corresponding with this office. . The certification you requested is enclosed. A limited partnership annual report/uniform business report will be due this office between January I and May I of the year following the calendar year of the file date. A Federal Employer Identification (FEI)number will be required before this report can be filed. Please apply NOW with the Intemal Revenue Service by calling 1-800-829-3676 and requesting SS-4. . Please be aware if the limited partnership address changes, it is the responsibility of the limited partnership to no 'fify this office. Should you have any' further questions concerning this matter, please telephone (850) 245-6051, the Registration and Quali. fication Section. Buck Kohr ' TM ..... Corporate Specialist Division of Corporations Letter Number:. 502A00016539 ^~A I~ ..... FEB I 0 200~ P.., I)i,H. sion o~ Co~poratio~. - ~.0. BOX 632? -~,d]aJ~assee, Florid~ 3231~ ~bFartm~nt or' ~tat~ I certify from the records of this office that ECOVENTURE WIGGINS PASS, LTD., is a Limited Partnership Organized under the laws of the state of Florida, filed on March 19, 2002. The document number of this Limited Partnership is A02000000390. I further certify said Limited Partnership has paid all filing fees due this office through DeCember 31, 2002, and its status is active. CR2E022 (1-99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Nineteenth day of March, 2002 FEB I 0 CERTIFICATE OF ~D PARTNERSHIP OF ECOVENTURE WIGGINS PASS, LTD. the purpose of form;rig a i;mP. ed ~hip under the hws of the State of FIorida: C'~'~ ~" 1. Name of Parmership. The pnme of the Partnership shall be ECO~ WIGGINS PASS, LTD. 2. Address of Recordkeeping Office; Agent for Service of Process. Th~ r~orcts to be k~t pursuant to ~'7o:~f~ Smr~r~ $~tion 620.106 shall be locat~ at 601 Bayshore Boulevard, Suite 960, Tampa, Florida 33606, 'and the name'of the Parmership's agent for service of 3. Name and Business Address of the General Partner. The name and'address o.fthe Name Address ECOVENTURE WIGGINS PASS, INC., a Florida corporation 601 Bayshor~ Boulevard, Suite 960 Tampa, Florida 33606 4. Mailing Address for the Limited Partnership. The tr~ili%o address for the Limited Partnership shall be 601 Bayshore Boulevard, Suite 960, Tampa, Florida 33606. $. Term. The term for which the Parmership iz to exist sball be fiity (50) years fromthe ' f~llng of th;s Certificate in the Office of the Secretary of Slate of the State of Florid_-. unless sooner termimted in accordance with a LirnPted Parmership Agreement for ECOVF_aNTURE WIGGINS PASS; LTD. DATED thh ~,~t.k, day of March, 2002. ECOVENTURE PASS, INC. a Florida~ ACCEPTANCE BY REGISTERED AGENT Having been named Registered Agent and designated to accept sexwice of process for the within-named Limited Partnership, at the place designated herein, I hereby agree to act in this provisions relative to the proper capacity, and I further agree to comply w/th the _ of all ~tt~ and complete performance of my duties. ' FEB 1 0 200q AFFIDAVIT OF CAPITAL CONTI~mlYrlONS OF ECOVENTURE WIGGINS PASS, LTD. I, EDWARD R. OEi_.SCHLAEGER, being fl~e Presideui of ECOVENTURE WIGGINS PASS, INC., a Florida corporation, the sole General Parmer of ECOVEI~ITI,IRE WIGGINS pASs, LTD., a Florida limited partnc~ (the "Partnership"), who, upon being 1. Tlz ~ted ~ have contn~x~ted $99.00 of capital to the P~rs~. 2. At this time, it is anticipated that no additional contn'butiom shall be made by ~ limited partners. DATED this ~ day of March, 2002. FUKTHER AFFIANT SAYETH NOT. Under penalties of perjury, the undersigned declares that'he has re~d the foregoing and that thc fa~ alleged ar~ true, to the b~st of his knowledge and belief. GENERAL PARTNER: ECOVENTURE WIG-GINS PASS, INC., STATE OF FLORIDA COUNTY OF HTLLSBOKOUGH Th~ fo~go~.~ i~nt ~ ~:~o~ed ~fo,~ ~,~ ~5~y of~ 2~ by ~W~ ~ o~~G~ .~ ~ ~id~' of ECO~ ~GG~S ~ ~ P~ of ~e.P~, ~ ~ p~ ~fi~ co~~ ~ ~ ~~o~ 2 , FE310200~ August 2, 2002 RWA, Inc 3050 North Horseshoe Dr., Suite 270 Naple~, Florida 34104 To Whom It May Concern: Please be advised thai authorization is hereby given to the fn'm of RWA, Inc., to act as ag~t ~ ~! ~o~ ~1~ t° ~ ? residential land use on the following described lands: A PARCEL OF LAND IN SECHON 17, TOWNSHIP 48 SOUTH, RANGE Z5 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00026'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; ~CE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89°16'10, W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 0g'26'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST ~A OF SAID SECTION I7; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ N 89o16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE % OF THE SE % OF THE NE ¼ OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE ¼ OF THE SE ¼ OF THE NE %, THENCE S 00027'30" E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIU~ OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35'' A DISTANCE OF 236.77 FEET TO THE POIJqT OF TANGENCY; THENCE N 7045'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE ¼ OF SE ¼ OF NE ¼; THENCE N 89003' 18" E ALONG SAID C ONT AINING 10.45 ACRES M O RE OR LESS ~~~~ Oelschlaeger EcoVenmre Wiggins Pass, Ltd. STATE OF FLORIDA COUNTY O~ COLLX~I%/4i t.L$ (~.~ ~ 14- The forego'mR instrxmaent was acknowledged before me this _~ day of /~/,t~/X · 7 who is~rsonally known to me,~d who did not take an oath. NOTAR ~--- - :,~ ................ ' .~. DANA P HARSHANY Commission Numbm': Wire,ss my hand and seal 2O02. ,2002, by Edward Oelschlaeger, AGENDA I?& FEB 1 0 200 Copper Readings in the Cocohatchee River Basin Cocohatchee River-Palm River Estates FEB 1 0 200~ COCAT41-Cocohatchee River at intersection of US41 Date Time 7-Oct-00 11:55AM 7-Apr-01 1:00PM 1-Jul-01 12:15PM ~-Oct-01 12:35PM 24-Jan-02 12:00PM 23-Apr-02 12:20PM 18-Jul-02 12:40PM 16-Oct-O2 11:43AM 13-Jan-03 12:05PM Copper Units 5.80 ug/I 1.70 ug/I 2.30 ug/I <1.00 ug/I 2.50ug/l <1.00 ug/I 8.70u9/I 4.20 ug/! 4.60ug/I COCPALM-Coconut Palm River at intersection of Palm River Drive Date Time Copper Units 7-Oct-O0 10:55AM 52 ug/! l-Jan-01 11:50AM 3.32 ug/I 17-Apr-01 11:47AM 53 ug/I 11-Jul-01 11:00AM 2.00 ug/I 9-Oct-01 11:20AM 5.40 ug/I 24-Jan-02 10:39AM 178 ug/! 23-Apr-02 11:10AM 10.3 ug/I 18-Jul-02 11:30AM 193 ug/I 16-Oct-02. 10:30AM 9.40 ug/1 13-Jan-03 10:50AM 25.6 ug/I BC13-Downstream of weir (west of Palm River Dr.) on ImmOkatee Rd Canal Date Time Copper Units 7-Oct-00 11:10AM 5.20 ug/I l-Jan-01 12:07PM 1.87 ug/I 17-Apr-01 12:25PM 2.64 ug/I 11-Jul-01 11:30AM 1.40 ug/i ;)-Oct-01 11:45AM 16.5 ug/I 24-Jan-02 11:10AM 5.50ug/I 24-Jan-02 11:16AM 3.20ug/I 23-Apr-02 11:30AM <1.00 ug/I 18-Jul-02 11:50AM 4.90 ug/1 16-Oct-02 10:55AM 1.50 ug/I 13-Jan-03 1'1:10AM 1.60 ug/I AG~NOA ITEM FEB 1 0 2006 BC14-Upstream of weir (west of Palm River Dr.) on Immokalee Rd Canal Date Time Copper Units 17-Oct-00 11:30AM 3.20ug/I 17-Apr-01 12:40PM <1.00 ug/l il 1-Jul-01 11:45AM <1.00 ug/I 9-Oct-01 12:05PM <1.00 ug/1 24-Jan-02 11:35AM 1.60 ug/I 23-Apr-02 11:57AM <1.00 ug/I 18-Jul-02 12:15PM 4.20 ug/I 16-Oct-02 11:11AM 2.30 ug/I 13-Jan-03 11:35AM 1.40 ug/I COCEOF31-1mmokalee Rd. Canal and Eustis Ave. Date Time Copper Units 17-Oct-O0 10:30AM 2.40 ug/1 3-Jan-01 11:27AM 1.53 ug/I 17-Apr-01 11:17AM <1.00 ug/I 1-Jul-01 10:30AM 1.10ug/1 r-Oct-01 10:55AM <1.00 ug/I .)4-Jan-02 10:12AM 2.00 ug/I ).3-Apr-02 10:37AM <1.00 ug/! 18-Jul-02 10:55AM 5.70 ug/I 16-Oct-02 10:10AM 1.60 ug/! 13-Jan-03 10:30AM <1.00 ug/I A~A ITEJ~ ~ NO., ~ FEB 1 0 pg._ PUDZ-2002-AR-3158 COCONILLA PUD Background Eco Venture/Coconilla PUD has an application to rezone Wiggins Pass Marina from commercial to residential usage that would allow construction of a residential condominium project. The North Bay Civic Association objects to the rezoning based on several issues, one of which is that copper could accumulate in the associated marina basin. According to their Position Statement, there would be a loss of 400+ dry dock storage slips and the dredging and excavation of nearly 4 acres for a boat basin accommodating 52 wet slips for boats of up to 55 feet in length. The North Bay Civic Association's attorney, Ralf Brookes, has requested Collier County to consider the fact that the deeper dredged marina will attract larger vessels with deeper draft that must use anti-fouling marine paints (e.g., copper or tributyltin based paints intended to kill or inhibit natural growth of marine organisms). To illustrate this point, Mr. Brook,s states that water quality data collected at an adjacent yacht harbor basin, Conklin Point/Pelican Isle Yacht Club, showed an increase in copper that exceeded state specifications (2.9 micrograms/liter). He states that this testing was required as an original condition of approval for Conldin Point. Levels for June and July of 1997 ranged from <1.0 to 2.1 micrograms/liter. Beginning in September 1997 and running through May 1999 copper levels ranged from 2.2 to 13 micrograms/liter with the highest levels found in January 1998. An increasing trend was not evident but rather values fluctuated through the September 1997 to May 1999 period. Sources of Copper Copper is a common element of the earth's crust and is an essential micronutrient readily used by aquatic organisms (MacDonald, 1994). Major sources of anthropogenic copper include aquatic herbicides and algaecides, anti-fouling paints used on boats, corrosion of brass and copper pipes and agricultural pesticides and fungicides. Considerations The Cocohatchee River is designated as Outstanding Florida Waters (OFW) by Florida Administrative Code (FAC) 62-302. Waters receiving this designation should not be degraded and should receive the highest degree of protection. The entire basin has recently been designated by the Florida Department of Environmental Protection (FDEP) and the Environmental Protection Agency as an impaii'ed water body. Water quality data generated by the Collier County Pollution Control Department for locations upstream of the marina basin show significantly high copper levels (see attachment). These samples were collected 1 foot below the surface on a quarter y basga~,noA ~W_~ _' and measured total copper in micrograms/liter. There are violations of the State ~vate~lo. FE3 1 0 200q quality standard of 2.9 ug/l. (FAC 62-302) and the data indicate that elevated copper levels exist within_the Cocohatchee River_Basin. A study was conducted by Florida International University researchers (Gardinali et al., 2002) in which sediment samples from various estuarine locations in Collier County were examined for levels of anthropogenic contaminants. Samples collected from upstream of the marina and approximately 2500 feet downstream of the marina contained copper levels that were at a level where no adverse biological effect would be expected, i.e. below the "Threshold Effects Level"(MacDonald, 1994). Below this level a contaminant poses minimal or no risk for biological end-points. The "Threshold Effects Level" and "Probable Effects Level" are guidelines established by FDEP to be used as sediment quality guidelines. These guidelines are based on toxicity information associated with aquatic organisms. Although copper does not appear to bioaccumulate in aquatic ecosystems, it is readily used as a biocide establishing acute and chronic toxicity (MacDonald, 1994). Other sampling sites within FIU's study found elevated copper readings at stations in Vanderbi!t Lagoon, Naples Bay Channel and the Gordon River at US 41 suggesting that "areas with large concentrations of boats in permanent moorings/docking berths may require special attention with regard to future sampling. Since copper based anti-fouling paints comprise the bulk of the bottom paint market, contamination of the sediments is unlikely to decline." The authors further states, "copper should be considered a priority element in the pollution prevention and management for Collier County". Sediments collected by the Collier County Pollution Control Department approximately 160 feet from the marina in the channel in April 1993, show copper levels to be below the "Threshold Effects Level". Conclusions A continuous, historical database for the water quality of Wiggins Bay does not exist since this area has not been routinely sampled. Sediment samples collected near the Wiggins Pass Marina in 1993 and again in 2001 showed levels of copper below the "Threshold Effects Level", a guideline level established by -the FDEP. Sources of copper into the estuary could be coming from the elevated levels exhibited upstream in the basin. However, the source of elevated copper in this basin has not been determined. A "Probable Effect Level" guideline for copper in sediments has been establish FDEP. Should copper reach this level, an adverse biological effect would "usu Another potential source for increased copper loading could be from large boats utilizing I anti-fouling paint and docked in a marina. I :(:1 t:)yAC, EI',8:)A iTEI~ FEI3 1 0 200q always" result. Current levels are significantly below this level., ^ References Gardinali, P.R., Cai, Y., Jaffe, R., Boyer, J. 2002. Effect of Increased Urban and Agricultural Landuse on the Anthropogenic Loading to Southwest Florida Estuaries Seligman, P.F. and Zirino, A. 1998. Chemistry, Toxicity and Bioavailability of Copper and Its Relationship to Regulation in the Marine Environment. MacDonald, D.D. (1994). Approach to the assessment of sediment quality in Florida coastal waters: Volume 1 - Development and evaluation of the sediment quality assessment guidelines. Report prepared for Florida Department of Environmental Protection. Tallahassee, Florida. AGENI:)A ITE~ FEB 1 0 200 Exhibit "B" COCONILLA LEGAL. DESCRIPTION A PARCEL OF LAND IN SECTION 17, TOWNSH~ 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00026'00" B 30.00' TO TI-IB NORTHEAST CORNER OF CONKLIN POINT, A SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLOR/DA; THENCE ALONG THE NORTH LI1N-E OF SAID CONKLIN POINT S 89"16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00"26'00" W 30.00 FEET TO TI-IB NORTH LINE OF THE SOI/I/REAST ¼ 'OF SAID SECTION 17; //-IENCE ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ N $9"16'10" E 530.00 FEET TO TI-IE POINT OF BEGIMNING. ALSO V~ITH THE SE ¼ OF THE SE ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLI~K COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.tL BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT TIKE NE CORNER OF SAID SE ¼ OF THE SE ¼ OF THE NE ¼, THENCE S 00°27'30" E (ASSUMED BEARING) ALONG/'HE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIR~ CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG TKE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35" A DIST.MWCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO TIlE POINT OF CURVA/TJRE OF A CIKCULAK CURVE CONCAVED TO TIlE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE ¼ OF SE ¼ OF NE ¼; THENCE N 89°03'18'' E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR. LESS. AGENOA IT~ No. FE,9 1 0 200tt COCONILLA PUD COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT May 2003 Prepared For:. Eco Venture Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, ~orida 33606 (8139 251-4868 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 AC,?=.NOA ITEM FEB 1 0 200~ "77 Project No. 02ECO763 TABLE OF CONTENTS Pa~e Introduction .................................................................................................................................... 1 3.8.5.1 Applicant Information ............................................................................................... 1 3.8.5.2 Development and Site Alteration Information .......................................................... 1 3.8.5.3 Mapping and Support Graphics ................................................................................ 2 3.8.5.4 Impact Categories' . ...................................... 8 3.8.5.4.1 Bio-physical ......................................................................................... 8 3.8.5.4.2 Public Facilities and Services ............................................................. 18 3.8.6.1 Specifics to Address - General Information ............................................................. 22 References ....................................................................................................... . .............................. 24 AC~C_NDA ITEM FEB 1 0 200 , LIST OF FIGURES Figure 1. page Project Location Map ............................................................................................. 3 Figure 2. FLUCFCS and Wetlands Map ................................ , .............................................. 4 Figure 3. Soils Map ............................................................................................................... 6 Figure 4. Impact Map ........................................................................................................... 11 ii AGENDA IT~ ~ FEB 1 0 200~ LIST OF TABLES Table 1. Page Existing Land Use and Cover Summary ................................................................ 5 Table 2. Upland Acreages ................................................................................................... 14 111 FEB 1 0 200~ LIST OF EXHIBITS Exhibit A. page Resume ................................................................................................................ A- 1 Exhibit B. Affidavit of Proof of Authorized Agent ............................................................... B- 1 Exhibit C. Legal Description of Project Site ......................................................................... C-1 Exhibit D. Aerial Photograph with FLUCFCS Overlay ....................................................... D-1 Exhibit E. Topographic Map ................................................................................................. E-1 Exhibit F. Exhibit G. Site Plan with Drainage Overlay .......................................................................... F-1 Marina Management Plan ..................................................... , ............................. G-I Exhibit H. Soil Descriptions ................................................................................................. H-I Exhibit I. Bald Eagle Management Plan .............................................................................. I-1 Exhibit J. Manatee Protection Plan ...................................................................................... J- 1 Exhibit K. Correspondence from the Florida Department of State ...................................... K-1 iv FEB 1 0 200~ INTRODUCTION This report represents the Collier County Environmental Impact Statement (ELS) for the Coconilla PUD. This EIS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code (October 30, 1991, as amended October 14, 1992). 3.8.5.1 1. o APPLICANT INFORMATION Responsible owner(s) agent(s) who wrote the ElS and his/her education and job related environmental experience. Andrew Woodruff, Passarella and Associates, Inc. Consulting Ecologists. A copy of Mr. Woodmff's resume is enclosed as Exhibit A. Owner(s) agent(s) name, address. Owner: EcoVenmre Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 Agents: Robert J. Mulhere, AICP RWA, Inc. 3050 N. Horseshoe Drive Suite 270 Naples, Florida 34104 Affidavit of proof of authorized agent. Affidavit of proof of authorized agent is attached as Exhibit B. 3.8.5.2 DEVELOPMENT AND SITE ALTERATION INFORMATION 1. Description of proposed use. The project will consist of one 102-unit residential tower with 21 floors over parking and ten two-story residential villas. The development will include a marina promenade, marina storage cabanas, a ship's store, and marina parking. The project will reconfigure the existing 52 wet slips. The existing fuel facilities and fuel docks will be upgraded and will remain available for use by the public boating community. Specifically, the applicant proposes to excavate a 3.65:!: acre marina basin and establish a 1,772 linear foot vertical retaining wall for a reconfigurafion of the existing "-':- ___-_A The marina basin will be enhanced for flushing with 0.82-q: acre of ere ted [l~.angrove a~(.~ I FEB l"O 20Oq ! o wetland. In the upland portion of the site, the applicant is proposing to remove 450 dry storage slips and maintenance facilities in four buildings, fueling facilities, and a ship's store building. Upland redevelopment will include construction ofone 102-unit residential tower, staggered fi.om 15 to 21 stories, ten two-story marina villas, a marina promenade, a ship's store, a fueling facility, and parking. A stormwater management system, meeting the requirements of the State of Florida and Collier County regulations, will be installed to ensure the quality of water discharged from the site is appropriate for the receiving body. The stormwater management system will include the creation of water quality detention areas and swales that will be planted with wetland plant species to entrance the ecological and aesthetic character of the site. Additionally, the site will incorporate native vegetation where possible within the 1.82:1: acres of proposed landscaping. Legal description of site. The legal description of the project site is attached as Exhibit C. Location and address descriptior~ The Coconilla PUD is located on Vanderbilt Drive (S.R. 865-A) at the terminal point of Wiggins Pass Road in Section 17, Township 48 South, Range 25 East, Collier County. 3.8.5.3 MAPPING AND SUPPORT GRAPHICS I. General location map. A project location map is provided as Figure 1. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200)feet outside the parcel boundary. This does not mean the applicant is required to go onto adjacent properties. Habitat identification will be consistent with the Florida Department of Transportatio'n - Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200feet when available from the county, otherwise, a scale of at least one inch equal to 400feet is acceptable. Information obtained by ground-truthing surveys shah have precedence over information presented through photographic evidence Vegetation associations and land uses were delineated using 2000 rectified color aerials (1" = 200') and on-site field surveys conducted in July 2002. During the surveys, preliminary lines were drawn on the aerial delineating the different vegetation associations. These delineations were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS), Levels IH and IV (Florida Department of Transportation 1999). The FLUCFCS map, shown as Figure 2, was generated using AutoC tD (Veroion 2000). An aerial photograph with FLUCFCS mapping is enclosed as Exhibi D. ~.--1~{ FEB'I O 2006 2 N.T.S. FIGURE 1. PROJECT LOCATION MAP COCONILLA PUD R25E k~ L'"' ~5 L"'IN I Y ~ ~5 WIGGINS PASS RD. ACE NOA rr~.~ '-' FEB I O 2Or~ DRAWN BY: CC DATE:: 4/9/03 FIGURE :2. P/L'-.~ I ------~00' = I J &O0 J 5/.0 (0./.,5 Ac.+) I PIL · (10.0Z Ac.t) 180 L I ,__1 WIG(~INS PASS ROAD 81/-, / I _1 LI:'G'L"N D: SFWMD 'OTHER SURFACE wA~' ~ COE "wATERS OF THE U.S." (0.43 Ac.+) FLUCFCS AND WETLANDS COCONILLA PUD ON-SITE R.UCFCS % OF CODE DESCRIPTION ACREAGE TOTAL 184 MARINA 10.02 Ac._ 540 BAY 0.43 Ac._.+ 4.1% TOTAL 10.45 Ac.:t 100.0% OFF-SrlE FLUCFCS CODE DF~CRI PTIO~ MAP 180 RECRF~ATIONAL 400 MIXED FOREST 411 Pfl~[ FLATWOODS 540 612 ~ROVE 814 ROAD F'I.UC~CS LINES EST#aATED FROM 1'-200' AERIAL PHOTOGRAPHS ANO LOCATIONS APPROXIMATED. COVER N~IO FORMS CtASSIFICATION SYSTEM (FLUCF'CS) (FTX)T 1999). OfT-SITE FLUCFCS HAS NOT BEEN PROPERTY I DRAWING Nt DATED AUGI PASSARELLA a~d AS$O( Consulting EcOlc ST2. 20O2= summarizes the various cover types delineated on-site and their associated acreages, while a brief description of each of the FLUCFCS classifications follows. Table 1. Existing Land Use and Cover Summary 184 Marina 10.02 95.9 540 Bay 0.43 4.1 TOTAL 10.45 100.0 o Marina (FLUCFCS Code 184) This developed area occupies 10.02.q: acres or 95.9 percem of the property. This area is the site of an active commercial marina that includes dry storage facilities, maintenance and repair facilities, fueling facilities, and a ship's store. No native habitat is present. Bay (FLUCFCS Code 540) This open water, tidal habitat occupies 0.43± acre or 4.1 percent of the property. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No sea grasses were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. Topographic map showing upland, bathymetric contours and existing drainage patterns, if appliCable. A topographic map showing upland elevations, bathymetric contours, and existing drainage patterns is enclosed as Exhibit E. Existing land use of site and surrounding area. The project is the site of the existing Wiggins Pass Marina Surrounding land uses include the Cocohatchee Bay PUD to the north and west, Vanderbilt Drive to the east, and Cocohatchee River County Park to the South. Soils map at scale consistent with that used for Florida Department of Transportation - Florida Land Use Cover and Forms Classification System determinations. A soils map for the property is provided as Figure 3. Proposed drainage plan indicating basic flow patterns, outfall and off-site drt 5 inag~C, Fa~A ITm FEB i 0 200~. '~FIGURE Boll Unit 17 33 35 40 Doooription BASINGER FINE SAND URBAN LANDoHOLOPAW*BASINGER COMPLEX URBAN LAND~AGUENTS COMPLEX, ORGANIC SUBSTRATUM SATELLITE FINE SAND DURBAN AND WULFERT MUCKS. FREOUENTLY FLOODED Btotuo SOILS MAP COCONILLA PUD NON-HYDRIC NONoHYDRIC NON-HYDRIC NON-HYDRIC HYDRIC NOTE: SOILS MAi~ SCANNED FROM HR'CS COLLIER COUNTY SOIL SURVEY. ASSOCI PASSARELLA and Consulting DRAW~ BY: CC Ecolog DATE: AOEI~)A ITEM A site plan with proposed drainage overlay is enclosed as Exhibit F. The proposed surface water management plan will incorporate best management practices including water quality facilities for above ground surface water treatment and storage prior to discharge into the receiving water (existing marina basin): The collected surface water will discharge into Outstanding Florida Waters, and all requirements for discharging into Outstanding Florida Waters will be met. All construction activities will serve to limit the potential for pollutant discharge in accordance with United States Environmental Protection Agency National Pollutant Discharge Elimination System. Due to this project's location (adjacent to tidal waters), the surface water management design should not require attenuation nor does the design attempt to limit discharge rates once water quality standards have been met; however, based on precedents from the Florida Department of Environmental Protection (FDEP), the subject uplands have been modeled using a South Florida Water Management District (SFWMD) 25-year, 72-hour storm to obtain the designed high water levels so even a 25-year storm will discharge through the water management system and not directly to the marina from the uplands. As is standa?, d engineering practice, runoff quantities have been calculated using the 25-year, l-hour Florida Department of Transportation storm intensifies. With the mix of open space, impervious stmctm~, and the enlarged marina, the post-development runoffis reduced from 26.26 els to 16.10 efs, all of which will be treated. The Surface Water Management Plan is being reviewed by the FDEP. The FDEP has assigned Application 11-0206964-001 to the project. The basic operation of the surface water management system includes the collection of surface water runoff in concrete drainage structures, transportation of the flow in a subsurface conveyance system, and directing the runoff to above ground dry detention areas. The site has incorporated 1.01± acre-feet of above ground dry detention in four detention areas and drainage swales with an additional 0.37± acre-feet in storage through the conveyance system, for a total of 1.38± acre-feet of storage. The detention areas are interconnected with all discharge occurring through the control structure, which is placed within the largest of the detention areas located at the southeast comer of the site. Development plan including phasingprogram, service area of existing andpropoSedpublic facilities, and existing and proposed transportation network in the impact arec~ A site plan is attached as Exhibit F. The project will be developed in one phase. The marina will be constructed first, with the first order of work being a small amount of dredging in the existing basin to remove approximately 400 cubic yards to be placed in a containment area constructed immediately upland of the existing seawall. Silt curtains will be deployed prior to dredging and will remain in place until all work on the basin is completed. The second order of work will be to excavate the area immediately upland of the seawall to create the new portion of the basin. The existing seawall will be left in place to control suspended particles until excavation of the upland portion of the basin and installation of the new basin seawall is complete. The existing seawall will then be removed connecting the excavated FEB 1'0 200~ 7 ' marina with the tributary to the Coeohatchee River. The turbidity curtains installed prior to commencement of the dredging operation will remain in place until the basin connection is complete and turbidity levels within the created basin have subsided. The project is currently within the development services area of Collier County Utilities and consists of a potable water meter and a wastewater lift station within an existing county utility easement. The public components of utility services will not be different in the post- development configuration. Easements are and will be available for public service providers such as those for electricity, cable television, and telephone. Right-of-way work will generally occur at the beginning of the uplands work to facilitate transport to and from the subject property. Vanderbilt Drive provides access to the project. Vanderbilt Drive is a two-lane road connecting Bonita Beach Road, Wiggins Pass Road, 111a Avenue/Bluebill Avenue, .and Vanderbilt Beach Road. U.S. 41 is approximately one mile east of the project. Wiggins Pass Road, which intersects Vanderbilt Drive just south of the project, connects Vanderbilt Drive and U.S. 41. 3.8.5.4 IMPACT CATEGORIES 3.8.5.4.1 Bio-physical 1. Air quality a. Changes in level of air pollutants as defined by currem regulations. The only anticipated air pollution will be during construction of the project from the exhaust of construction equipment and from dust generated by earth moving activities. Redevelopment of the marina to residential use is anticipated to create a net reduction in the generation of air pollutants from both vehicle and boat traffic. Based on vehicle trip generation estimates prepared by David Plummet and Associates, Inc., the existing marina generates more vehicle traffic on a daily basis than the proposed project. Furthermore, the project is anticipated to significantly reduce the mount of emissions from boats by eliminating 450 dry storage spaces and all access ramps for vessel launch. Redevelopment of the marina to residential use will eliminate air pollution resulting from commercial activities, including chemical and particulate emissions generated from the boat repair facility and exhaust from diesel powered forklifts. bo Number of people that will be affected by air pollution resulting fro FEB 10 200q ii o No persons-are anticipated to be affected by air pollution resulting from the project. Procedures that will be used to reduce adverse impacts of air pollutiott Watering of unvegetated surfaces will be conducted to reduce dust during construction of the project. Water quality bo do Changes in levels and types of water pollution as defined by current regulations. Phase I, 11, and [] environmental studies show that the former conunercial use produc~! pollutants including copper, arsenic, and MTBE. The proposed residential use will reduce and/or eliminate the activities that caused the pollution and remediate the toxins previously released by the commercial operations. The water management system for the proposed residential project will be designed to meet FDEP water quality criteria for discharge to Outstanding Florida Waters resulting in greater water quality treatment than is currently provided by the existing commercial operation. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. No restricted or precluded water uses will exist on this project. Person affected by water pollution resulting from the project. No Water pollution is anticipated to result from the project. Project designs and actions which will reduce adverse impacts of water pollutior~ Water pollution is minimized by means of a water management system that utilizes FDEP criteria to maintain state Water quality criteria for discharge to Outstanding Florida Waters. During upland redevelopment, appropriate erosion control mechanisms such as hay bales and silt fences will be used to prevent sediment transport to the water per the State and Federal National Pollution Discharge Elimination System regulations and recommendations. Dredging activities will be separated from adjacent waters by weighted turbidity curtains. Excavation activities within uplands will be separated from adjacent waters by the existing seawall and weighted turbidity curtains. Basin sid; slo~ ~ stabilized with rip rap wrapped in filter cloth. Docks will be core xuclnd of foam 9 FEB 1 0 200 filled concrete modules and moored in place with concrete piles. No chromated copper arsenate (CCA) treated wood will be used for dock construction other than what is needed to fasten the floating dock modules together and only in locations permanently above water. The project will remove both abandoned and .active buried fuel tanks and replace with state-of-the-art double-lined fuel tanks. The project will be responsible for appropriate remediation of contaminated soils resulting from existing storage tanks. Fueling and pump out facilities will be governed by the conditions in the Marina Management Plan attached as Exhibit G. The project will create 0.82--~ acre of intertidal areas adjacent to the created marina basin to improve basin flushing. The intertidal areas will be planted with mangrove vegetation. Physiography and geology a. A description of the soil types found in the project area. According to the Collier County Soils Map, the following soil types are found on the property (Figure 3): Basinger Fine Sand (Soil Map Unit 17); Urban Land-Holopaw- Basinger Complex (Soil Map Unit 33); Urban Land-Aguents Complex, Organic Substratum (Soil Map Unit 35); Satellite Fine Sand (Soils Map Unit 39); and Durban and Wulfert Mucks, Frequently Flooded (Soils Map Unit 40). A detailed description of each of these soil types is provided as Exhibit H. Aerial extent of proposed topographic modification through excavation, dredging and filling. The construction of the project will result in excavation of a 3.65+ acre boat basin within existing uplands. In order to provide efficient tidal flushing of the created boat basin, 0.82-~ acre of intertidal habitat will be created adjacent to the boat basin. Natural recruitment and plantings within the intertidal area will allow for the establishment of mangrove habitat, that currently does not exist within the project boundary. Approximately 400 cubic yards of material will be dredged landward of the six foot contour line within the existing boat basin to provide sufficient depth for vessels to access the created boat basin. The aerial extent of dredging within the project is 0.22-q: acre. An impact map depicting the approximate limits ofdreclging isprovided as Figure 4. Co Removal and or disturbance of natural barriers to storm waves and Not Applicable. 10 goodb~.so~ rr~ 110 200 ?/ LIHITS OF EXISTING 0.22 Ac. (0.82 Ac.+). iNS PASS ROAP L£G~D: I------~ WA~RS TO O~ (0.22 ~.~-) -'~ ~..A TO E~ ~ TO INTE~I~ilDN. O~rH TO PROMOTE FU~HmG (0.82 NOTES: PROPERTY BOUNI~'Y AND SITE PL,N~ F~R R¥/A. INC. ORA~ NO. 20018X17.DWG DATED MAY 15. 2003. FIGURE 4. IMPACT MAP COCONILLA PUD PASSARELLA a~l ASSOC Co~s~ltir~g Eco/o DRAWN BY: P.F. DATE: 5/ AGENDA ITEM ris~s .,~. ,/o,.,. 11 Proposed modification to natural drainage patterns. The site is fully developed in its current state. The site currently drains to the existing marina basin, the adjacent private property, the Cocohatchee River Park, and the Vanderbilt Drive right-of-way. In the post-development drainage system, all.flow from a 25-year, 34ay storm will be collected, treated to the State Outstanding Florida Waters standards, and discharged to the existing portion of the improved marina. Extent of impervious surface and percent of groundwater recharge area to be covered There is no known, dedicated recharge area within the boundary of the subject property. The current site is 60.33 percent impervious (6.30-a: acres of buildings and paved areas). The proposed site will have 3.80~ acres of impervious surfaces (buildings, sidewalks, and other paved areas) or 36.36 percent of the 10.45± acre site. f. Annual drawdown of groundwater level resulting from use. Since the property is adjacent to tidal waters, the groundwater level is generally synonymous with the tidal elevation. Hence, it can be concluded that the groundwater is generally not going to be modified by the proposed development. Additionally, it is not anticipated that a water use permit will be requested for the project as the facility will irrigate using publicly provided water. Native drought tolerant plants will be used for landscaping wherever possible to reduce the need for irrigation. Increased siltation in natural water bodies resulting from the proposed use. Please see response to 3.8.5.4.1.2.1 and 3.8.5.4.1.2.d. A sediment control plan will be provided at time of site development plan approval. The sediment-control plan will be designed according to FDEP criteria. Wetlands Define number of acres of Collier County jurisdictional wetlands (pursuant to the Collier County Growth Management Plan) by vegetation type (species), vegetation composition (canopy, midstory and groundcover), vegetation abundance (dominant, common and occasional}, and their wetland functions. The subject property contains no FDEP or U.S Army Corps of Engineers wetlands. The project site contains 0.43:!: acre of tidal waters identified as Bay (FLUCFCS Code 540) and described as follows: AC,~NOA FS2 1'0 200 12 Pg. d. co Bay {FLUCFCS Code 540) This open water, tidal habitat occupies 0.434- acre or 4.1 percent of the property. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No sea grasses were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. Determine present seasonal high water levels and historical high water levels by utilizing lichen lines or other biological indicators. There are no wetland resources on the project site. Indicate how the project design improves/affects pre-development hydroperiods. There are no wetland resources on the project site. Indicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on functions of wetland areas. There are no wetland resources on the project site. Indicate how the project design minimizes impacts on wetlands. There are no wetland resources on the project site. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County Growth Management _Plan. There are no wetland resources on the project site. Upland utilization and species of special status. Define the number of acres of uplands by vegetative types (species), vegetation composition (canopy, midstory, and groundcover), vegetation abundance (dominant, common and occasional) and their upland functions. The property has a total of 10.02-4: acres of uplands. The upland habitats are composed of Marina (FLUCFCS Code 184). Table 2 provides an acreage breakdown of the uplands, and a description of the FLUCFCS type follows. 13 AGENOA No. .~, FE3 I 0 200 be do Table 2. Upland Acreages 184 Marina 10.02 TOTAL 10.02 Marina (FLUCFCS Code 184) This developed area occupies 10.02~ acres or 95.9 percent of the property. This area is the site of an active commercial marina that includes dry storage facilities, maintenance and repair facilities, fueling facilities, and a ship's store. No native habitat is present. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on functions of upland areas. Existing uplands on the project site have been entirely developed. Redevelopment of upland areas will include native landscape buffers and the creation of intertidal mangrove habitat. Indicate how the project design minimizes impacts on uplands. Uplands on the project site have been completely developed by the existing commercial marina~ Redevelopment of upland areas will include native landscape buffers and the creation of intertidal mangrove habitat. Provide a plant and animal species survey to include at a minimum, species of special status that are knoWn to inhabit biological communities similar to those existing on site and conducted in accordance with the guidelines of the Florida Game and Fresh Water Fish Commission. The project site is developed and does not provide habitat for listed species. A portion of the project site is located within 1,500 feet of bald eagle (Haliaeetus leucocephalus) nest CO-019. The West Indian manatee (Trichechus manatus) may occur within waters near the project site. The applicant is coordinating with the FDEP and U.S. Fish and Wildlife Service 0dSFWS) regarding potential impacts of redevelopment to listed wildlife species. Coordination will include the development of protection plans for both the bald eagle and West Indian manatee. Indicate how the project design minimizes impacts on species of special status. There are nO bald eagle nests on the project site. The project will not result in direct impacts to the nest tree. Bald eagle nest CO-019 is located approximate northwest of the project site. According to the Florida Fish an, Conservation Commission (FWCC), territory CO-019 was first docume~ 14 ~ed dur~g 10 200 Based on the FWCC nesting records, the bald eagles have successfully fledged two young during each of the last four consecutive nesting seasons (including 2002- 2003). This period coincides with recent development activity conducted within the secondary protection zone by Arbor Trace and Cocohatchee Bay PUD. The project will result in the permanent closure and removal of an existing full service commercial marina and boat storage facility that has been in existence for over 25 years. Redevelopment for residential use will occur within areas previously developed and occupied by the commercial marina. There will be no loss of native habitat types resulting from project redevelopment. Development is anticipated to take 22 months for completion. Exterior construction activity is anticipated to occur during at least one nesting season (October 1 - May 15) period and will be limited in scope and duration per the conditions of the management and monitoring plans. Residential tower construction will occur no closer than approximately 1,068 feet from the existing COd)19 nest tree. The project is being proposed in an existing intensively developed commercial area. No habitat loss will occur as a result of project construction. There has been no evidence that recent encroachments into the secondary zone of CO-019 (including development of Arbor Trace and Cocohatchee PUD) or existing human disturbances (including daily operations at Wiggins Pass Marina and traffic on Vanderbilt Drive) has resulted in loss of bald eagle productivity or attempt to relocate to a more remote nest site. Construction-related disturbances including the operation of heavy machinery, power and hand tools, use of radios, and human voices are not expected to have an adverse effect on this pair of bald eagles because these activities are currently occurring on the proposed project site as part of the existing commercial activities. Compared to the current commercial operation, the project is anticipated to result in a reduction of daily noise levels and a reduction in the release of chemicals toxic to fish and wildlife. To minimize adverse effects and provide an opportunity for the nesting bald eagles to become acclimated to the altered development, the applicant has agreed to limit certain construction related activities during the nesting season including activities related to excavation of the marina basin, pile driving, erection of cranes, and removal of existing buildings. Redevelopment of the marina to residential use is anticipated to create a net reduction in the generation of both vehicle and boat traffic. Based on vehicle trip generation estimates prepared by David Hummer and Associates, Inc., the existing marina generates more vehicle traffic on a daily basis than the proposed project. Furthermore, the project is anticipated to significalatly reduce the mount of boat traffic originating within the secondary protection zone by eliminating 450 dry storage spaces and all access ramps for la-ailered vessels, : 15 FEEl 1.'0 200ti o The applicant is coordinating with the USFWS in preparing a Bald Eagle Management Plan that currently does not exist for the commercial marina_ A copy of the Bald Eagle Management Plan is attached as Exhibit I. The management plan will address limitations on construction activities and the use of a USFWS-approved observer to monitor eagle behavior. Monitoring will be conducted for the purpose of detecting any potential abnormal behavior of the adult eagle or their'chicks that may be elicited in response to development activities within 1,500 feet of the nest tree and to establish a procedure for halting or modifying any disturbance that harms or harasses eagles to the extent that "take" may occur. The project site is not located in a designated critical habitat for the West Indian (Florida) manatee. There are no seagrass beds located within the project area. The redevelopment of the existing marina will result in the removal of 450 dry slips and all access points for additional watercrafL This project will result in 90 percent reduction in the number of boats kept at the project site and a major reduction in boat traffic originating from the project site. The project is anticipated to have a net benefit to the West Indian manatee. The applicant will implement the Standard Manatee Construction Protection Precautions. A manatee protection plan prepared by Humiston and Moore Engineers is attached as Exhibit J. Marine and estuarine resources Provide current State of Florida Classification of the Waters (Florida Administrative Code, Chapter 17-3). The project is located in Class II Waters, not approved for shellfish harvesting. Project waters are located adjacent to the Cocohatchee River, an Outstanding Florida Water. Define number of acres of marine and estuarine resources by submerged grass beds, breeding areas and nursery areas and their marine and estuarine functions. The project contains 0.43+ acre of submerged tidal waters. On September 30, 2002, submerged lands within the project boundary were inspected for the presence of aquatic vegetation and hard bottom communities. Submerged bottom in the project boundary was probed with a pole and dip net. The majority of the submerged bottom is composed of sot~ floeculent~ sediment. No seagrasses were observed within or adjacent to the project boundary (areas within 50 foot of project boundary were inspected for the presence of seagrass). Shoreline vegetation is present west of the marina basin. Shoreline vegetation is composed entirely of red mangrove (Rhizophora mangle). Oyster clumps were observed attached to seawalls and existing pilings. Some shell bottom exists within 20-a: feet ofexisting mangrove shoreline and is composed of scattered dead oyster clumps and oyster shell. Samples Ot~stel~rfl~A IX~ ^ ' [ F7_3 1'.'0 200 - Indicate proposed percent of defined marine and estuarine resources to be impacted and the effects of proposed impacts On functions of marine and estuarine resources. Attached communities including oyster Will be impacted by the redevelopment of the project site. Reconfiguration of the marina and creation of mangrove habitat will create a net gain of suitable habitat for attached communities that are being displaced. go Noise no Estimate changes in the dockside landing of commercial fish and shellfish The project will not have an adverse effect to sport or commercial fisheries. The project will create 0.82-4: acre of intertidal habitat that will be planted with mangrove and provide fisheries habitat. Estimate changes in the sport fishing effort and catch. The project will not have an adverse effect to sport or commercial fisheries. The project will create 0.82-4: acre of intertidal habitat that WIll be planted with mangrove and provide fisheries habitat. Provide past history of any environmental impacts to the area including oil spills. The project has been the site of a full Service cOmmercial marina that has been in operation for over 25 years. Toxins inclUding arsenic, copper, and MTBE have been detected on the surface, in the soil, and in bottom sediments of the site. Indicate how the project design minimizes impacts on marine and estuarine resources. The project will result in a less intensive land use than the existing commercial operation thereby providing a net benefit to air and water quality. The project will result in a 90 percent reductiOn in the number of stored vessels and will completely eliminate access for trailered vessels. The project will create a surface water management system designed to meet FDEP water quality criteria for discharge to Outstanding Florida Waters. The project will create 0.82-~ acre of intertidal habitat to benefit estuarine species. The created intertidal habitat will be planted with mangrove species. Describe the changes in decibels and duration of noise generated during and after the project (both day and night) that will exceed Collier County regulations. The current commercial operation generates loud noise levels from fr~ operations, boat engine repair and testing, and an outdoor interconffp 17 ~uent~~-~ i:'7.:3 10 operations, boat engine repair and testing, and an outdoor intercom/paging system. The proposed residential use will eliminate these noise sources. Changes in decibels and duration of noise will occur during typical construction activities. In addition, construction will take place only during the hours set forth in the Collier County Land Development Code. No noise problems are anticipated after project completion. bo Describe steps that will be taken to reduce noise levels during and after the project. See 7a above. c. Project compliance with Federal Aid Highway Program Manual 7-7-3. See 7a above. 3.8.5.4.2 Public Facilities and Services 1. Wastewater management Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of treatment. ~ The proposed project shall utilize the North County Regional Water Reclamation Facility. The plant has a capacity of 13.5 million gallons per day. Currently the plant's year to date average for wastewater treatment is $.4 million gallons per day or 62 percent of capacity. b. If applicable, describe similar features of proposed new treatment facilities. No new treatment facilities are proposed within the project area. Co Describe the character and fate of both liquid and solid effiuems. Liquid and solid effluent will be conveyed to the North County .Regional Water Reclamation Facility via the on-site collection system, the county owned and maintained wastewater pump station located within an easement on the subject property, and the county transmissions system. Liquid and solid effluent will meet appropriate state and federal standards after the County Water Sewer District's treatment facility. Water supply a. Estimate of average daily potable and non-potable water demands aS AGEt~A the t~.oject. FEB 1.0 The total population to be served is 258 persons (112 units x 2.3 residents per unit). The-peak and average daily demands for the proposed community are as follows: Ao Water-Peak: 48.74 GPM Sewer-Peak: 38.99 GPM Source of raw water material Average Daily: 28,074 GPD Average Daily: 22,459 GPD Potable water is supplied by Collier County Utilities from the North County Water Treatmem Facility via the publicly owned distribution system. Analysis of on-site treatment systems relative to State and County standards. No new on-site treatment facilities are proposed. Solid wastes Estimate of average daily volume of solid wastes. Per Collier County Land Developmem Code (Section 3.15.3.27), the adequate level of service for solid waste management is to provide for I. 10 tons of solid waste per capita per year. Based on 2.3 persons for 112 dwelling units (257.6 persons), the system must record a requirement for 258 persons, or 283.4 tons of solid waste generated and disposed annually at the facility (0.78 tons daily). Realistically, since the demographics of the residents show that the typical residence, will have less than 2.3 persons and being seasonal in nature, the actual generated rate will be less. bo Proposed method of disposal of solid wastes. Per Collier County Land Development Code (Section 2.6.15), a commercial hauling company licensed to transport municipal solid waste in Collier County and the State of Florida will be contracted to remove the solid waste from the subject property. SOlid wastes shall be disposed of in the Collier County Landfill. Any plans for recycling or resource recovery. The proposed development will provide for and encourage the recycling of all materials that are able to be recycled at the domestic level within both the residential and marina facilities. The petitioner will post education material indicating which materials are able to be recycled in the residential area and at the marina; Recreation and open spaces a. Acreage and facilities demand resulting from the new use.' 19 AGENDA ITE~ FEB.1:0 200z o The subject property will consist of 2.57± acres of open space and 4.08+ acres of marina including planting of native mangrove species. Calculations for the facilities demand for the open space and marina are included in the overall calculations for the demand of the entire facility (Sections 3.8.5.4.2.2.a and 3.8.5.4.2.3.a). b. Amount of public parldrecreation land donated by the developer. The applicant has no plans for donation of land for public park or recreation area. The project will be providing public fueling facilities for watercraft and public parking facilities for Cocohatcbee River Park. Ce Management plans for any open water areas if one-half acre or more within the project. A copy of the marina management plan as prepared by Humiston and Moore Engineers is attached as Exhibit G. cl. Plans for recreational development by the developer on dedicated lands. No recreational development other than residential amenities are anticipated at this time. e. Amount of public recreation lands removed from inventory by the new use. No public recreation lands will be removed ~om inventory by the new use. f. Development and/or blockage of access to public beaches and waters. There will be no blockage of access to public beaches and waters. The wet slip configuration within the existing submerged land lease will be adjusted to allow a greater passage for boats embarking from the Coeohatchee River Park. The project will provide vehicle parking spaces for Cocohatchee River Park within the boundary of the subject property. ,~esthetic and Cultural Factors Provide documentation from the Florida Master Site File, Florida Department of State and anyprinted historic archaeological surveys that have been conducted on the project area. Correspondence was received from the Florida Department of the State~?~v~ ,h~t _ . no archaeological or historical sites are known to be present within the~roj~.~g?~3~e~' IxO~("_~ A copy of this correspondence is included as Exhibit K. !FEEl. 1 200 I Locate any known historic or archaeological sites and their relationships to the proposed project desigtt See response to 5a~ Ce Demonstrate how the project design preserves the historic/archaeological integrity of the site. See response to 5a. Indicate any natural scenic features that might be modified by the project design and explain what actions shall be utilized to preserve aesthetic values. The project site currently provides no natural scenic features. Redevelopment will incorporate created mangrove habitat. e. Provide the basic architectural and landscaping designs. The buildings, signage, landscaping, and visible architectural infrastructme will be architecturally and aesthetically unified. The unified architectural theme will include a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel. Landscaping and streetscape materials will also be similar in design throughout the subject site. An architectural plan will be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. Signage will also meet the architectural standards described above. Landscaping materials will feature the use of a majority of native plants, reducing irrigation, pesticide, and fertilizer needs. Monitoring Describe the design and procedures of any proposed monitoring during and after site preparation and development. Monitoring plans will be implemented for bald eagle and manatee as outlined in the management plans that have been prepared for these species. The bald eagle management plan is attached as Exhibit I. The manatee management plan is attached as Exhibit J. 21 Water quality monitoring will be conducted during and following construction activities per the conditions of the FDEP permit and the marina management plan attached as Exhibit G. A~NOA ~' FEB 1.0 200 Pg. 3.8.6.1 SPECI~CS TO ADDRESS - GENERAL INFORMATION 3.8.6.1.1 Indicate how. the proposed project has incorporated the natural, aesthetic and cultural resources and other environmental considerations in the planning and design of the proposed project. The project is the site of an existing commercial development. No native habitats exist on the project. No historical or archeological resources are known to exist within the project site. Redevelopment will incorporate created mangrove and intertidal habitat to benefit estuarine species. Redevelopment will incorporate native plants into the landscape plato 3.8.6.1.2 List the environmental impact(s) of the proposed action and the reason(s) that the impact(s) are unavoidable and that the impact(s) represent the minimum impacts possible to the environmental quality of the site and/or the surrounding area, which might be affected by the proposed use. The proposed action will result in the elimination of pollution generating activities relative to the current use, remediation of toxins previously released, and significant reduction in boat traffic originating from the project site. There are no native UPland or wetland habitat types located within the project boundary. The project will not result in any direct impacts to endangered or threatened species. The proposed activities will result in dredging portions of the eXisting marina basin. There will be no impacts to mangroves. The submerged bottom within the proposed dredge area is composed of soft flocculent, sediment. No submerged hard bottom communities or seagrasses are located within the proposed dredging area. The project will result in the creation of intertidal habitat for fish and wildlife species. 3:8.6.1.3 Provide substantiated alternatives to the proposed project so that reasons for the choice o fa course of action are clear, not arbitrary or capricious. The proposed development for this site is a land use that conforms well to the existing surrounding land use and anticipated land uses making it a clear, not arbitrary, cause of action. Alternative uses pemaitted under the current C-4 zoning do not offer all of the environmental benefits of a residential use listed in this docnment. 3.8.6.1.4 List immediate short-term impacts to the environment. Short term impacts will include increased turbidity levels resulting from dredging activities. Turbidity will be retained within the project area by turbidit,l curtammo^ I FEB 11'0 200 3.8.6.1.5 Attached communities including oyster will be impacted by the redevelopment of the project site. Reconfiguration of the marina and creation of mangrove habitat will create a net gain of suitable habitat for attached communities that are being displaced. List any irreversible and irretrievable commitments of natural resources which would be involved in the proposed action shouM it be implemente& There will be no loss of natural resources resulting from project redevelopment. The project will contribute 0.82~: acre of intertidal habitat that will be planted with mangrove species. 23 FEB. 1 0 200 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001.a.' Third Edition. 24 ^GENOA FEB. 1''0 ANDREW WOODRUFF Senior Ecologist, Passardla and Associates, Inc. Environmental consultant and ecological services for private and public development, and mad projects. Services include state, federal, and local wetland and wildlife permitting; agency negotiations; 'environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design, construction observations and monitoring. Education M.S. Environmental Engineering 1993. Major:. Aquatic Science University of Florida, Gainesville, Florida Thesis: Florida Springs Chemical Classification and Aquatic Biological Communities B.S. Biology 1989 Emory University, Atlanta, Georgia ECologist, Kevin L. Erwin Consulting EcolOgist, Inc., Fort Myers, Florida, December 1992- August 1997. Environmental consultant to private land owners, land planners, commercial and residential developers, engineering firms, and state and federal agencies. Experience in state and federal wetland delineation, endangered species surveys, ecological monitoring, prescribed bums, gopher tortoise relocation, and land mapping. Continuing Education · Basic Prescribed Fire Training. Hillsborough Community College. (1993) · Florida Association of Benthologists Annual Keys Workshop. Keys Marine Laboratory, Long Key, FL. October 16-18, 1996. · 12' Annual Environmental Permitting Summer School, Marco Island, FL. July 1998. · Shorebird Seminar with Ted Below, Rookery Bay, Naples, FL. January 1998. · Dr. David Hall, Plant Identification Workshop 1999. · Master Wildlifer Program 2003. Professional Associations Certifications Florida Association of Environmental Professionals Local Board of Directors (1999) Society of Wetland Scientists Coastal Conservation Association U.S. Power Squadron San Carlos Bay Chairman Environmental Committee (1999) Certified Wetland Delineator by the U.S. Army Corps of Engineers Certified Prescribed Bum Manager bY the Florida Division of Forestry AG~A II'~_M FEB..1 0 August 2, 2002 RWA, lnc 3050 North Horseshoe Dr., Suite 270 Nnpl~s, Florida 34104 To Whom It May Concern: Please be advised thai authorization is hereby given to the firm of RWA, Inc., to act as agent in all actions rei~tln5 to the permitting of a relidential land use on thc following de.ri'bed lands: A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOtrIHF. AST ¼ OF SAID SECTION 1 ?; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00'26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT. A SUBDIVISION RECORDED IN PLAT BOOK. 8. PAGE 16, pUBLIC RECORDS, COLLIER COUNTY, FLORIDA: THENCE ALONG TH~ NORTH LINE OF SAID CONKLIN POINT S $9°16, I0' W ~30.00 FEET; TtiENCE LEAVING SAID NORTH LINE N 00~26'0~' W 30.00 FEET ~O THE NORTH LnqE OF THE SOUTHEAST M OF SAID SECTION I?; THENCE ALONG TH~ NORTH LINE OF SAID SOUTHEAST 'A N ~9°16'10'' E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH TIIE SE ¼ OF THE SE ¼ OF THE NE ~ OF SECTION 17, TOWNSHI? 48 SOLrrH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA- LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO ~ STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.1~ BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUN'I~, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE ~ OF THE SE ~ OF THE NE %, THENCE S 0(F27'30" E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECrION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVA'I~IRE OF A CIRCULAR CURVE CONCAVED TO ~ ~gEST HAVING A RADIUS OF 1860.08 FEET; THEN~ NORTHERLY ALONG ~ ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7~17'35' A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7~45'05'' W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE ¼ OF SE % OF NE ¼; THENCE N $9~03' 18" E ALONG SAID LINE 44.95 FEET TO ~ POINT OF BEGINNING. CONTAIIqnqG 10.45 ACRES MORE OR LESS ~ ~, STATE OF FLORIDA co r rv The foregoing: ' _xm-tnunent was acknowledged before me this who is~nally kn?wn to ~d who did not take an oath. NOTARY PUBLIC Witness my hand and se~l · 2002, by Edwa~ Oelsehla~ger, AGENDA ITEM FEB 1 0 200 Legal description of project site. DESCRIPTION: (PER DEED) A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, DESCRIBED AS FOIJ.OWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00°26'00'' E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89°16'10" W 530.00 FEET; TI~ENCE LEAVING SAID NORTH LINE N 00°26'00' W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 N 89°16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO ~ STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.1L BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFIC~Y DESCRIBED AS FOI.,I~WS; BEGINNING AT THE NE CORNER OF SAID SE 1/4 OF THE SE 1/4 OF THE NE 1/4, THENCE S 00°27'30'E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID' SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIR~ CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG TI]F~ ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35" A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; T1]ENCE N 7°45'05' W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE 1/4 OF SE 1/4 OF NE 1/4; THENCE N 89°03'18'E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS, ALSO BEING BOUNDED AND DESCRIBED AS FOLLOWS: (PREPARED BY RWA, INC.) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 17, TOVk~NSHIP 48 SOUTH, RANGE 25 EAST, AND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS: __ BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUART~ (NEll4) OF SECTION 17, TOWNSHIP 48 SOUTH RANGE 25 EAST, COLLIER AGENDA FIE' ¢ R ~o.~ ~ FED !0 200 t COUNTY, FLORIDA. THENCE N.00°~7'34)''W., ALONG THE EAST LINE OF SAID SECTION 17 AND THE WEST. RIGHT OF WAY LINE OF SR 865-A (VANDERBILT DRIVE) (100' WIDE) FOR 178.38 FEET TO A POINT OF CURVATURE; THENCE NORTUERLY 236.77 FEET ALONG SAID WEST RIGHT OF WAY LINE AND THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 1,860.08 FEET THROUGH A CENTRAL ANGLE OF 07°17'35'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.04°06'I7"W. FOR 236.61 FEET; THENCE N.07°45'05"W-, ALONG SAID WEST RIGHT OF WAY IJNE FOR 150.41 FEET TO A POINT OF CURVATURE; TiqENCE NORTI~RLY 108.76 FEET ALONG SAID WEST RIGHT OF WAY LINE AND ~ ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 1,960.08 FEET THROUGH A CENTRAL ANGI.E OF 03°10~45'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.06°09'42"W. FOR 108.75 FEET TO ~ NORTH I.INE OF ~ SOUTHEAST QUARTER (SEll4) OF ~ SOUTItE~ QUARTER (SEI/4) OF THE NORTIIE~AST QUARTER (NEll4) OF SAID SECTION 17; THENCE S.89°03'18"W., ALONG SAID NORTH L_INE FOR 623.25 FEET TO THE WEST LINE OF SAm SO~AST QUARTER (SE1/4) OF THE SOUTm~ QUARTER (SEI/4) OF THE NORTm~AST QUARTER (NEll4) OF SAID SECTION 17; THENCE S.00°27'20"E-, ALONG SAID WEST LINE FOR 669.79 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER (SEI/4) OF ~ SOUTHEAST QUARTER OF THE NORTHEAST QUARTER .(Isle 114); THENCE N.89°16'10"E., ALONG SAID SOUTH FOR 138.22 FEET THENCE S.00°26'00"E., LEAVING SAID SOUTH LINE FOR 30.00 FEET TO NORTH LINE OF TRACT 1, CONKLIN POINT AS RECORDED IN PLAT BOOK 8, PAGE 16, COLLIER COUNTY PUBLIC RECORDS; THENCE N.89°16'10"E., ALONG SAID NORTH LINE FOR 530.00 FEET TO NORTI~IEAST CORNER OF SAID TRACT 1 AND SAID WEST RIGHT OF WAY IJNE; THENCE N.00°26'00"W-, ALONG SAID WEST RIGHT OF WAY LINE FOR 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 455,094 SQUARE FEET OR 10.45 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHT OF WAYS (RECORDED AND UNRECORDED, WRITTEN AND UNWRITFEN). BEARINGS ARE BASED ON ~ EAST LINE OF THE NORTHEAST QUARTER (NEI/4) SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N.00°27'30"W. FEB. Coconilla Residential Towers Marina Management Plan INTRODUCTION ECO VENTURE WIGGINS PASS LIMITED is. proposing redevelopment of a marina and construction of residential towers at the site currentlY occupied by the Wiggins Pass Marina. To provide the Department of Environmental Protection reasonable assurances that the redeveloped marina will meet water quality standards, this Marina Management Plan (MMP) is proposed to address the water quality issues associated with operating a recreational marina and fuel facility. The existing facility is a commercial marina and boatyard with approximately 450 dry storage slips, vehicle parking for owners of boats in storage, approximately 52 wet slips primarily used for transients and mooring rental boats, fuel facilities, a ships store, and it provides boat supplies and repairs. There are several environmental benefits associated with the redevelopment of this facility. Foremost, the very nature of the site will be changed from commercial marina and boatyard into a recreational boat basin. Boat traffic in the area will be reduced because all 450 dry storage slips will be eliminated. Related boat maintenance activities will also be discontinued. Additionally, the current site does not have a surface water management plan and storm water runoff from the commercial boatyard, boat storage areas, and parking areas discharges directly into the Cocohatchee River. The redevelopment project has a storm water management plan that will meet water management guidelines for the treatment of surface waters. The boat basin which is being expanded to improve mooring facilities for the same number of wet slips also incorporates an innovative design that promotes improved flushing through the creation of .82 acres of intertidal wetlands that will assist in maintaining water quality. All docks will be constructed of modular floating concrete units moored with concrete piles. The facility will not utilize pressure treated wood other than for the wales which are attached to the sides of the concrete floats to fasten the modular units together to form piers. The timber wales are located on the sides of the floats at the upper edge where they remain above the waterline at all times. A three-year water quality monitoring program will be implemented within thirty days of completed construction to evaluate water quality within the basin.A monitoring and compliance element is included in the Management Plan to define the scope of monitoring and procedures for reviewing the results for compliance. An enforcement element is included to provide understanding of the parties responsible for compliance, and t( procedures for implementing corrective measures in the event that Man Plan guidelines are not met. Finally, the Management Plan includes an e a clear ~l~n~ iger~n[ luc~tTb~ FEB 10 200~ element to inform resident boaters, guests, and marina staff of water quality and marina management requirements. It is the goal of ECO VENTURE WIGGINS PASS LIMITED to achieve Florida Clean Marina Program designation with the State, representing a facility where aesthetics, cleanliness and environmental concerns are the very highest priority. Best Management Practices (BMPs) are proposed activities that assist with maintaining water quality to state standards. The Management Plan is broken down into the following six elements. MONITORING AND COMPLIANCE ECO VENTURE WIGGINS PASS LIMITED will implement a three year water quality monitoring program under the direction of the Florida DEP. This program will include twice annual testing and shall provide the Department with water quality data to evaluate corflpliance over the life of the program. Additionally, ECO VENTURE WIGGINS PASS LIMITED Shall designate an Environmental Compliance Officer (ECO) who will be responsible for water quality in the marina basin. The ECO shall answer directly to the owner, and shall remain as a permanent operating position as long as the marina is in operation. The ECO shall be responsible for all documentation and reporting and shall work pro-actively with boat club staff, resident boaters, and guests to assure full compliance with the Management Plan, all State, Federal, and local permits, and state water quality criteria. The ECO will be identified to the DEP and-will be the point of contact between ECO VENTURE WIGGINS PASS LIMITED and the DEP. The ECO will take immediate action to maintain compliance with the Management Plan, all State permits and State water quality standards, reporting these actions to the DEP. The criteria for reporting to DEP will be any observable violation of the Marina Management Plan, the DEP permit, or State law or rule. The ECO will provide the DEP an annual summary report of compliance efforts within the marina. The report will include various items such as quantity numbers for oil recycled, batteries disposed of, and general information regarding compliance by boat owners and marina operating staff. This will identify any appropriately changes, which should made in the education program and in the marina operations. ENFORCEMENT water quality violations and to take appropriate actions to prevent occu pollution from such sources. Responsibility - It will be the responsibility of ECO VENTURE WIGGINS PASS LIMITED, or successor in title, for maintenance of water quality standards within the marina. It shall be the responsibility of ECO VENTURE WIGGINS PASS LIMITED to identify pollution sources from within the marina that may result in FEB 1I0 200~ Notification - It shall be the ECO's responsibility to monitor all boaters using the marina and overall marina operations on a daily basis. Upon obserVation of any noncompliance with the Rules and Regulations of ECO VENTURE WIGGINS PASS LIMITED, the Management Plan, DEP Permit, or State or local regulations, the ECO shall serVe a wdtten or verbal "Caution" statement to the violator, informing him or her of the infraction. ^ second infraction shall result in a written "VVaming" notice, informing the violator and the boat slip owner of a second infraction. A third infraction may result in a fine, which will include all penalties assessed by the DEP, and any cost of remediation. All Violation Notices shall be documented in the Daily Log, including the reason for the infraction. EDUCATION PROGRAM In order to implement long-term objectives to protect the environment at the ECO VENTURE WIGGINS PASS LIMITED Madna, a series of educational workshops will be held. This education program will apply to all users of the facility and focus on their role in the long-term health of. the marina and surrounding area. Each workshop shall include a review of the Management Plan, discussion of non- compliance issues, and evaluation of changes to the Management Plan as appropriate. This workshop program will include a welcome and orientation session for users of the madna, as well as continuing education for returning and long-term users of the marina. There will be one workshop per year. The program will be designed to educate the marina staff and users on environmental 'stewardship. The topics to be discussed will include the following: - An explanation of the consequences of bottom cleaning and zinc replacement in the basin relative to releasing heavy metals into the water. - OverView the battery recycling program, designated areas for disposal, proper techniques regarding handling of batteries over the water surface and on docks. -- Suggest boat owners not use hard abrasives or chemical treatments. - An explanation of the value of floating debris collection and recycling efforts. - Information and instruction on fueling procedures and the long-term impacts of fuel spilling into the water. -- Explain methods to reduce or eliminate oil content in bilge water. No. FEB 1,0 - Inform boat owners and operators that the cost of spill cleanup will be the responsibility of the individual responsible for the spill. - Provide information regarding proper handling and disPosal of used oil products. - Explain the value of uSing environmentally friendly cleaning methods and products. -- Demonstrate the proper disposal of hazardous wastes such as paint, old gasoline, left over chemicals, out of date flares and paint chips. - Discuss compliance concerns, non-compliance trends, and provide refresher discussions on areas of consistent non-compliance. - Review all elements of the education program and discuss modifications that would make implementation of the Management Plan more effective. Employee Education - Conduct semi-annual workshops for marina employees regarding implementation, compliance, and monitoring under the Management Plan. Tailor the education program to include methods and procedures for executing the BMPs listed in the Management Plan. Include a provision within the employee handbook that requires compliance with the all provisions of the Management Plan. BOAT BASINS MANATEE PROTECTION - The following Best Management Practices are proposed to address secondary and cumulative impacts to manatees. ISSUE: Decreasing the possibility of watercraft interaction with manatees at this location would increase manatee protection. BMP #1: Improve public awareness of manatees by posting "Caution, Manatee AwareneSs" signs from the marina Cocohatchee River main channel. "Idle Speed" and site out to the TIMEFRAME: Effective upon construction completion. MONITORING: Monitor signage every six months and replace when necessary. ISSUE: Manatee mortality may be reduced by the existence and enforcement of speed protection zones. BMP #2: Implement boater awareness of designated speed zones in County throUgh the Coconilla Education Workshop Program. CoIli&p~-NOA rrEM FEB. 10 200~ TIMEFRAME: Effective upon construction completiOn. MONITORING: Review the Education Workshop for currency every year. ISSUE: Improper boating in shallow waters can damage manatee habitat such as destroying sea grass and creating trenches through seagrass meadows. The loss of sea grass habitat diminishes food supply. BMP #3: Include an element in the Education Workshop discussing the importance of manatee habitat, and hoW to identify and aVoid these areas. Information on manatee awareness, protection, and habitat will be distributed at the annual Education Workshop. TIMEFRAME: Effective upon construction completion. MONITORING: Review the Education Workshop for currency every year. ISSUE: The need for construction personnel to avoid collisions with manatees during construction. BMP #.4: Implement the Standard Manatee Protection Construction conditions issued by the State of Florida Fish and Wildlife Conservation Commission (FFVVCC), which include instruction of all personnel associated with the project of the presence of manatees and the need to avoid collisions with manatees. All personnel will be advised that manatees are protected under the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972 and the Florida Manatee Sanctuary Act of 1978, and that there are civil and criminal penalties for harming, harassing or killing. TIMEFRAME: Effective immediately. MONITORING: During construction of the project. ISSUE: Increase awareness among boaters using the facility of the presence of manatees in the canal system and waterway, and the need to observe and minimize interference with these animals. BMP #5: Establish and maintain a permanent educational display at select locations to increase the awareness among boaters using the facility of the presence of manatees. TIMEFRAME: Effective immediately. MONITORING: marina. Educational displays are to be maintained for the life FEB.p~.: 11:0~//?/,200~., k BOAT CLEANING: Washing of Boats ISSUE: Hard abrasives, such as steel wool, or similar cleaning pads, may drive chromium treatments into the water column during cleaning of boat bright work. Use of certain soaps, detergents,, and cleansers can be detrimental to the environment and degrade water quality. Products used to wash boat hulls and decks often contain toxic ingredients such as ammonia, sodium hypochiorite, chlorinated solvents, petroleum distillates, or lye. BMP: All boats should be maintained using the type of cleansers limited to those permitted under local, state and federal regulations. Use fresh water to clean boats after every use, minimizing the use of cleansers. Provide information to boaters regarding use of cleansers and provide recommendations for brand names that are compliant with local, state, and federal regulations. All individuals who clean boats, both professional and owners, will be provided with an educational review sheet regarding environmentally safe techniques and cleansers. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Monitor boat cleaning in the marina basins daily, and provide noncompliant boaters with updated information from the boater education program. ORGANIC ACCUMULATIONS: Biological Oxygen Demand (BOD) ISSUE: Sea grasses, mangrove leaves, other organic material, and manmade products float into the marina and settle to the bottom. This accumulated detritus decomposes in a process that extracts oxygen from the water, driving dissolved oxygen to lower levels, possibly below state standards. BMP: Collect floating debris from the marina. Organic materials will be deposited in an approved offsite waste containment facility and manmade products will be recycled as appropriate. Additionally, the basin is designed with maximum depths which are less than the receiving waterway, and with intertidal areas designed to promote tidal flow through the basin. The intertidal areas should improve dissolved oxygen levels and water will flow to and from these areas under the bottom of the floating docks which will improve vertical mixing within the basin. These characteristics should reduce accumulation of organic detritus and reduce BOD, and virtually eliminate potential stagnate stratification that could contribute to Iow oxygen levels. TIMEFRAME: Effective immediately upon completion of constructiOn. AGENDA IT'F_M FEB 10 200~ //,5" MONITOR: Clean up will be monitored and reported to DEP on an annual basis. Collect debris on a daily basis dudng heavy periods of sea grass production in the area. Document approximate amounts of organic and recyclable materials removed and summarize results in the annual report to DEP. The purpose of quantitative estimates is to determine if alternative solutions are necessary to control debris. PETROLEUM DISTRIBUTION: Dispensing of Fuel ISSUE: Fueling operations result in small spillages of gas and diesel when fuel tanks are topped off. Even with automatic shut off dispensers, overflow through the tank vents on boats can result in some spillage into the water. BMP: Marina staff will be certified in fuel spill containment.'Staff will be trained to be observant of the fueling operation conducted by the boater. Basic insfl'uction on fueling procedures employed by the marina and the importance of spill control Will be verbally provided to each boater fueling at the dock. A sign will be posted at the fuel dock providing information on fueling procedures, emergency action required in case of a spill, and emergency contacts and phone numbers. These instructions will include, but are not limited to, the following precautions: - The boater will be required to attend to the fuel nozzle at all times to avoid spillage into the water. - A vent collection device will be used to capture fuel that may escape from the vent. - Surface overflow will be contained by absorbent pads rather than hosing down the oVerflow fuel into the water. The absorbent pads will be disposed of in a proper disposal container. - Install a fuel sPill kit With absorbent pads and booms in a readily accessible location at the fuel dOck for use by boaters. Maintain the container so that it is highly visible, easily accessible, and unlocked. TIMEFRAME: Effective upon completion of construction. PETROLEUM: Spill & Recovery Plan ISSUE: Petroleum spills Cause pollution, and if not contained, can threaten aquatic plant and animal life in the surrounding waters. BMP: Marina staff will be certified in petroleum spill containment, instructed in procedures for proper spill response, and will maintain will be FE3 1o 200~. petroleum containment. Precautionary measures, containment equipment, and agencies to notify will include the following: - Names, location and hours, telephone numbers and radio frequencies of the local responder, USCG, FFVVCC, State Warning Point 24 hour, and madna management will be posted on site. - Marina information including vessel characteristics, waterfront facilities, type and amount of petroleum stored, a list of spill equipment location and capabilities on site, and local third party cleanup organization will be kept in the Harbor Masters office. -Oil spills on land: Oil spills shall be collected and put into the waste container. Oil residues may be absorbed with "spill-dry" or a similar product and shall be disposed of by a waste transporter permitted to handle such wastes and records must be retained for inspection. -Fuel spills on laud: Spilled diesel fuel shall be collected and placed in the waste container. Uncollectible residual amounts may be absorbed. Using "spill-dry" or other petroleum absorbent materials and shall be disposed by of a waste transporter permitted to handle such wastes, and records must be retained for inspection. Spilled gasoline shall be collected and placed in the waste container. Residues remaining on the ground may be absorbed with "spill dry" or absorbent pads, but the absorbent material must be thoroughly aerated before disposing with the regular trash to remove gasoline vapors. --Spills on water: There shall be kept on hand a floating containment boom large enough to enclose the area of surface water where a spill may reasonable occur, but with a minimum length of forty (40) feet. Petroleum absorbent materials shall also be kept available to absorb spills on the surface water. Reporting requirements for fuel spills shall be followed as per State and Federal regulation. PETROLEUM BYPRODUCTS: Bilge Maintenance ISSUE: The operation and maintenance of inboard engines are sources of oil and grease in bilges. Discharged bilge water, with accumulated petroleum products, is a source of pollution in madnas. BMP: Reduce or eliminate oil content in bilge water and monitor discharges. MethOds to be employed by marina management will include the following: -, Educate resident and guest boaters on the importance of maintaining bilge water free of petroleum products. Encourage boaters to conduct periodic inspections of engine components and to repair leaks and eliminate spillage. -- Encourage use of absorbent pads. Make them easily available to all boa' reasonable costs for use in minimizing oil in the bilge. Use drip pan ers a~C,E~A ~i' wit~- - FEB 1.0 200~ absorbent pads while draining oil from the bilge. Keep ali engines well tuned; regularly check seals, gaskets, hoses and connections for leaks and drips. Place oil absorbent material or bioremediating bilge booms in the bilge. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: "Flag" .or report observations of petroleum product discharge to the owner of the vessel from which the discharge originated. Require immediate inspection of the bilge by the owner to determine if oil is leaking into the bilge. Provide absorbent pads at reasonable cost to the owner to contain any oil leakage. Provide a secure vessel to transport saturated pads to a suitable upland disposal site. Provide the owner with information from the education program, and inform him or her of the availability of absorbent pads at the ship's store. If the boat owner is absent, containment booms will be placed around the boat and the owner notified of the problem. All clean-up will be at the expense of the boat owner. PETRULEUM PRODUCTS MAINTENANCE PLAN: -Storage tank and fuel syStem maintenance will be performed according to Collier County Code. UPLAND AREAS STORMWATER MANAGEMENT: Upland Runoff ISSUE: The existing facilities do not have a stormwater management plan in effect. Currently all stormwater is allowed to run off into marina. BMP #1: Implementation of a stormwater management plan, which will prevent untreated stormwater runoff to reach surface waters. TIMEFRAME: Effective upon completion of construction. MONITOR: Inspect stormwater systems per the approved maintenance schedule to determine if they are working properly. Remove debris and other materials that have accumulated and take any other measures necessary to maintain the stormwater systems proper function. PETROLEUM BYPRODUCTS: Used Oil and Other Petroleum Products ISSUE: Resident boaters conduct limited maintenance of their vessels their slips. Maintenance, typically changing of engine oils, oil and separators, repair of injection nozzles and other routine maintenance pro, within vateP~OENOA FEB .1 0 200~ 'contaminates and used products that require a convenient means of proper. disposal. ' BMP: Provide separate, appropriate, and readily accessible disposal containers for petroleum products. Containers must be managed to assure they are not contaminated with a mixture of fuel and oil. All containers storing used oil will be covered and located in an area that has a secondary form of containment, such as a perimeter berm. Maintain proper documentation regarding waste oil disposal by reporting to the Harbormaster or designee. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily BATTERY MANAGEMENT: Lead Acid, and Rechargeable Batteries ISSUE: Lead acid batteries contain a wet electrolyte sulfudc acid solution, which can spill if the cell caps are removed or missing, if the battery is not properly anchored down, or if the battery case cracks. These batteries also contain several pounds of lead, which, along with the acid electrolyte, may be a contributor to elevated levels of lead in the environment. Smaller, dry cell, nickel-cadmium and sealed lead acid rechargeable batteries, if improperly discarded into the marina basins, may also contribute to degraded water quality. BMP: Educate boaters and marina staff regarding battery recycling and provide for designated, secure areas where batteries that are no longer usable can be stored for recycling. All batteries shall be stored on an impervious surface such as concrete, fiberglass or plastic, with sides to contain spilled electrolytes and under cover from rain with all cell caps in place. Handling of batteries over the water surface and on docks shall include use of containers to hold batteries during transport to minimize potential for spillage of battery acid, or loss of batteries. The storage of batteries on docks is prohibited. Post signs in the service area and at the battery storage building to alert the public to the proper disposal procedures for lead acid and rechargeable batteries. Include the 1-800-8-BATTERY phone number for nickel-cadmium battery recycling information. Ready-made signs and fliers for these batteries may be available from the Rechargeable Battery Recycling Corporation (RBRC). Call 352-376-6693 or check the RBRC web site at www. rbrc.com for information. Include the DEP information line phone number of 1-800-741-4DEP and DEP web site at www. dep.state.fl.us for help in recycling batteries or other mater ACtA rrEM FEB 1 0 200~ Place flyers in Customers' bills or other correspondence on a quarterly baSis reminding them of the battery disposal policies in the marina. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Inspect the battery disposal location daily for the purpose of maintaining all batteries in an upright position in the proper containment location. HAZARDOUS WASTE - Household Byproducts ISSUE - Every-day products used to maintain and operate boats and surrounding service operations may generate hazardous waste byproducts. Typical hazardous wastes generated by boaters include solvent paint waste, used batteries, mercury containing bilge pump switches, old gasoline, and out of date flares. BMP: Place ignitable paint waste and old gasoline in closed containers so the waste vapors do not escape into the air or create a fire hazard. Consider reuse before disposal. Out-of-date flares that have not been exposed to water, or that have incurred damage other than exposure to water, may be kept on the boat as long as the Coast guard required number of in-date flares in good condition are also on board. When possible, use paints that are not solvent based. Buy bilge pump switches that do not contain mercury. The marina management will provide information and locations suitable to dispose of solvent and paint waste, mercury containing bilge pump switches, old flares, old gasoline, and other potentially hazardous or toxic materials. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily. Recycle products on a monthly basis. HAZARDOUS WASTE - Liquid Material Management ISSUE: Hazardous liquid materials such as waste fuel, used oil, spent solvents, and spent antifreeze can reach the marina basin if not properly handled and disposed of. BMP: Provide and maintain appropriate storage, transfer, containment., and disposal facilities for hazardous liquid material, such as used oil, harmful spent solvents, waste antifreeze and paint, and encourage recycling of these materials. Management policies as part of the second phase of the project will include the following procedures. FEB 1 0 200~ Provide separate labeled containers for the disposal of waste oil; waste gasoline; used antifreeze; and waste diesel, kerosene, and mineral spirits. (40 CFR 262.34) Provide CLEARLY 'MARKED designated areas for storage of hazardous materials. Build'curbs, berms, or other barriers around areas used for the storage of hazardous liquid material to contain spills. Store materials in materials impervious to the type of material stored. Include overhead cover to prevent rain penetration. Instruct marina patrons as to the proper disposal of all liquid materials through the use of Signs, mailings, and other means. Insert language into sliP rental agreements and service contracts requiring the disposal of hazardous liquid materials in the proper containment facilities. Provide recognition and incentives to those boaters who can document the use of proper hazardous waste management techniques. Maintain a spill contingency plan for hazardous materials. The spill response plan for hazardous materials shall be integrated into the oil spill response plan. ECO VENTURE WIGGINS PASS LIMITED will maintain an ongoing contract with Sea Spill or similar spill response provider as part of the spill contingency plan. A sign will be posted at the fuel dock outlining procedures to address a fuel or other hazardous matedal spill. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily for proper use. Monthly for recycling. WASTEWATER MANAGEMENT ISSUE: Boat owners may discharge wastewater into state waters if there are not pump-out facilities available. BMP: ECO VENTURE WIGGINS PASS LIMITED will construct a wastewater collection system, This collection system will provide connections to the sewage pump-out facilities and the fish cleaning station at the marina. TIMEFRAME: Effective immediately upon completion of conStruction. MONITORING: A record of pump-outs shall be maintained by the Harbormaster. The wastewater collection system shall be maintained and monitored by ECO VENTURE WIGGINS PASS LIMITED staff, in aCCordance with Manufacturer'S specifications. The staff will be trained and certified in the maintenance, of ~_~,-' . wastewater collection. ^c,r~o^ rmM_ FEB.1`0 200~. ~,g. /.~/ l?-Basinger fine sand This nearly level, poorly drained soil is in sloughs and poorly defined drainageways. Individual areas are elongated and irregular in shape, and they range from 20 to $00 acres in size. The slope is 0 to 2 percent. ' Typically, the surface layer is grayish brown fine sand about 3 inches thick. The subsurface layer is light gray fine sand to a depth of about 25 inches. The subsoil is brown fmc sand to a depth of about 44 inches. The substratum is brown fine sand to a depth of about 80 inches. In 95 percent of the areas mapped as Basinger fine sand, Basinger and similar soils make up 83 to 98 percent of the map unit. In the remaining areas, the Basinger soil makes up either a higher or lower percentage of the mapped areas. The characteristics of Malabar soils are similar to those of the Basinger soil. The dissimilar soils in this map unit are small areas of Immokalee soils on flatwoods. These soils make up 17 percent or less of the map unit. The permeability &this soil is rapid. The available water capacity is low. Under natural conditions, the seasonal high water table is within a depth of 12 inches for 3 to 6 months during most years. During the other months, the water table is below a depth of 12 inches, and it recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow, slowly moving water for about 7 days. The natural vegetation consists of scattered areas of South Florida slash pine, cypress, cabbage palm, saw palmetto, waxmyrtle, blue maidencane, sand cordgrass, pineland threeawn, chalky bluestem, and St. Johnswort. This soil is poorly suited to cultivated crops because of the wetness and droughtiness. With good water-control and soil-improving measures, this soil is suitable for many fruit and vegetable crops. A water-control system is needed to remove excess water during wet seasons and to provide water through subsurface irrigation H-1 during dry seasons. Becamse of the rapid permeability, the water table is difficult to maintain. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Applications of fertilizer and lime should be based on the needs of the crops. With proper water-control measures, the soil is moderately-suited to citrus. A water-control system that maintains good drainage to an effective depth is needed. Planting on raised beds provides good surface and internal drainage and elevates the trees above the seasonal high water table. Planting a good grass cover crop between the trees helps to protect the soil from blowing when the trees are younger. With good water-control management, this soil is well suited to pasture. A water-control system is needed to remove excess water during the wet season. This soil is well suited to pangolagrass, bahiagrass, and clover. Excellent pastures of grass or a grass-clover mixture can be grown with good management. Regular applications of fertilizer and controlled grazing are needed for the highest possible yields. This soil is well suited to range. The dominant forage consists of blue maidencane, chalky bluestem, and bluejoint panicum. Management practices should include deferred grazing. This Basinger soil is in the Slough range site. This soil has severe limitations for n~ost urban uses because of the high water table. It has severe limitations for septic tank absorption fields because of wetness and poor filtration. Building sites and septic tank absorption fields should be mounded to overcome these limitations. This soil also has severe limitations for recreational development because of wetness and the sandy texture. The problems associated with wetness can he corrected by providing adequate drainage and drainage outlets to control the high water table. The sandy texture can be overcome by adding suitable topsoil or by resurfacing the area~ This Basinger soil is in subclass IVw. apabi]~NDA ITEl FEB .I'0 200 3~-Urbnn iand-Holopaw-Basinger complex These nreas of Urban land and nearly level, poorly drained soils are in urban areas. Individual areas are blocky to irregular in shape, and they range from 20 to 500 acres in size. Typically, Urban land consists of commercial buildings, houses, parking lots, streets, sidewalks, recreational areas, shopping centers, and other urban structures where the soil cannot be observed. Typically, the Holopaw soil has a surface layer of dark gray fine sand about 5 inches thick. The subsurface layer is fine sand to a depth of about 52 inches. The upper part of the subsurface layer is light gray, and the lower part is light brownish gray. The subsoil extends to a depth of about 62 inches. The upper part of the subsoil is dark grayish brown fine sand, and the lower part is dark grayish brown frae sandy loam. The substratum is gray loamy frae sand to a depth of about 80 inches. Typically, the Basinger soil has a surface layer of grayish brown fine sand about 3 inches thick. The subsurface layer is light gray f'me sand to a depth of about 25 inches. The subsoil is brown fine sand to a depth of about 44 inches. The substratum is brown fine sand to a depth of about 80 inches. In 90 percent of the areas mapped as Urban iand-Holopaw-Basinger complex, Urban land makes up about 45 percent of the unit, the Holopaw soil makes up 'about 35 percent, and the Basinger soil makes up about 20 percent. In the remaining areas, the major components make up either a higher or lower percentage of the mapped areas. They occur as areas so intricately mixed or so small that mapping them separately was not practical. The Holopaw and Basinger soils may have been filled or reworked to accommodate urban land uses. The permeability in the Holopaw soil is moderate to moderately slow, and the available water capacity is moderate. The permeability in the Basinger soil is rapid, and the available water capacity is iow. Under natural conditions, the seasonal high H-2 water table is within a depth of 12 inches for 3 to 6 months during most years. During the other months, the water table is below a depth of 12 inches, and it recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow, slowly moving water for about 7 days. Most areas have had a drainage system installed to help to control the seasonal high water table andthe runoff. The present land use precludes the use of this map unit for cultivated crops, citrus, or tame pasture. Because of the complexity of this map unit, onsRe investigations should be made for urban and recreational development and for septic tank absorption fields. This map unit has not been assigned a capability subclass. FEB.1 0 208 3S-Urban land-Aquents complex, organic substratum This map unit consists of Urban land and soil materials that have been dug from different areas in the county and have been spread over the muck soils for coastal urban development. Individual areas, are blocky to irregular in shape, and they range from 20 to 300 acres in size. The slope is 0 to 2 percent. Typically, Urban land consists of commercial buildings, houses, parking lots, streets, sidewalks, recreational areas, shopping centers, and other urban structures where the soil cannot be observed. The depth of fill material used in the construction of urban areas ranges from 30 to more than 80 inches. No single pedon represents Aquents, but a common profile has a surface layer of mixed yellowish brown, light gray, and grayish brown fine sand that has about 15 percent limestone pebbles and shell fragments to a depth of 38 inches. Below this, to a depth of 80 inches or more, is dark reddish brown muck. In 90 percent of the areas mapped as Urban landoAquents complex, organic substratum, Urban land makes up 60 to '/5 percent of the unit and Aquents make up 26 to 40 percent. In the remaining areas, the major components make up either a higher or lower percentage of the mapped areas. Included in mapping are areas that do not have gravelly fill and may contain layers of sandy loam or sandy clay loam fill. The depth to the water table varies depending upon the amount of fill material and the extent of artificial drainage in a mapped area. The present land use precludes the use of this maP unit for other uses. Because of the complexity of this map unit, onsite investigations should be made for urban and recreational development and for septic tank absorption fields. This map unit has not been assigned a capability subclass. 39-Satellite fine sand H-3 This nearly level, somewhat poorly drained soil is on low coastal ridges. Individual areas are elongated .and irregular in shape, and .they range from 10 to 400 acres in size. The slope is 0 to 2 percent. Typically, the surface layer is gray fine sand about 3 inches thick. The substratum is light gray to white fine sand to a depth of about 80 inches. In 95 percent of the areas mapped as Satellite fine sand, the Satellite soil makes up 81 to 100 percent of the map unit. In the remaining areas, it makes up either a higher or lower percentage of the mapped areas. The dissimilar soils in this map unit are small areas of Oldsmar soils in landscape positions similar to those of the Satellite soil. The permeability of this soil is very rapid. The available water capacity is very low. Under natural conditions, the seasonal high water table is at a depth of 15 to 42 inches for I to 6 months during most years. During the other months, the water table is below a depth of 40 inches. The natural vegetation consists of Florida rosemary, sand live oak, South Florida slash pine, saw palmetto, prickly pear, pineland threeawn, and creeping bluestem. This soil is poorly suited to cultivated crops because of the droughtiness. The number of adapted crops is limited unless very intensive management practices are used. With good water-control and soil-improving measures, this soil is suitable for many fruit and vegetable crops. A water- control system is needed to remove excess water during wet seasons and to provide water through subsurface irrigation during dry seasons. Because of the rapid permeability, the water table is difficult to maintain. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Applications of fertilizer and lime should be based on the needs of the crops. AC, E~OA With proper water-control meas~ res, ~.... soil is well suited to citrus. A wate ~.ontrol FE3 System that maintains good drainage to an effective depth is needed. Planting on raised beds provides good surface and internal drainage and elevates the ~ above the seasonal high water table. Planting a good grass cover crop between the trees helps to protect the soil from blowing when the trees are younger. This soil is moderately suited to pasture. Pangolagrass and bahiagrass are adapted species, but they produce only fair yields with good management. Regular applications of fertilizer and controlled grazing are needed for the highest possible yields. This soil is poorly suited to range. The dominant forage consists of creeping bluestem, lopsided indiangrass, pineland threeawn, and chalky bluestem. The dense growth of scrubby oaks, saw palmetto, and other shrubs dominates the desirable forage. Management practices should include deferred grazing and brush control. Livestock usually do not use this range site, except for protection and as dry-bedding ground during the wet seasons. This Satellite soil is in the Sand Pine Scrub range site. This soil has severe limitations for most urban uses because of wetness and droughtiness. It has severe limitations for septic tank absorption fields because of wetness and poor filtration. If this soil is used as a septic tank absorption field, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil also has severe limitations because of wetness and the sandy texture; however, with proper drainage to remove excess surface water during wet periods, many of the effects of the wetness can be overcome. Suitable topsoil or other material should be added to improve trafficability. This Satellite soil is in capability subclass Vis. 40-Durbin and Wulfert mucks, frequently flooded These level, very poorly drained soils are in tidal mangrove swamps. Individual areas are elongated and irregular in. shape, and they range from 50 to 1,000 acres in size. The slopes are 0 to 1 porcenL Typically, the Durbin soft has a surface soil of dark reddish brown to black muck about 63 inches thick. The substratum is dark gray fine sand to a depth of about 80 inches. Typically, the Wulfert soil has a surface soil of dark reddish brown to black muck about 40 inches thick. The substratum is dark gray fine sand to a depth of about 80 inches. Mapped areas can consist entirely of the Durbin soil, entirely of the Wuffert soil, or any combination of the two soils. The two soils were not separated in mapping because of similar management needs resulting from the tidal flooding. The dissimilar soils in this map unit are small areas of Kesson and Pennsuco soils in similar landscape positions. These soils make up about 0 to 10 percent of the unit. The permeability in the Durbin soil is rapid, and the available water capacity is high. The permeability in the Wulfert soil is rapid, and the available water capacity is moderate. The water table fluctuates with the tide. It is within a depth of 12 inches for most of the year. The soil is subject to tidal flooding. The natural vegetation consists of red, white, and black mangroves. These soils are not suited to citrus, cultivated crops, or tame pasture because of the flooding and the high content of salts. These soils have severe limitations for urban and recreational development and septic tank absorption fields. Extensive measures must be taken for urban uses. Adequate drainage outlets are not available, and the cost of site improvement generally outweighs the benefits of urban development in areas of these soils. The Durbin and Wulfert soils are in capability subclass VlTlw. FEB 1 0 200/ RE-SUBMITTAL PUDZ-2002-AR-3158 PROJECT #2002070024 DATE: 4/7/03 FRED REISCHL COCONILLA RESIDENTIAL TOWERS MANATEE PROTECTION PLAN MARCH 2003 PREPARED FOR ECO GROUP WIGGINS PASS LIMITED PREPARED BY HUMISTON & MOORE ENGINEERS This plan is provided in accordance with the recommendations of the May 1995 Collier County Manatee Protection Plan. Marina management meetings with boat owners and all personnel .involved with the marina will be held to outline the manatee protection laws. The purpose of the meeting will be to explain the laws to the owners, penalties for violating the laws, and the need to report all collisions with manatees. All vessel operators using the marina or associated with the madna will be advised to stay within the marked channel, avoid shallow areas, and operate in deep water. If operating in an area With less than three feet clearance, idle speed must be maintained. The channel outside the marina is cleady marked as shown in figure 3 and vessels should operate within the posted speed limits while in the channel. Seagrass areas have also been marked, and should be avoided. Currently there are four signs installed on the property regarding manatees (see figure 3): two large informative-signs and two manatee area caution signs on the docks. These signs will be maintained in a prominent location to make boaters aware of the manatee's presence. Figure I Manatee Awareness Signs. Page I of 3 ACE_NDA ITEM _ FEB 1'0 200~ There are two large metal displays titled "Manatee Basics for Boaters" and "West Indian Manatee Fact Sheet", 'describing manatee habits, habitat, and procedures for boaters to follow to protect manatees. This permanent educational display will be maintained by marina management in a prominent location within the. marina. Figure 2. Manatee Educational Display. Educational literature on the manatee and its habitat shall be distributed to the users of the facility. An example of literature is attached and will be provided as part of a welcoming package to the marina and available in the marina store. Page 2 of 3 AGENOA ITEI~ FEB .! 0 200~! COCONILLA PUD BALD EAGLE MANAGEMENT PLAN Revised May 28, 2003 INTRoDUcTION This bald eagle management plan has been prepared for the 10.45~- acre Coconilla PUD (Project) located in the northwest comer of the intersection of Vanderbilt Drive and Wiggins Pass Road in Section 17, Township 48 South, Range 25 Eash Collier County. This bald eagle management plan has been prepared to address conservation measures for active bald eagle nest CO-019 located offofthe Project. This bald eagle management plan has been prepared to comply with U.S. Fish and W'fldlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida Fish and Wildlife Conservation Commission and USFWS. PROJECT DESCRIPTION The current active nest for bald eagle nesting territory CO-019 is located approximately 830 feet northwest of the Project boundary. The Project is located partially within and just beyond the 1,500 foot second~ protection zone. An aerial photograph (scale 1" = 5007 with project boundary and eagle nest overlay is attached. The Project will be located southeast of the bald eagle nest site and outside of any primary flight paths. Primary flight paths to foraging grounds occur towards open water located southwest, west, and northwest of the eagle nest. The Project will result in the removal and redevelopment of the existing Wiggins Pass Marina. Wiggins Pass Marina is the site of a currently active commercial development that provides 450 dry storage boat slips and 52 wet slips, launch facilities, full service repair facilities, boat rentals, and public fueling facilities. Existing structures include four large buildings, a ship's store, and public fueling facilities. Large diesel powered forklifts facilitate launch of stored vessels. The boat repair facilities store and use chemicals toxic to fish and wildlife including oils, detergents, SOlvents, and paints. There are no native upland or wetland habitat types located within the Project boundary. There is no bald eagle management plan for the existing commercial operation. Following removal of the existing marina facilities, major activities associated with Project development will include dredging of the existing boat basin; excavation in uplands to create an expanded marina basin; construction of one residential tower and ten residential villas; construction of a marina store and fuel facility; and construction of associated infrastm~ ~mg. The including utilities, parking, lighting, surface water management system, and landsca Project will result in the removal of the boat repair facilities and the 450 dry storage Project will reconfigure the existing 52 wet slips. I-1 FEB 1 0 200 BALD EAGLE MANAGEMENT PLAN The following specific elements of the bald eagle management plan address proposed activities occurring within the secondary protection zone identified on the Project as OCCUlTing between 830 and 1,500 feet of the active nest site. Limitations on construction activities during the nesting season will remain in effect until a determination of loss of nest or abandonment is made per the USFWS Guidelines. During the nesting season (October 1 to May 15), a USFWS approved observer will be present to monitor eagle behavioral response to all approved exterior and vertical cons~cfion activities occurring within the secondary protection zone. Construction monitoring during the nesting season will be conducted in accordance with the draft 2002 USFWS monitoring guidelines. 2. Interior and finish construction activities (e.g., drywall, painting, stucco, electrical, plumbing, landscaping, etc.) may occur during the nesting season in the absence of an eagle monitoring protocol. 3. Removal of existing commercial buildings will occur during the non-nesting season {May 16 to September 30). Cleanup activities following removal activities may occur during the nesting season with a USFWS approved monitoring protocol to evaluate eagle behavioral e Erection of cranes used in vertical construction of the residential tower will occur during the non-nesting season (May 16 to September 30). All other activities associated with tower construction may proceed during the nesting season (October 1 to May 15) accompanied by a USWFS approved observer. Residential tower construction will be limited to a height of 22 stories over parking. Auger-cast piles will be used to construct the foundation for the residential tower. 5. Marina basin excavation and pile driving construction activities will be limited to the non- nesting season (May 16 to September 30). 6. Exterior lights on the north side of the Project will be directed downwards or shielded to minimize glare from being directed towards the nesting area. o During the exterior construction phase, annual nesting season bald eagle monitoring reports will be submitted to the USFWS for review. The bald eagle monitoring reports will be used as a basis for evaluating any proposed changes to construction phases or techniques in subsequent nesting seasons. I-2 AP_~NDA ITeM FEB 1 0 20Oq REFERENCES U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region.' 1-3 AOF_NOA IT~ FEB ! 0 200~. ~FIGURE APPROXIPIATE EAGLE NEST LOCATION 750 FOOT BUFFER Z01~ 1500 FOOT BUFFER BOUNDARY WITH EAGLE NEST COCONI! IA PUD NOTI~S; AERIN.. FLOWN BY AERIALS F_~. INC. WITH A FLIGHT DATE O~ NOVEt'IBER PROPERTY BOUNDARY PER RWA, INC. ORAWlNG NO. ~0018Xl7.D~G OATEO APRIL I&, LOCATION OF EAGLE NEST APPROXlt4ATED FROH DRAWINGS PREPARED BY TURR~3,1. & ASSOCIATES, INC. PASSARELLA OVERLAY Co'n,s~i~g DRA~t~I BY: P.F. Ecoto ~.~/.~ FEB 1'0.200~ 10~-:~ uBNll'I-I'A ~, PUDZ-2002-AR-3158 PROJECT 02002070024 DATE: 4/7/03 FRED REISCHL Prepared for: Ecogroup Inc. 601 Bayshore Blvd Suite 960 Tampa, FL 33606 Prepared By FEASINOMICS, INC. 5020 Tamiami Trail North, Suite 120 Naples, FL 34103 239-649-7733 Phone 239-434-8366 Fax www. Feasinomics.com - Homepage AC.,ENDA ITEM No. /~"'---- FEB 1 0 200/.i January 23, 2003 Ecogroup Inc. 601 Bayshore Blvd Suite 960 Tampa, FL 33606 Attention: Mr. Ed Oelschlaeger RE: Wiggins Pass Community Dear Mr. Oelschlaeger, In accordance with your request, we have prepared an evaluation of the economic and fiscal impacts of the proposed community located at the Wiggins Pass in North Naples. Collier County Demographic Profile This section of the report will give you a historical perspective of Collier County demographic growth, including population, income, development trends, land use, transportation and seasonal trends. This historical overview will be used to assist in the growth forecasted outlined in the steps below. Collier County Macroeconomics Analysis This report will outline the general macroeconomic trends'for Collier County and provide you with our summary conclusions. The Supply Componerlt trends are illustrated by reviewing the building permit activity over the past 10 years for Collier County. Each of the permits are further segregated by geographic planning district boundary which allows us to review the growth within each community or region of the counties. - The Demand Component trends are illustrated by reviewing the sales activity over the past 5 years for Collier Counties. This in-depth analysis reviews the sales by location, (planning district) and by product use, (Single Family and Multi- family product).. Objective of the Economics and Fiscal Impact Study The objective of the study is to determine and evaluate the economic and fiscal impacts of development of the subject site based on its current and the proposed use. © 2003 Feas inomics~. Inc. All Rights Reserved 2150 FEB 1 0 200 Pg.. / Intended Use of the Study The intended use of the study is to show the variance between each development scenario. The study will be used for intemal planning purposes and as part of the submission for approval of a development order. Scope of the Study The scope of the study is developed based on achieving the objective outlined above in the report purpose. Economic and fiscal impact timelines will be based on market sales and product pdcing assumptions furnished by the client. Economic Impact The economic impact portion of the report will use market based demographic data to estimate disposable income of the residents who would live at the subject location. After the disposable income estimates have been determined, we will estimate the economic impact for all goods and service categories. Fiscal Impact The fiscal impact portion of the report will determine the impact f~,e generation for the project and estimate the real estate tax generation for the project based on the annual sales pace. Total Impacts will be estimated on an annual basis using pricing and sales pace assumptions provided by the client. Please be aware of the assumptions and limiting conditions, which are made as part of this report. It has been a pleasure to serve you and we thank you for the opportunity to be included as part of your team. If you have any further questions regarding this report, please feel free to contact us. Sincerely, FEASlNOMICS, INC. / Michael J. Timmerman, SRA St. Cert. Res.REA 0001331 CEO & President © 2003 Feas inomics~, Inc. All Rights Reserved G. Russell Weyer Consultant 3150 AGENDA ITEt.~' FEB 1 0 200q TABLE OF CONTENTS 2001 COLLIER COUNTY DEM~ IlIC PROFILE ..... 6 Or.vIEw .................................................................................................................................................................. 6 DEMOGRAPHIC PROFI~ ........................................................................................................................................... 7 HOUSlI~ OGCl~ANCY PROFILE ............................................................................................................................. 10 MACROECONOMIC ANALYS ]~ .... - .11 Ih'I'RODUCTION .......................................................................................................................................................... 11 SUPPLY GOMPO~ ............................................................................................................................................... 11 Collier County Single Family Permit drutlysix .................................................................................................. 13 Collier.County Single Family Market Conclusion~ .......................................................................................... 14 Collier County Multi-family Marke~ .................................................................................................................... 14 Collier County Multi-fa~nily Market Con clusion~ ............................................................................................. 16 CONCT..USIONS FOR M ACROECONOMIC SUPPLY C. OMPO~ .............................................. ~ .................................. 16 DB~IAND COMIn3NE~ ............................................................................................................................................... 17 H_ISTORI~ DEVELOPMENT TRENDS FOR COt J.w'R COD'hrrY ....................................................... ......................... 19 Total Supply Collier County ................................................................................................................................. 19 Collier Sales to Supply Ratio.: .............................................................................................................................. 20 Collier P~peline Sales to Closing Ratio ............................................................................................................... 20 COI .v .na~ COUNTY DEVELOPMENT TRENDS coNCLusIoNS. ................................................................................. 21 NEW PRODUCT TOTALS SORTED BY SALES VOLUME BY ln...tcNNING ~ ....................................................... 21 SUPPLYAND DEMA~ CONCtX~O~ .............................................................................................. ~ ........................ 23 HOUSING MARKET ANAL"~IS ........................... - .............. 23 COLLIER COUNTY MARI~T PROFILE. ....................................................................................................................... 24 Single-Family Design ........................................................................................................................... '. ............... 2,I CURRENT ZONING AND USF, S ........................ i _ - ............... 26 BIGItEST AND BEST US£ 27 IMPACT FEE CALCULATIONS ............................ 28 IivlP^CT FEE CREDITS ............................................................................................................................................... 30 ~.enario 1 Impact Fees ....................................................................................................................................... $1 ~cenario 2 Impact Fees ......................................................................................................................................... $ 2 Scenario $ ]mpact Fees ....................................................................................................................................... $ $ PROPERTY MILLAGE RATE ........................ 34 ECONOMIC IMPACT ANALYSIS - - 34 LOCAL MARKET IMPACTS DEFINITIONS OF DESIGN .............................................. © 2003 Feas inomics~, Inc. All Rights Reserved 4/5O AGENDA ITEM": FEB,1 0 200 PRODUCT I~_~'I~I DI~IF~FIOHS. ........................................................................................................................ 38 ~ TY~ DEFlaTIONS ........................... ~ ......................................................................................... 42 UNDERLYING ASSUMPTIONS AND LIMITING COND ri'IONS CERTIFICATION OF MARKET STUDY. RESTRICTION UI~N DIS CLOSURE AND USE ............ QUALIFICATIONS OF THE CONSULTANT. COPYRIGHT, TRADEMARK AND LEGAL DISCLAIMER .... TERMS AND CONDmONS OF USE ........... 44 ........ 46 47 .... 48 51 © 2003 Feas inomics~, Inc. All Rights Reserved 5151 ITEM FEB .1 0 200 2001 COLLIER COUNTY DEMOGRAPHIC PROFILE Overvbw Collier County is located in Southwest Flodda. It is bordered to the north by Lee and Hendry counties and to the east by Broward and Miami-Dade counties. Collier is currently the state of Florida's 18th most populated county. Collier's population is 265,769 according to the most recent Census Bureau estimates as of July 1, 2001. The Naples MSA, which includes all of Collier County, is the 2~ fastest growing metropolitan market in the nation. Collier County's population increased 65 percent from 1990 to 2000, adding 99,278 persons to the total population. Dudng the winter season, which typically lasts from November through Apdl, Collier's population dses by an estimated one-third. Collier County is connected to the Interstate 75 transportation network that connects Collier to Tampa to the north and to Miami to the east. A $386 million expansion of Southwest Florida International Airport is in progress and is expected to be completed in 2005. Southwest Flodda International Airport is one of the nation's fastest growing airports, serving more than 5 million passengers each year since 2000. © 2003 Feas inomics~, Inc. All Rights Reserved 6/51 FEB 1 0 200 The demographic profile is a compilation of population, household and income statistics from the Census Bureau and other national data sources. Below is the demographic profile for Collier County and the State of Florida for comparison. Demog~ohic Profile Collier Florida Population, 2001 estimate 265,769 16,396,515 Population, 2000 Census 251,377 15,982,378 Population, percent chan~e, April 1, 2000 - July 1, 2001 5.7% 2.6% IPopulafion~ 1990 152~099 12t938,071 iPol3ulalJon. Dement cha .r~le 1990 to 2000 65.3% 23.5% Population, numeric cha ,m:le 1990 to 2000 99,278 3,044~307 Median Age. 2000 44.1 38.7 Population under 18 19.9% 22.8% Population 65 and over 24.5% 17.6% Households. 2000 102.973 6,337,9~ Persons Per Household, 2000 2.39 2.4R Median Household Income, 1999 $48,289 $38,819 Per Capita Income, 2000 $40.121 $27,764 Effective Bu~ng Income (EBI), 2002 $8,099,309,000 $310,875,218,000 Median Household EBI, 2002 ~,47,548 ~35,363 Land Area {square miles) 2,ri'PR 53,927 Persons per square mile. 2001 131.2 304.1 Persons per square mile, 1990 75.1 239.9 Source: U.S. Census Bureau; 2002 Survey of Buying Power The most recent Census Bureau population estimates indicate there are 265,769 persons living year-round in Collier County and its communities of Naples, Everglades City, Golden Gate, Immokalee and Marco Island. Collier County has been the 2"~ fastest growing metro market in the U.S. since the 1980 Census. Collier's population figures are expected to increase as new development arises in northern and southem Collier County. According to the University of Florida Bureau of Economic and Business Research, Collier's population is projected to reach 536,900 by the year 2030. The median age in Collier County of 44.1 years is 5.4 years higher than the state's median age of 38.7 years. Currently, working age people (18-64) make up 56 percent of the population. As of the 2000 Census, there were a total of 102,973 households in Collier County with a median household income of $48,289. This is 24 percent higher than the median household income for Florida, which is $38,819. Collier County has a total land area of 2,025 square miles with 131 persons ,?r square mile versus 304 persons per square mile for the State. © 2003 Feas inomics~, Inc. All Rights Reserved 7151 AC~NDA I'I'E~ FEB 1 0 200zt The economic profile provides a snapshot of the economic strength of Collier County and the State of Florida, It includes information on total labor force, employment, unemployment rate, retail sales, employment by industry and largest employers. _F _ _e~momlc Profile Collier Florida' Populatkm, 2001 Eslimate 265,769 16,396,515 Labor Force, 2001 108,014 7,674,000 Labor Force, 2000 100,339 7,490,000 Labor Force, 1990 72,944 6,468,000 I =_ho~-_. Force, percent chanf::le 1990 to 2000 37.6% 15.8% I =_hot_. Force, numeric change 1990 to 2000 27,395 1,022,000 L_~_ho_r Force Par'dcipafloo Rate, 2001 41% 47% Employment, 2001 103,793 7,309,000 Employment~ 2000 96~826 7~221 Employment, 1990 69,063 6,078,00C Employment, percent chan,qe 1990 to 2000 40.2% 18.8% Unemployment Rate, 2000 3.5% 3.6% ~Unemployment Rate, 2001 3.9% 4.8% iMean Travel Time to Work (minutes) 24.0 26.2 Retail Sales, 2002 ~,4,484,728,000 $211,717,499,000 Retail Sales, 2001 $4,325,671,000 $213,757,056,000 Retail Sales, per capita 2001 $16,276 $13,037 Source: U.S. Census Bureau; 2002 Survey of Buying Power;, Florfda Labor Market Statistics, 2002 The total labor force in Collier County was 108,014 in 2001. Dudng the ten year pedod from 1990 to 2000, Collier's labor force grew 37.6 percent, compared to Florida's labor force growth rate of 15.8 percent dudng the same time pedod. The labor force participation rate in collier county is lower than the state of Florida due to the number of retired baby boomers in Collier County. The labor participation is expected to increase as new transportation and education infrastructures related to the expansion of Southwest Flodda Intemational Airport and Fl°dda Gulf Coast University mature. Local employers in Collier County are able to draw from the five-county Southwest Flodda region of Lee, Collier, Charlotte, Glades and Hendry counties. The labor force of the region is 351,483 people and is projected to grow 24 percent between 2000 and 2010. The average travel time to work for Collier County's labor force is 24 minutes, slightly lower than Florida's overall average travel time to work of 26.2 minutes. © 2003 Feas inomics~, Inc. All Rights Reserved 8/51 AGEJ~:)A ITEM No. FEB 1 0 200 The economic structure of Collier County is very similar to Flodda. The three largest private sector industries are services, retail and construction for both Collier County and Florida. In Collier County, 68 percent of the total employment is within these three industries. Employment by Industrj, 2000 100% 80% 60% 40% 20% 0% Florida Collier · Mining · Transp ~ FIIIRIE B Government a Constru~Jon Source: Ftodda Department of Labor and Employment Security, Labor Market Information, 2002 While Collier County's unemployment rote has historically been Iow (3.9 percent in 2001) underemployment allows businesses offering higher paying jobs to draw from a large labor pool. Florida Gulf Coast University, the state's tenth and newest university, opened in August 1997 to serve the higher education needs of the business community of Collier County and Southwest Florida. The university will continue to be a catalyst for new commerce growth in the next ten years. Total retail sales in Collier County were close to $4.5 billion in 2002. Retail sales per capita for Collier County were $16,276 in 2001 compared to Florida's retail sales per capita of $13,037. Located below is a list of the majoremployers with more than 800 employees. Source: Dun & Bradstree~ iMarket Inc., 2002 © 2003 Feas inomics~, Inc. All Rights Reserved 9/51 The housing profile is based on 2000 Census data. The comparison provides information on total housing units, occupancy status, household type, and homeownership rates. © 2003 Feas inomics~, Inc. All Rights Reserved Collier FIc~cla Total Housing Units, 2000 144,536 7,302f94.7 Occupied housing units 71.2% 86.8% Vacant housing units 28.8% 13.2% Occupied housing units, 2000 102,973 6,337,929 Owner-occupied housing units 75.6% 70.1% Renter-occupied housing units 24.4% 29.9% Vacant housin~l unlt~ 2001) 41~563 965,018 For rent 6.6% 20.2~ For sale only 5.0% 10.5~ Rented or sold, not occupied 2.8% 5.5~ For seasonal, ~~ or occasional use 82.6% 50.0~{ For migratory wooers 0.2% 0.2%1 Other vacant 2.8% 13% Households by Type, 2000 102~973 %337~929 Family Households 69.2% 66.4% Non Family Households 30.8% 33.6% Homeownemhip Rate~ 2000 75.6% 70.1% Source: U.S. Census Bureau, 2000 Census According to the U~S. Census Bureau, there were 144,536 housing units in Collier County in 2000. Of these housing units, 71.2 percent were occupied and 28.8 percent were vacant. Collier County's vacancy rate of 28.8 percent is significantly higher than the dverall state vacancy rate of 13.2 percent. Of the total occupied housing units, in Collier County, 75.6 percent are owner- occupied while 24.4 percent are renter-occupied. A :housing unit is owner occupied if the owner lives in the unit even if it is mortgaged or not fully Paid for. A renter-occupied housing unit includes all occupied units that are not owner- occupied, whether they are rented for cash or occupied without payment of rent. Collier County has a higher owner-occupied rate of 75.6 percent compared to Florida's 70.1 percent. Of the vacant housing units in Collier County, 82.6 percent are for seasonal, recreational or occasional use versus only 50 percent in the State of Florida. This is due primarily to the strong tourism and seasonal resident market in Collier County that attracts visitors to the area year-round. __ Pg'~ MACROECONOMIC ANALYSIS The Macroeconomic analysis provides insight into the Collier County supply and demand trends by reviewing pertinent permit and sales data. The supply component reflects the permit b'ends for Collier County as segregated by Submarket and by product type, either single family or multi-family. By segregating the data into submarkets (according to planning districts), it is easier to isolate which submarkets are capturing the greatest permit activity, and for what product type. After isolating the trends for each submarket, a conclusion explaining an overall analysis of the supply trends is given. The demand component of the macroeconomic analysis reviews the sales data for new product in the marketplace. This data is presented using the same submarkets as the supply component so that a comparison of each side of the economic picture can be made. The demand analysis reflects the closed sales volume and pipeline sales volume through the 3rd Quarter of 2002. This analysis will show which sub-markets are capturing current demand with the pipeline showing what areas are seeing future growth. Finally, a comparison of the supply and demand factors for each submarket will be presented with conclusions on what submarkets are experiencing the most overall activity. These conclusions will answer the following questions; What submarket is capturing the most market share? What product type within that submarket is capturing the most market share? What submarket has the greatest pipeline market share and why.? The supply component reviews the permitted units for collier County and their respective submarkets. There are ten planning districts designated by the Collier County Planning Department that segregate Collier County. Each of the municipalities' geographically codes the permit data using these districts. For purposes of this report, the districts will be referred to as submarkets. Single family and multi-family product types separate the permit data. Single- family designs would include any detached one unit residential structure while multi-family includes any multi-unit structure, which has attached walls. The data referenced in the chart reflects all 10 years with the graphs reflecting the past 5 years. Located below is a map showing the submarkets for both Lee and Collier Counties. ©2003 Feasinomics~, Inc. All Rights Reserved 11151 AGENDA ITEl-' No. 1 0 Submarket Map © 2003 Feas inomics~, inc. All Rights Reserved 12/51 FEB 1 0 20(~ P~.~ Located below is a graph showing the historical single family permit activity for Collier County from 1990 to the end of 2001. This report illustrates the data as segregated by submarkets to illustrate the annual permit patterns. ColHer Single Family Permitted Units by Planning District Pmv Yr ~ E:a~te~ 2~3 21:3 236 217 2~ 294 334 41'7 ~ ~ 74 ~ B6 ~ 1~ 81 1~ ~ ~ 259 ~7 211 1~ 117 1~ ~ ~ 94 132 113 ~ 1~ I~0 1~ 119 M~ ~ 157 107 149 152 1~ ~1 1~ R~ ~ 313 ~3 ~ ~ 305 411 R F~ ~r 9g 47 49 51 ~ ~ 38 To~i 1~ 14~ 1~ 1~ 1~ 1~ 1~ 1~1 Total % ~f Totml ~41% 1L74~ 9.~ 1.,~ © 2003 Feas inomics~, Inc. All Rights Reserved As shown from this data and chart, the North Naples, Urban Estates and Rural Estates submarkets have historically produced the majority of the single-family development in Collier County. The North Naples and Urban Estates submarkets are located north of Pine Ridge Road and West of SR 951, in the northern half of the county. These two submarkets offer development of both single family and multi-family product. The Rural Estates submarket is located primarily in Golden Gate Estates, which offers large tracts of land ranging from 1.25 to over 5 acres for single-family development. Within the Rural Estates submarket, there are very few parcels of land available for assemblage. Currently, lands located outside the urban boundary (1 mile east of SR 951) are under a state-mandated 13151 FEB 1 0 200q moratorium. This area is under a study by the state for alleged Growth Management Plan violations. Concentrating on the statistics for 2001, we find that there were several submarkets that saw a reduction in permits from the previous year. This is the ' first year, since 1998, that there has been a decrease in the annual permits. Typically, the annual permit trend reflects a year of increases followed by a year of decreases. This wavelike trend reflects the buildup and sell-off of new homes in the market. The 2001 decrease over 2000 was 10.45%, the largest 1-year reduction since 1990. This decrease was most noted in North Naples, East Naples and South Naples. The areas that remained consistent from last year were Urban Estates and Rural Estates. These submarkets are enjoying good permit activity due to their convenient location and reasonable pricing. Based upon the data presented above, it appears the supply of new single-family homes is shifting to the more affordable areas of Collier County, (i.e. Rural Estates, Urban Estates). Those areas with a higher land cost are experiencing limited supplies of land for development due to their superior location. The chart below represents the multi-family permit activity for the ten planning districts in western Collier County. As illustrated below, the areas that have experienced the most multi-family permit activity over the past 2 years are North Naples, Urban Estates and South Naples. © 2003 Feas inomics~, Inc. All Rights Reserved 14/51 C~lli.~' Multifamily Permilt. ed Units by Planning District 1990 lg91 19~ t993 19~4 1995 1996 1997 t~ 1998 ~ 2e~1 ~ Yr ~ ~ 1,~2 7~ 1~113 719 ~9 714 ~ 1~ 1;~6 1,~9 ~ 789 U~ ~ 14 4 I~ ~ ~8 118 1~ ~ ~ ~ ~ 1~9 1~ ~1~ 111 ~ 1~ ~ ~ ~ ~ ~ ~ 91 ~ 112 ~ 618 ~0 ~ 116 142 118 ~ ~ 424 ~ ~ 8~ ~~ I~ 108 ~ 74 42 .~ ~ - 43~ ~ ~ 10 '~"-- ~ 18 1~ 113 105 11, ~ ~ 4., ~1 ~ ~. ~ 4 41 1~ 15 5 ~ 6 ~ ~ ~~ ' ' ~ ~ ~ 1~ ~ 476~ T~ 3,1~ 1~ ~2 1~ 1.~ 1.~ ~ ~ ~ ~ ~ ~ %ellngdPtYr 47.1% &1% 4L~/, :~Jt~ -1Lf/, ~lJ% ~.F/, H.4~ 4.4~ 4,.4% 3L3% Told e/,cd' Tolld 17.,4~7 4t.36'% 4324 1,225 4.08'4, 4,B04 1L01% S91 1.97% 3,4~4 11.S4% 1,288 4.23% S81 1.87~, 245 t,21e 4.05% Each of these areas offers multi-family product, which caters to a specific sector of the market. These market sectors are defined by pi'ice and product design. Typically, North Naples product is located Within Master Planned communities offering hi-rise product or larger coach home product. This North Naples location provides for the highest average multi-family pricing. The Urban Estates area offers coach home and garden style product within master planned communities or infill projects. The Urban Estates submarket typically offers a mid-priced product. The South Naples submarket offers a lower priced product of garden and coach home design as compared to Urban Estates. A major factor for the lower pricing of product in South Naples is its location further from the beaches and cultural centers of North Naples. The land cost in this area is also more affordable. © 2003 Feas inomics~, Inc. All Rights Reserved 15151 FEB 1 0 200 The Rural Estates multifamily product increased substantially due to the developing product within Vanderbilt Countq/Club and the introduction of several new multifamily communities. Overall, the multifamily market saw an increase of 38% over 2000. This increase is due to several new communities in these afore mentioned areas. This increase is also noted and is a direct reaction to the increase in building impact fees, which went into effect on January1,2002. Located below is a chart showing the moving averages of permit activity in Collier County. As we can see from the Collier County permit activity, the single-family product has continued its steady increase of approximately 2000 units per year. The multifamily product has begun a slow decline due to four consecutive years of increased activity, which began in 1995. The increase in multi-family development in Collier County is due to its more affordable price and the fact it offers and altemative to higher priced product in Master-Planned communities. By studying both the multi-family and single-family product lines, we see there is steady growth within large developments for both product types. Since 1998, we have seen a shift in the product design from multi-family units to single-family units. This is a supporting factor illustrating the shift in the markets desire for © 2003 Feas inomics~, Inc. All Rights Reserved 16/51 AC,~D^ rra~ .o. FE9 1 0 200 single-family product. This shift in design has been a factor in the median price increases for Collier County. The current softening of the economy is. having a direct result in the increase in mulfifamily product simple due to price considerations.' Based on the markets desire for a single-family home, pricing will be a strategic factor in the near future. The demand component studies the sales trends for all of Collier, Lee, and Charlotte Counties as segregated by location and product type. The analysis reviews the sales from 1996 through the end of 2001 by planning district and by product type along with a new sale to resale ratio for the past five years. The data presented below reflects the combined sales of single-family and multi- family products. 9.867 13,456 3795 27,118 10,374 14,196 4012 28,582 12.403 15.625 4212 32.440 13,261 18,944 4788 36,993 14,100 21,150 5200 40,450 15,745 22.951 5978 44.674 S.14% 5.50% 5.72% la.S~*& 11.48°/4, 4.99% 13.S0~ 6.92% 19.71% 13.~% 14~ 11.6~ 8.5~ 14.~ 201,987 S 142,9(~'~ $ 82,46~ $ 142,479 212.2'33 S 150.4~1 S 8.9.4?8 S 150.714 235,982 $ 158,965 $ 95.790 $ 163,579 260,608 $ 176,325 $ 101.106 $ 179,346 278.256 $ 195,152 S 110.231 $ 194.546 335,206 $ 208,453 $ 168,230 $ 237,296 S 1,993,005,729 S 1,924,033,072 S 312.lM7,085 S 3.863,745,522 S 2,201,705,142 S 2,135,518,476 S 358,985,736 $ 4.307',707,548 S 2,926,884,746 S 2,515,621,125 $ 403,450.271 S 5,306.502,760 $ 3,455,922,688 S 3,340,300,800 $ 484,096,300 $ 6,634,558,909 $ 3.923.409.600 $ 4,127,464,900 $ 551,155.000 $ 7.869.399,183 $ 5.277,818,470 $ 4,784,204,803 $ 1.005.678.940 $ 10,600,976,395 © 2003 Feas inomics~, Inc. All Rights Reserved 17151 AGENDA I'TEIVl No. FEB 1 0 200 8847 4609 13456 34.25'Y,, 9340 4856 14196 34.21% 10985 4840 15825 30.58% 12568 6376 18944 33.66~ 14892 6458 21150 16785 6166 22951 26.87~ Florida County Map © 2003 Feas inomics~, Inc. All Rights Reserved 18151 FEB .1 0 200~ ~,g.-- /.5-/. There are several trends, which are evident in the previous data. First, the number of sales for 2001 in Collier County was up 11.67% with an increase of 8.52% in Lee County. The Collier increase is higher than in 2000, due to the appeal of the Collier County markeL The 8.52% increase in sales for Lee County is a result of growth within Cape Coral and Lehigh Acres, along with the new development in southern lee County. The average pricing in both counties increased by over 2000, with Collier's increase 20.47% and Lee counties increase a more moderate 6.82%. The market reflects Collier County's average price at $335,206 and the average Lee County property increasing to $208,453. This pricing index has spurred an increase in the development of rental apartments within both counties. The market share of new home sales decreased in Collier County from 32.84% in 2000 to 29.09% in 2001. This reduction in new home market share is reflective of the increased pdcing evidenced in Collier County. The market share of new home sales in Lee County also dropped from 30.53% in 2000 to 26.87% in 2001. Overall, the dynamics for both counties are very good. Price sensitivity and limited supply appear to be affecting the Collier sales numbers. The sales increase in Lee County is due to the increases in southern Lee County and within Lehigh Acres and Cape Coral. Located below are reports showing the historical supply and demand trends for new development in Collier County. These reports show the quarterly activity since the end of 1998. Tc ,S p¥ cor This graph illustrates the relationship between the total number of units marketed Total Supply Collier County as of that quarter (total units) and the total number of units available for sale (available units). The gap between these two data points reflects the total sum of units under contract and closed. As we C ~n © 2003 Feas inomics~, inc. All Rights Reserved 19151 AGENDA ITEM FEB 1 0 200q see from this graph, the supply of new units, being added to the market (total units) increased in the 3"' quarter. The number of units available (available units) has also increased in the 3"' quarter indicating that the sales rate has begun to increase; however, at a lower level than its peak in the Ist quarter of 2001. Collier Sales to Supply Ratio I "'-~,~.~ "*-~,.-..,,,~ I marketplace started to decline in the 1't quarter of 2001 and continued through the 2"d quarter 2002. With the introduction of several new communities, the total supply of units in the marketplace increased in the 3"' quarter 2002. Closed units, which began a soft decline in the 2"d quarter of 2000 and continued through 2~ quarter 2002, also increased in the 3r~ quarter 2002. The increased noted in the third quarter was a result of the closings of several high-rise communities sold in 2000. The general trend is still in a downward cycle. This graph illustrates the relationship between the pipeline supply (number of Collier Pipeline Sales to Closing Ratio This graph illustrates the relationship between the total number of units added to the market (supply) and closed sales. As we can see from this graph, the supply of product in the ©2003 Feasinomics~ -'-Ck.~U.~ -~-U.~U~C~.~.~ I units under contract) and closed sales (closed units). As we can see, the pipeline supply has seen a sharp decline from year- end 2000 through the 4th quarter 2001. The increase in pipeline sales in the 1st quarter of 2002 began to decline again in the 2nd quarter 2002 and again in the 3"' quarter 20151 FEB 1 0 200 2002. The average product pricing increase between 2000 and 2001 was 15%,' with the average increase between 2001 and 2002 slightly over 3%. The fact the pipeline increased in the 1$~ quarter of 2002, at the higher average price, indicates price sensitivity is softening. From the analysis above, we can see a general softening of the market overal! based on pipeline supply and closed sales. The increasein the pipeline supply index in the l'~.quarter of 2002 indicated the market was beginning its rebound from the same period in 2001. The reduction in the total supply is due in part more to the lack of available land than a reduction in the developer's introduction of new communities. The decline in pipeline sales and closed sales, in my opinion is due to a combination of price sens~ for product over $500,000, and a general reduction in purchases due to the current economic slowdown. Feasinomics, Inc. publishes the SOUTHWEST FLORIDA HOUSING DEMAND REPORT, which is prepared on a quarterly basis. This quarterly survey summarizes the developer sales performance for new projects in Lee and Collier County. Below is a summary of the sales performance by submarket and product type for Collier County. This summary will conclude with a correlation of the supply trends discussed earlier in this report. (Please note that the following data reflects developer sales to end-users only). Through the 3rd quarter of 2002, Collier County had a total of 2,843 developer closings with an estimated sales volume of $1,401,707,335. This represents an average price of $493,038 per developer-closed sale. For that same period, there were a total of 3,468 developer units sold and not closed representing an estimated sales pipeline volume of $2,377,899,218. This represents an average price of $685,669 per developer sale. A detailed analysis of the unit count and average product pdcing for each submarket and product type is discussed below. The analysis will show the relationship of unit sales and average pdce. It will also explain what product type has the highest market acceptance. Located below is the 2002 developer closed sales report listing the submarkets in descending order by the number of closed sales through the second quarter of 2002. © 2003 Feas inomics~, Inc. All Rights Reserved 21/51 FEB.1':0 200q 2002 Developer Closed Sales by Units - Throu,qh 3rd Quarter Market Average Submarket 2002 Closings Percentage Pricin_~ Volume U E~a[es 1078 37.92% $ 324,926 $ 350,270,228 N Naples 543 19.10% $ 883,438 $ 479,706,834 S Naples 335 11.78% $ 290,395 $ 97,282,325 Golden Gate 280 9.85% $ 184,143 $ 51,560,040 R Fakapalm 224 7.88% $ 353,921 $ 79,278,304 Rural Estates 152 5.35% $ 212,602 $ 32,315,504 C Naples 107 3.76% $ 499,006 $ 53,393,642 Marco Island 88 3.10% $ 1,535,805 $ 135,150,840 Naples 34 1.20% $ 3,586,694 $ 121,947,596 Corkscrew 2 0.07% , 401~011 , 802~022 Immokalee 0 0.00% $ 61~833 $ - Total , 2843 100.00% I' 493'0381'1'401'707'335 fn deCending order by 2002 Closings - Based on this chart, the top three submarkets by unit sales are Urban Estates, North Naples and South Naples. Most of the luxury master planned communities- profiled in this report are located in North Naples. Over 68% of the developer sales are located in these top three submarkets. As we can see from this analysis, N Naples and Urban Estates are currently capturing the greatest market share within Collier County accounting for over 57% of the total sales. The following chart shows the previously discussed data, however it is now sorted by the pipeline sales. 2002 Developer Pipeline Sales by Units Throu,qh 3rd Quarter Market Average Submarket Pipeline Sales Percentage Pricin~ Volu me U Estates 1049 30.25% $ 324,926 $ 340,847,374 N Naples 824 23.76% $ 883,438 $ 727,952,912 R Fakapalm 318 9.17% $ 353,921 $ 112,546,878 S Naples 314 9.05% $ 290,395 $ 91,184,030 Marco 243 7.01% $ 1,535,805 $ 373,200,615 IGolden Gate 197 5.68% $ 164,143 $ 36,276,171 Naples 162 4.67% $ 3,586,694 $ 581,044,428 Rural Estates 146 4.21% $ 212,602 $ 31,039,892 C Naples 145 4.18% $ 499,006 $ 72,355,870 Immokalee 49 1.41% ~ 61~833 $ 3T029~817 Corkscrew 21 0.61% $ 401,011 $ 8,421r231 Total , 3468 1100.00% J~ 685,669 I $ 2,377,899,218 In dec. ending order by Pipeline Sales The same top three submarkets are evident within the pipeline analysis as were located in the closed sales analysis. © 2003 Feas inomics~), Inc. All Rights Reserved 22/51 AGENDA I1'~r_.ML~i Ne. FEB 1 0 200q The average pricing index indicates the market is moving north to take advantage of the pre-construction pricing currently offered in the San Carlos and Estero sub-markets in southern Lee County. These two submarkets market share percentage has increased over 128% since the end of 1998. We have reviewed both the permit activity (supply component), and the sales activity (demand component). From the analysis, we found that the majority of new development within Collier County lies primarily in the Urban Estates and North Naples submarkets in the north and South Naples. These submarkets offers a combination of multifamily and single-family permit and sale activity due to its highly demanded location closed beaches, recreational facilities h the cultural centers. The area located south of Pine Ridge Road and pfimadly Southeast Naples is a mixture of master planned communities and smaller platted subdivisions primarily' targeted the-primary and secondary buyer. The southern coastal region of Collier County offers a similar mix of product to the mid coastal region however pricing is lower due to its location further from the cultural and recreational centers of Collier County. Considering the local economy is primarily driven by the tourism industry, the sources of.this economic base are a major factor in the continued expansion of Southwest Florida. As we review the source states where this market is coming from, we find that the majority of the buyers are from the mid-western states of Ohio, Michigan, Wisconsin, Indiana, Minnesota and Illinois. A continued strong economy of these Midwestem states along with a healthy national economy, will continue to fuel the growth trend noted over the past nine years in Southwest Florida residential market. HOUSING MARKET ANALYSIS The data for housing was analyzed for each of the 11 submarkets for Collier County. The historical analysis reflects the past 5-year period from 1996 to 2000. The scope of the report included the following analysis; ·Quantify the I'istorical housing growth of single family and condominium product for each submarket. · Quantify the historical median pricing for single family and condominium product for each subrnarket. From our review of the housing market we found there were a total 197,250 units in Collier County as of year-end 2000. Below, we will profile both the single family and condominium products for Collier County. AC, ENOA ~Tr:~ © 2003 Feas inomics~), Inc~ All Rights Reserved 23151 FEB 1 0 200~ Within Collier County, over 45% of the housing units were single-family homes. Based on the 5-year historical review, the counties single family housing supply grew at an average annual rate of 5.20%. The average annual submarket growth rates ranged from a Iow of .42% in the developed area of the City of Naples to 15.93% in the quicidy developing Urban Estates area./t should be noted this growth rate reflects new units to the market and does not include any redevelopment of existing communitieS. Of the eleven submarkets in Collier County, North Naples accounts for 22.4% of the total single-family supply, followed by Golden Gate and the City of Naples which each accounted for more than10%. This suggests that over 34% of the single family housing in Collier County is located along the coastal area, with an additional 10 % located in the older, more affordable Golden Gate City area. The median price index for single family homes in Collier as of year-end 2000 was $295,053. The median price by submarket ranged from a Iow of $75,000 in Corkscrew to a high of $883,000 in the City of Naples. Using the median price as the submarket index of affordability, we find that over 81% of the housing units in Collier County are located within submarkets, which have a price below the county median of $295,053. As a comparison there are only 18% of the units, which are located in submarkets having a price less than the Lee county Median of $140,000. Located below is a summary of the single-family statistics for Collier County. 1.73% $ 3.61% $ 2.22% $ 75,000 160,600 213,750 1.58% 8.95% 4.86% 7.46% 9.27% 8.11% © 2003 Feas inomics~). Inc. All Rights Reserved 24/51 AGENDA ITEM FEB 0 200 The remaining 58% of Collier County's housing supply is condominiums. Based on the 5-year historical review, the counties condominium supply grew at an average annual rate of 17.32%. The average annual submarket growth rates ranged from a Iow of .39% in the developed East Naples area to 100% in the newly developing condominium area of Rural Estates. (It should be noted Vanderbilt Count~ Club is the only Multi-family product in this submarket at this time.) Of the eleven submarkets in Collier County, the North Naples area accounts for 25.07% of the total condominium supply, followed by the City of Naples, Marco Island, East Naples and South Naples which each accounted for more that 10%. The condominium supply in Collier County is dispersed in two distinct areas, the coastal area and the southern Collier area. The coastal areas of North Naples, City of Naples and Marco Islahd account for over 53% of the condominium supply while the southem county area accounts for an additional 23%. These geographic boundaries illustrate that the northeast and eastern sections of the county are primarily single family in nature. The median price index for condominiums in Collier County as of year-end 2000 was $250,699. The median price by submarket ranged from a Iow of $76,000 in East Naples to a high of $579,900 in the City of Naples. Using the median price as the submarket index of affordabiiity, we find that almost 72% of the condominium units in Collier County are located within submarkets, which have a pdce below the county median of $250,699. Further analysis shows that almost 37% of the condominium units are located in submarkets with a median price less that $150,000. These submarkets are located in the inland portions of Collier County.- Located b~low is a summary of the condominium statistics for Collier County. © 2003 Feas inomics~, Inc. All Rights Reserved 10.13%- $ 5.78% $ 4.14% $ 17.32% 107,507 209~750 172,000 122,000 25151 0.00% 3.13% 6.06% 100.00% 3.26% FEB 1 0 200 Based on our submarket analysis, Collier County has a total of 134,293 fee simple housing units of which 58% are multifamily in design. The new development of multifamily product has been isolated to Rural Estates and Urban Estates, which have increased the average growth rate. If we eliminate these submarkets from our analysis, a growth rate of 4.03% is reflected. This is considered a better indicator of the overall growth rate for the county and supports the fact multifamily development has slowed over the past 5 years. The development of multifamily which has occurred has been isolated to areas were no multifamily development occurred prior. The single-family housing development has seen its greatest concentration of new units in Urban and Rural Estates. These 2 submarkets offer the greatest supply of vacant land, .are planned with a lower density encouraging single-family development, and are two of the most affordable areas in Collier County. The lower growth rate of single-family units in Golden Gate, South Naples and Royal Fakapalm is due to the higher density planning of these communities, which requires multifamily development to achieve the maximum density. It is my opinion these Southern Collier submarkets will follow the single-family development trend, especially considering the current supply is primarily higher density multifamily tracts. CURRENT ZONING AND USES According to the Collier County Community Development Division's flood insurance rate map number 8517N, the parcel on which the Wiggins Pass Madna sits is zoned C-4. The parcel is 10.03 acres in size and is located in Collier County millage area 169. Its current (2002) tax roll indicates a land value of $4,369,650 and an improved value of $1,240,982 for a total market (assessed) value of $5,610,632. The general commercial district C-4 zoning is defined by the Collier county Land Development Code as: 2.2.15.1. Purpose and intent. The general commercial district is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, 'including entertainment and recreational attractions, at a larger scale th[a]n the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity cenl )rs © 2003 Feas inomics~, Inc. All Rights Reserved 26/51 FEB. 1'0 200 are suitable locations for the uses permitted by the C--4 district because most - activity centers are located at the intersection of arterial roads; therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 dislfict is permitted in accordance with the Iocational criteda for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. Permitted uses for the C-4 designation include: · Unless otherwise provided for in this Code, all permitted uses in the C-1, C-2 and C-3 commercial intermediate districts. Also permitted are agricultural services except outdoor kenneling; amusements and recreation services including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, and canoe rental; automotive dealers and gasoline service stations, automotive repair, services, parking and carwashes with exceptions; building materials, hardware and garden supplies; business services with exceptions; commercial printing; communications including communications towers up to specified height; eating and ddnking establishments; educational services; engineering, accounting, research, management and related services; group care facilities with exceptions; health services; hotels and motels; marinas except canal operation, cargo salvaging, ship dismantling, lighterage, madne salvaging, marine wrecking, steamship leasing; miscellaneous repair services with exceptions; miscellaneous retail; motion picture theaters; public or private parks and playgrounds; personal services except crematofies; real estate; social services except for homeless shelters and soup kitchens; and vocational schools. · Maximum height: 75 feet. · Minimum floor area: 700 square feet gross floor area for each building on the ground floor. · Floor area ratio: The maximum floor area ratio for hotels and motels shall not exceed a factor of 0.60, except for destination resort hotels as defined in article 6.3 where a floor area ratio of 0.80 is permitted. HIGHEST AND BEST USE Based on the parcel's waterfront location and zoning designation, we have determined that the highest and best use under the C-4 zoning is to develc © 2003 Feas inomics~, Inc. All Rights Reserved 27151 a resort hotel with madna, spa, restaurants, retail and convention meeting space. All other uses would not be able to take advantage of the waterfront and Ihe price of land in this location would make any other use not economically viable. IMPACT FEE CALCULATIONS With regard to impact fees, we worked with the Collier County Financia! Administration and Housing Department in determining what would be allowed with regard to credits and what would be charged under the different scenarios. We determined the Collier County impact fees for the site based on three scenarios. The first scenario was to put a 220-room hotel on the site. This hotel would include a spa, two restaurants, a small retail shop and convention meeting space. The site would also include a 50-berth marina that would be for public consumption. The second scenado was taken from the site plan dated'September 4, 2002 and provided to us by the Ecogroup. It includes two residential towers of 79 units each plus a Ship's Chandler building, entrance guardhouse, and a 50 wet berth public marina. The third scenado used the same configuration as the second scenario but categorized the marina as private residential with the wet berths being used only by the residents of the towers. Table 1 outlines the methodology on how the assumptions were determined for each scenario. © 2003 Feas inomics~), inc. All Rights Reserved 28151 FEB I 0 200 ,,,- ./,/,/ TABLE 1 npact Fee Credit Assumptions Vest boat storage building North boat storage bciding Soulh boat storage bulling Existing bait shop building Existing parts and offices building .~mmre Feet 1,400 10~000 130 900 324 square feet per dry slip.from 3/1999 Site Improvement Plan 119,500 square feet of exis§ng dry storage buildings 1324 sq. fL = 369 Number of existing wet slips = 15 Total current wet and dry slips on site = 384 Existing water meter size per Barbara Olko at Collier County Public U§lities )ivision = k=enario 1 Assumptions Hotel size Number of rooms based on parcel size and Ritz Golf Resort at Tiburon = 22~0 Square Feet 220 rooms @ 375 sq. ft. each = 82,500 6,000 sq. fL of common area per floor x 6 floors = 36,000 15,000 sq. ff. spa = 15,000 20,000 sq. ff. of meeting space = 20,000 15,000 sq. ft. foyer = 15,000 15,000 sq. fLt. restaurants = 15,000 5,000 sq. fL of retail = 5,000 188,50 Wet boat slips per Ecogroup Estimated Pricing Sheet 12_/3/2002 Water meter size based on Ritz Golf Resort at Tiburon and verified at the ;oilier County Public Utilities Division offices = 6.0' ~cenario 2 and 3 Assumptions 3200 sq. ft. units x 76 Units x 2 buildings = 4000 sq. fL units x 3 Units x 2 buildings = Parking (4 units per floor = 12800 sq. fL + 800 sq. lt. common area = Foyer (4 units per floor = 12800 sq. fL + 800 sq. fL common area = Common areas = 800 sq. ft. per floor x 18 floors x 2 buildings = Ship's Chandler Building square feet = Guardhouse square feet = GuercEK)use porte cochere square feet = Wet boat slips per Ecogroup Estimated Pricing Sheet 12/3/2002 = Note: Scenario 2 assumes that the marina will have a minimum of one slip for sale or lease to the general public. Scenario 3 assumes that all slips will be sold or leased to unit owners and none will be sold or subleased to the public. Square Feet 486,40O 24,000 13,600 13,600 28,800 566,400 © 2003 Feas inornics~, Inc. All Rights Reserved 29151 AGENOA ITEM FEB I 0 200 hlpact Fee~ Collier County allows for impact fee credits based on what is currently on the site. From the most current 'site plan obtained from Collier County and dated March of 1999, we determined that them is 130,900 square feet of building space on the site. There is 119,500 square feet of dry slip boat storage in three buildings, one bait shop building of 1,400 square feet, and one existing parts and office building of 10,000 square feet. Collier County would credit the three dry storage buildings based on the number of berths they hold. We determined from the March 1999 site plan that each dry berth would use 324 square feet of space. Based on that calculation, the current buildings would house 369 dry slips. In addition, there are 15 wet slips on the site, bdnging the total to 384 total berths on the site. The Collier County Utilities Division determined that there currently is a 1.5" water meter on the site. Table 2 illustrates the credits that would be granted for the existing facilities. TABLE 2 Looking at Table 2, the site carries a total impact fee credit of $910,278 and is broken down as follows: Parks: $0.00 Libraries: $0.00 Fire: $39,270 Public Schools: $0.00 Roads: $696,192 Jail Facilities: $142,942 Emergency Medical: $4,224 © 2003 Feas inomics~, Inc. All Rights Reserved 3O/51 AGENDA ITEM FEB 1 0 200 , TABLE 3 Water & Sewer:. $27,650 Total: $910.278 It is important to understand that when applying the credits, Collier County only applies the credits based on the impact fee groups only, not as a whole. In other words, if you have less road impact fees on the new site plan than what currently exists, you cannot use the excess credit toward another impact fee group. That "future impact fee credit" has to stay with the land and can be used if future construction is added to the site. The County will also consider transferring the credits only to adjacent properlies if the land is owned by the same entity. Also, the "credit" for the Fire Impact Fees will need to be approved by the Fire Code Office and possibly by the North Naples Fire District. The Collier County Public Ulilities Division will determine water and Sewer Impact Fees and credits. The impact fee rates shown in these tables include the Phase II 20% increase on road impact fees that will be implemented in April, 2003. Under Scenario 1, we determined the hotel size primarily based on the parcel size. We utilized the Ritz-Carlton at Tiburon for number of units and size of water meter. We also determined the average room size to be 375 square feet each. We also determined that there would be 20' x 300' sized common areas per floor times six floors (remember the height limitation under 0-4). In addition, we took half the square footage for the spa, convention space and restaurants of the Ritz- Carlton on the beach since it is on 20 acres and the current site is 10 acres. Table 3 illustrates the first scenario's impact fee schedule. .220 ~oom hotel, Retail, Re~tau~ant~ Spa, Me-ting Sfl~ce, ~e Bo~ ~"~", Ship's Cl'rmdler (store) d watm' me~r size $0.30 $0.00 $0.00 $56,550.00 $39.270.00 $17,280.00 $90,6.50.00 $905,310.00 $696,192.00 $209,118.00 $1.0920 $528.00 $201.00 trader tool' $1,528.80 $45,637.80 $142,942.80 $0.00 $0.00 $550.00 © 2003 Feas inomics~, Inc. All Rights Reserved 31/51 $0.00 FEB 0 200h Table 3 shows that the total impact fees for the first scenario would be $1,460,327.80. Net credits for each category total $812,973.80. The total net actual impact fees for this scenario is $647,354.00 with Future Impact Fee Credits of $97,305.00. The future impact fee credits are all in Jail Facilities. scera 2 pactFees Under Scenario 2, we utilized the site plan provided by Ecogroup and dated September 4, 2002. The site plan included twin, 22-story residential towers with 79 units each, a 50 wet slip marina with 1,400 square foot Ship's Chandler building and a 300 square foot guardhouse with a 200 square foot porte cochere. There is underground parking and a foyer floor included in the square footage calculations along with 800 square feet of common area per floor. This scenario assumes that the marina will have a minimum of one berth for sale or lease to the public and therefore marina impact fees apply. Table 4 illustrates the second scenario's impact fee schedule. TABLE 4 and Square Fee~ Net Actual Impact C~"" '"nkY ~"~ - u~t < 1,000 sq-fl- 0 $471.00 ~er dwelinf; unit $O.00 ~m~rntxdtvParks-u~t> 1.?00sa. l[ 158 $688.00 ~-dw~linourtit $108.704,00 Re(~nal Pa~s- u~t < 1.00~ so. fi 0 $470.(X) oer dwMirto unit $0.00 L~,-,=~=s < 1,500 ~. fi 0; $214.00 pe~ d~,~;;~ ~ unit $0.00 ~T.,.=;== - 1.500 - 2.499s~_ ft_ 0 $238.00 oer d';;;..'5-. ~ unit $0.00 Libraries > 2,500 ~. It. 158 $299.00 pe~ dwe~ unit $47~242.00 $47~42.00 $0.00. S47,242.00 'Road ;,,,~,; Fees - Hi~'~;~se C~,~.,~,,;um 158 $2.27~_00 oer dw~Fma unit $358.976.00 Road Impa~t Fees - Marina ~includes marina office) 50 $1,813.00 )er b~lh $90,650.00 R°ad ;'~-~ Fees ' Olrx~ {Gu=r'~i~use1 300 $8,307.00 per 1,000 sq. It. $2,492.10 $452.118.10 $696,197_00 $0.00 Jail F~-~;; '-T,i~ Fees. ~_-'_~,~; 158 Sl 17.98 perdwel~, uni~ $18r640.84 Jail Fa,~T,',;~ In~a~ Fees - Retail 1.400 $1.0~0 ~e~ sa.fi urn]er reof $1.528,80; Jarl Fac~T~ies Impact Fees - Oftice (Gumdhouse) 300 Sl.33 per s~j. It. $397.80 &'"~.-~7.44 $142,942.80 ~,~u~-.u~ M~.~; Se,-.~,=, - unit < 1.SO0 ~],~ 0 ~93.00 ocr dwelino unit $0.00 E= ' "~e~7 I~'~ SerZ~es - unit - 1 ~.~:)0 - 2,499 s~q.ft- 0 $104.00 pe~' d~,.'~i r~ unit $0.00 ~ ,,~_~=, ..~, M~.~.~ Se~,~es - unlt > 2~500 sq.fL 158 $130.00 ! per dvmlrmg unit $20,540.00 E~.~encvMe~cMServlc~s-MaH~.a 50 $11.00 ~erbe~h $5~0 D~ Eme~em~ Medical Sef~cas - Office < 50,0~X) sq. fL 300 $83.00 per 1,000 ~1- ft- $24.90 $21,114.90 $4,224.[30 $16,890.90 Water I~-.T~ Fee * unit < 7S~ se.fL 0 ~J04.00 ~ dweBno unit $0.00 Water Iml~ct Fee ' ur~t ° 751 ' 1,500 sfl-ft- 0 $1,836.00 per dwe~ unlt $0.00 Water ;~,,pa~ Fee- unit > 1;501 sfl. ft. 158 $2~704.00 per dwe~r~j unit :~427,232.00 Sev/erlm~acl Fee -unit < 7~s~.fi 0 $937.00 ~erdweBnaunlt ~0.00 Sev~ In~act Fee - unit - 7~1 - 1500 s0.fL 0 $1.90~.00 ~* dwel~no unit To~l $1.850.282.44 $1,~,78~-44 $910.278.80 $1.306,4.52.90 Table 4 shows that the total impact fees for this scenario would be $1,850,282.44. Net credits for each category total $543,829.54, The total net actual impact fees for this scenario is $1,306,452.90 with Future Impact Fee Credits of $366,449.26. The future impact fee credits are for Road Impacts and Jail Facilities. © 2003 Feas inomics~, Inc. All Rights Reserved 32151 FEB 1 0 200 ~ 3/rmactFees Scenario 3 also utilizes the s'~e plan provided by Ecogroup and dated September 4, 2002. The site plan included twin, 22-story residential towers with 79 units each, a 50 wet slip marina with 1,400 square foot Ship's Chandler building and a 300 square foot guardhouse with a 200 square foot porte cochere. There is underground parking and a foyer floor included in the square footage calculations along with 800 square feet of common area per floor. This scenario assumes that all berths will be sold or leased to unit owners and none will be sold or. subleased to the public. Table 5 illustrates the third scenario's impact fee schedule. TABLE 5 ~ ,Square Feet Net Arh:~:l ~ ]I ~' Unit~ Amou~ T~ ~ ~t~ ~ ~T~ ~ - ~ < 1,~ ~. · 0 ~71.~ ~ ~ ~ ~,~ ~ P~ - ~ - lr~- lr7~ ~. ~ 0 ~1.~ ~ ~.~ ~a~ ~ 2.~ ~. ~ 1~ ~.~ ~ ~ ~ M724~ ~TZ4Z~ ~.~ ~7Z42.~ 1~ ~.~ ~ ~ SI~.~.~ $~,~.~ ~.~ $1~,~ ~,~ M~ ~ - u~ - 1 .~ - 2.4~ ~.R. 0 ~1~-~ ~ ~ ~ ~ ~*~ E,,~g ~=: S~w~ - ~ < ~,~ sq. ~ (~M~) ~0 ~: ~ 1,~ ~. · $24.~ ~,~.~ ~4.~ $16,~.~ Wrote Im~ F~*~- 751 - i,~ ~.~ 0 $1 ~.~ ~d ~-~ W=i~--.; F~- ~) 1;~l ~.E 1~ ;mT~.~ =~a ~;:r I~ ~- ~- 751 - I;~ ~-t 0 $1~.~ ~d ~-~ Tom ~1.7~.~.~ $1,7~,~ ~10.~8.~ $1.~.~ Table 5 shows that the total impact fees for this scenario would be $1,758,339.88, a savings of neady $100,000 over the public marina rate. Net credits for each category total $452,436.98. The total net actual impact fees for this scenario is $1,305,902.90 with Future Impact Fee Credits of $366,449.26. The future impact fee credits are the same as in Scenario 2, for Road Impacts and Jail Facilities. The difference is that the impact fees for the public madna are higher than the residential marina, however the existing road impact fee credits far exceed either scenario so the net is basically the same. © 2003 Feas inomics~, inc. All Rights Reserved 33151 FEB :1 0 200 PROPERTY MILLAGE RATE The property lies in Collier County Millage Area 169. The most current millage rate (2001) for that particular area is 13.5679, as noted in the Collier County Property Appraiser's records. Millage rates for this area has been on a decline over the past seven years according to the following table dedved from the property appraiser's website: Collier County Millage Area 169 .Year Rate 2001 13.5679 20(X) 13.8877 1999 13.7601 1998 14.6141 1997 14.6230 1996 14.8254 1995 14.5612 Using the most current millage rate, the following would be the tax implications for the existing and the proposed: Existing Tax Information Proposed Tax Information Taxable Value I $5~610r632 ,,Taxable Value per Unit $1~500r000 Percentage of Estimate of Discount from 2001 Millage Rate* 13.5679 Gross Tax Market Value 80% Adjusted TaXable Value County $21,948.23 28.3~ )er Unit $1,200,000 School State $24,400,64 31.5% ,2001 Millage Rate* 13.5679 School Local $14,374.44 18.6% Gross TaxperUnit $16t281 city Tax $0.00 0.0% Number of Proposed Units ' ,~ c. Dependant $7,332.54 9.5~, Water $2,954.00 3.8% Independent $6,265.39 8,1% w/Hotel Land $4,369,650 ~ 150'36 ~ a Tiburon Hotel ~ Taxable Value of Hotel $37,191,171 * From the Collier Counb/Property A.opraiser's Office **From the Collier County Tax Collector's Office ECONOMIC IMPACT ANALYSIS The economic impact analysis is calculated based on the United State Consumer Expenditures Survey for 2000, which was released in Apdl of 2002. The 2001 Survey is expected to be released in Apdl of 2003. © 2003 Feas inomics~;), Inc. All Rights Reserved 34151 FEB 1 0 7 In order to estimate the economic impact of the subject project, we first need to estimate the annual pretax income for each owner. This estimate is calculated based on the minimum annual income needed to support a property with an average market value of $1,500,000, which is the estimated average sales price of all units in the project. Located below is the methodology used to calculate the estimated annual pre-tax income. Sale Price $1,500,000 80% loan amoUnt $1,200,000 Loan Term Years 30.00 Interest Estimate 6.50%: Estimated Annual Paymenl $91,017 Percent of annual expenditures estimated for housin,q 30.2% Estimated total annual expenditures $301,381 Percent of Pre-Tax income allocated to annual expenditures 67.5% Estiamted Pre-Tax Income ~,46~490 Rounded to $450,000 Based on the 2000 Expenditures Survey, 67.5% of the total pre-tax income is estimated for the annual consumer expenditures. In order to financially support a property of $1,500,000, we have calculated an estimated minimum pre-tax income of $450,000. It is most likely the annual pretax income for many owners will be much more; especially considering this may be a second residence. For comparison purposes and in order to more accurately reflect the typical expenditures for second homeowners of this demographic, we will use the $450,000 pre tax income estimate. Based on the 67.5% estimate for average annual consumer expenditures, each household will spend an average of the $301,381 annually for all expenditures. Located below we will list the total estimated expenditures for each category. © 2003 Feas inomics~, Inc. All Rights Reserved FEB 1 0 201 ITransportation Personal insurance pensions Food at home Food away from home · pparel and services Entertainment Cash Contributions !Health care !Educations Miscellaneous Personal care products and services Alcoholic beverages Tobacco products and smoking supplies Estimated Average Annual Expenditures ~;53~02~ $46,935 $17,786 $16,592 $15,886 $15,521 $12,501 $11,434 $5,907 ~5~26S $3,94(; ~3~134 $1,305 $301,381 17.60' 15.57% 5.90% 5.51% 5.27% 5.15% 4.15% 3.79% 1 1.75~ 1.31' 0.43% 100% The estimates above are representative of one unit owner within the subject project for annual expenditures. Located below we have calculated the annual expenditures for all 158 units. HousJn~ Transportation Personal insurance pensions Food at home Food away from home Apparel and services Entertainment Cash Contributions Health care Educations Miscellaneous Personal care products and services Alcoholic beverages Tobacco products and smoking supplies Estimated Average Annual Expenditures ~90,981 $53.029 $46,935 $17,786 $16.592 $15,886 $15,521 :~12~501 $11,434 $5,907 ~;5~269 $3,940 $3,134 $1,305 $301,381 30.19% 17.60% 15.57% 5.90% 5.51% 5.27% 5.15% 4.15'~ 3.79% 1.96% 1.75% 1.31% 1.04% 0.43% 100% $14,374,974 $8.378.506 $7,415,661 $2,810,178 $2,621.496 $2,509,916 $2,452,24R $1,806,58 $933,38~ ~832~460J $622,464~ $495,21~ $206,231 $47,434,5301 The subject project is located in the Wiggins Pass area in North Naples and will cater primarily to the second homebuyer. Research on competing projects in the general area experience occupancy rate of 100% for the 6-month period between November and Apdl. The remaining 6-month period has a general occupancy rate of approximately 20%. In order to estimate the annual economic impact of the project as complete, we will estimate the total annual expenditures on a © 2003 Feas inomics~, Inc. All Rights Reserved 36/52 FEB 0 201Yt monthly basis. We then will calculate the estimated economic impact during the seasonal and non-seasonal periods of the year. Located below are our calculations: HouMng TransportM]on Permmal ~_-,_,mnce pensions Food at home ood aw~ from honm ~_ ~,~_ml -,nd E duca~-c----- -= Ml$cel ~,,-,~ u~ P~oF.~ c~;~ areducts and services Alcohotk: To~_._-._-~. ~-o~ucts and smoldno SuPPlies E$flm~ Average Annual Expenditure 7.582 4,419 3.911 1,482 1,383 1.293 1,042 $ 492 ~8 1~ 25,018 7.187.487 4,189,253 3.707.831 1~405t089 1.310.748 17254,958 987,606 903_294 46fL691 416_230 311.232 247.607 103.117 23,7t7,265 .455.694 848,456 750.953 284,575 265.468 254,169 248.329 200,021 182.946 94.520 84,300 63.034 4,803,497 8.643.181 5.037,709 4.458.784 1,689,664 1 .b-76.216 1,509,127 1.474.452 1,187,627 1.086.240 561.211 500.530 374.266 297.755 124.002 $ 28,520,762 Based on this analysis, our estimated annual economic impact of all*consumer expenditures, based on the weighted occupancy is $28,520,762. LOCAL MARKET IMPACTS The calculations above are of the average consumer expenditures, for all categories. Only specific categories expenditures will impact the local economic. Other expenditures such as transportation include ownership of vehicles, occupancy with other modes of transportation. Located below we have prepared a line item estimate of the categories which will have a direct affect on the local economy. Food at home Food awa~ from home Apparel and services Entertainmert Health care MiscellaneOUS Personal care products and se~/ices Alcoholic beverages Tobacco products and Total The items above are those expenditures, which will have a direct impact on the local economy. © 2003 Feas inomics~, Inc. All Rights Reserved 37/52 FEB 1 O 200 pg.~ / ? DEFINITIONS OF DESIGN The Housing Data Report provides specific reports for Community Type, Product Design, Sub Market, Community and Developer. Definitions for Product Type and community type are unique to the housing data report and are explained below. There are thirteen product designs, which are unique to the Southwest Flodda Market. The designs are GN (Garden Condominium), CH (coach Home), CA (Carriage Home), AV (Attached Villa), DV (Detached Villa), MR (Mid-Rise), TH (Town Home), HR (High Rise), SF (Single Family Production), SFE (Single Family Estate), SF Lot, (Single Family Lot), DV Lot (Detached Villa Lot), SFE Lot (Single Family Estate Lot). The initials stated in front of the design reflect the code in the report. GN (Garden Condominium) Garden Condominiums are 2 to 3 story walkup buildings with 6 to 18 units per building. The building design is simple with access to the units from a catwalk on each floor. This product ranges in size from 1,000 to 1,500 square feet. Parking is detached from the buildings and is open, carports or detached garages. This product design is typically lower priced, as the building cost is more efficient due to the higher building density. This type of product is typically found in infill, master planned golf and bundled golf communities. (See Community Type De§nitions) CH (Coach Home) Coach Homes are 2 story walkup buildings with 6 to 12 units per building. The building design is more unique with access to each home from the ground floor with a distinct entrance. This product ranges in living area size from 1,400 to 2,100 square feet. Parking is a I or 2-car garage attached to the building with access from the interior of the home or from a covered walkway allowing easy access between the garage and the entrance of the home. The pricing for these product design ranges from affordable to moderately price based on the location of the project. This type of product is typically found in infill, master planned golf, master planned and bundled golf communities. (See Community Type Definitions) © 2003 Feas inornics~, Inc. All Rights Reserved CA (Carriage Home) Carriage Homes are basically the same as Coach Homes with the distinction coming from the lower number units per building. Carriage Homes offer 2 to 4 units per building in a 2-story walkup design with the living area ranging 'nm ,. AGENDA ITEM/~ 1,900 to 2,800 square feet. Parking is a 2-car garage attached to the bui ling No. 38/5 FEB 1 0 with access to the intedor of the home. The pdcing for this product ranges from moderate to high, based on the location of the project. This type of product is typically found in master planned golf and master planned communities. (See Community Type Definitions) AY (Attached Villa) Attached Villas are single story buildings with 2 to 6 units per building. This product ranges in living area size from 1,600 to 2,000 square feet. Parking is a 2- car garage attached to the building with access from the interior of the home. The pricing for these product design ranges from affordable to moderately price based on the location of the project. This type of product is typically found in infill, master planned golf, master planned and bundled golf communities. (See Community Type DefiniUons) MR (Mid-Rise Condominium) Mid-Rise Condominiums are 3 to 7 story buildings with 4 to 12 units per floor. The building design is simple with access to the units from a catwalk on each floor or for luxury buildings and interior access from elevator. This product ranges in size from 1,000 to 3,000 square feet. Parking is detached from the buildings and is open, carports or detached garages. This product design ranges in price from affordable to luxury based on the community type, and view from the upper floors. The designs main purpose is for view of an amenity. This type of product is typically found in master planned golf and bundled golf communities. (See Community Type Definitions) HR (High-Rise Condominium) High-Rise Condominiums are 8 or more story buildings with 4 to 8 units per floor. The unit access is from a catwalk on each floor or from an interior elevator and floor lobby. This product ranges in living area size from 1,000 to 7,000 square feel Parking is detached from the buildings and is open and covered under building or a parking garage. This product design ranges in price from moderate to ultra luxury (several million dollars) based on the view from the upper floors and the amenities, which are available. The designs main purpose is for view of the Gulf of Mexico. This type of product is typically found in master planned golf and infill communities. (See Community Type Definitions) DV (Detached Villa) Detached Villas are single or 2 story detached homes on lots ranging from 40 to 64 feet of road frontage and lot depth ranging from 110 to 150 feet. This product ranges in living area size from 1,200 to 4,000 square feet. Homes are designed to offer all the amenities of a single family home with the major difference being the lot frontage Lot depth is determined based on market research which would suggest demand for pools. )e prfcing for this product design ranges from affordable to luxury, based on the locatic al © 2003 Feas inomics~), Inc. All Rights Reserved 3915~1 A~Ii:)A IT~ FEB 1 0 200 amendes and design of the villa. This type of product is typically found in Master Planned, Planned and Bundled golf commun~es. (See Community Type Definitions) TH (Town Home) Town Homes am two story-attached units typically offering living and bedroom areas on separate levels with 2 to 6 units per building. This product ranges in living area sLze fi.om 1,600 to 2,000 square feet. Parking is a one or two car garage attached to the building with access from the interior of the home. The pricing for these product design ranges from affordable to moderately price based on the location of the project. This type of product is typically found in Jnfill, master planned golf, master planned and bundled golf communities. (See Community Type Definitions) SF (Single Family Produc6on) Single Family Production is a single family home sold as a home and lot package. Developers of lhis product pre-designed homes and offer 4 to 6 floor plans to choose from. This limited home selection reduces cost and increases construction efficiency, which typically results in better market acceptance. Lot sizes range from 65 feet to 89 feet of frontage and range in Jot depl~ from 125 to 175 feeL This product ranges in living area size from 1,600 to more than 4,000 square feel The pricing for this product design ranges from affordable to luxury, based on the Iocational amenities and design of the home. This type of product is typically found in Master Planned, Planned and Bundled golf communities. (See Community Type Definitions) SFE (Single Family Estate) Single Family Estate is a single family home sold as a home and lot package. Developers of this product pre-designed several floor plans, typically larger than found with the SF Production homes. This limited home selection reduces cost and increases construction efficiency, which typically results in better market acceptance. Lot sizes range from 90 feet and greater of .frontage and range in lot depth from 125 to 175 feel This product ranges in living area size from 1,600 to mom than 4,000 square feel The pricing for this product design ranges from upper-end affordable to luxury, based on the Iocational amenities and design of the home. This type of product is typically found in Master Planned, Planned and Bundled golf communities. (See Community Type Definitions) DV Lots (Detached Villa Lots) Detached Villa Lots are vacant sites in platted subdivisions sold as vacant and ready for development of a custom home. DV lots offer 64 feet or less of frontage and approximately 100 to 150 feet of depth. The pricing for this product design ranges from moderately to upper-end based on the location of the project, view amenity from the site and community amenities. This type of Product is typically found in master planned golf, master planned, communities. '(See Community Type Definitions) SF Lots (Single Family Lots) © 2003 Feas inomics~, Inc. All Rights Reserved infill and bundled 40151 golf FEB 1 0 200 Single Family Lots are vacant sites in platted subdivisions sold as vacant and ready for development of a custom home. Lots offer from 65 feet to 89 feet of frontage and approximately 125 to 175 feet of depth. The pricing for this product design ranges from moderately to luxury based on the location of the project, view amenity from the site and community amenities. This type of product is typically found in master planned golf, master planned, infill and bundled golf communities. (See Community Type Definitions) SFE Lots (Single Family Estate Lots) Single Family Estate Lots are vacant sites in platted subdivisions sold as vacant and ready for development of a custom home. Estate lots have 90 feet or greater of frontage and approximately 125 to 175 feet of depth. The pricing for this product design ranges from upper-end to luxury based on the location of the project, view amenity from the site and community amenities. This type of product is typically found in master planned golf, mast(~r planned, inffil and bundled golf communities. (See Community Type Definitions) © 2003 Feasinomics~), Inc: All Rights Reserved 41151 FEB 1 0 200q Pg-' / C~ Type Derl'aiom There are six community types that are unique to the Southwest Florida Market. These community types are Bundled Golf, Master Planned Golf, Master Planned - w/o Golf, Adult Planned, Adult Master Planned w/o Golf and Infill. Each of the community types is defined below. Bundled Goff CommuniNes Equity Inclusive or Bundled Golf Communities are those, which i4nclude equity membership to the golf and community amenities with the purchase of the real estate. Community amenities offer 18 to 27 holes of golf with approximately 700 units allocated for each 18-hole course. The communities consist of between 300 and 600 acres of land with a diverse product mix. Typical products con sisting of Garden Condominiums, (GN); Coach Homes, (CH); Mid-Rise condominiums, (MR); Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). Because of the diverse product mix, annual absorption rates range from 100 to 250 units per year. Pricing ranges from the Iow $100,000 to over $400,000. Master Planned Golf Communities Master Planned Golf Communities are those, which do not include equity membership with the real estate. Community amenities include 27 or more holes of golf; some offer a beach park and a town center. Equity membership to the golf club is an additional fee and is typically limited to between 300 and 400 members. The communities consist of between 600 and 3,000 acres of land with a diverse product mix. Typical products consisting of Carriage Homes, (CA); Coach Homes, (CH); Mid-Rise condominiums, (MR); Attached Villas, (AV); Detached Villas, (DV); and Single Family Lots, (SF Lots). High Rise product is also available if the community offers sites with views of the Gulf of Mexico or an open bay. Because of the diverse product mix, annual absorption rates range from 100 to 250 units per year. Pricing ranges from mid $100,000 to over $1,000,000. Master Planned wlo Golf Master Planned w/o Golf Communities are those that do not have a golf course as an amenity however do offer an extensive community amenity and in some cases a town center. These communities consist of between 100 and 300 acres of land with a diverse product mix. The typical products within planned communities consisting of Coach Homes, (CH); Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). Annual absorption rates range from 50 to 150 units per year depending on price and location. Pdcing ~n,qes from the Iow $100,000 to over $300,000. AGENOA ~TEM FEB 1 0 200q © 2003 Feas inomics~), Inc. All Rights Reserved 42151 Adult Master Planned Golf Communities Adult Master Planned Golf Communities are those communities which have age restrictions of 55 years and older for ownership. This community definition includes only communities, which (fo not include equity membership with the real estate. Community amenities include 27 or more holes of golf;, some offer a beach park and a town center. Equity membership to the golf club is an additional fee and is typically limited to between 300 and 400 m~mbers. The communities consist of between 600 and 3,000 acres of land with a diverse product mix. Typical products consisting of Carriage Homes, (CA); Coach Homes, (CH); Mid-Rise condominiums, (MR); Attached Villas, (AV); Detached Villas, (DV); and Single Family Lots, (SF Lots), High Rise product is also available if the community offers sites with views of the Gulf of Mexico or an open bay. Because of the diverse product mix, annual absorption rates range from 100 to 250 units per year. Pricing ranges from mid $100,000 to over $1,000,000. Adult Master Planned w/o Golf Adult Master Planned Communities are those communities which have age restrictions of 55 years and older for ownership and do not have a golf course as an amenity however do offer an extensive community amenity and in some cases a town center. These communities consist of between 100 and 300 acres of land with a diverse product mix. The typical products within planned communities consisting of Coach Homes, (CH); Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). Annual absorption rates range from 50 to 150 units per year depending on price and location. Pricing ranges from the Iow $100,000 to over $300,000. infill Communities Infill Communities are those that a'e developed on parcels, which are limited in size due to surrounding development or other boundaries. These parcels typically range from 20 to 100 acres, with the community focus being the amenity center and the private feel. The typical products within hfill communities are Garden Condominiums, (GN); Coach Homes, (CH); Attached Villas, (AV); Detached Villas, (DV); and Single Family Production, (SF). Annual absorption rates range from 30 to 130 units per year depending on price, location and product mix. Pricing ranges from the Iow $100,000 to over $300,000. © 2003 FeaS inomics~, Inc. All Rights Reserved 43/51 FEB.1:0 2uuq /7 UNDERLYING ASSUMPTIONS AND UMITING CONDmONS In conducting this market analysis, the consultant has assumed, where applicable, that: 1. T~e to the land is good and marketable. 2. The information supplied by others is correct, and the revenue stamps placed on the deeds used to indicate the sale prices are in correct relation to the actual dollar amounts of the individual transactions. 3. There are no hidden or undisclosed sub-soil conditions. No consideration has been given to oil or mineral rights, if~utstanding. 4. All general codes, ordinances, regulations or statutes affecting the property have been and will be enforced and the property is not subject to flood plane or utility restrictions or moratoriums, except as reported to your consultant and contained in this report. 5. The party for whom this report is prepared has reported to the consultant no original existing conditions or development plans that would subject this property to the regulations of the Securities and Exchange Commission or similar agencies on the state or local level. 6. No responsibility is assumed by the consultant for legal matters, nor is any opinion on flue rendered herewith. 7. The consultant herein, by reason of this report, is not to be required to give testimony in court with reference to the property analyzed, unless arrangements have been previously made. 8. The consultant has made no survey of the property and assumes no responsibility in connection with such matters. Any sketch or identified survey of the property included in this report is only for the purpose of assisting the reader to visualize the property. 9. No environmental impact studies were either requested or made in conjunction with this study, and the consultant hereby reserves the right to alter, amend, revise, or rescind any of the opinions based upon any subsequent environmental impact studies, reseamh or investigation. 10. Unless stated otherwise, no percolation tests have been performed on this property. In making the study, it has been assumed that the property is capable of passing such tests so as to be developable to its highest and best use, as discussed in this report. 11. Certain data used in compiling this report was furnished by the client, his counsel, employees, and/or agent, or from other sources believed reliable. Data has been checked for accuracy as possible, but no liability or responsibility may be assumed for complete accuracy. 12. No responsibility is assumed for matters legal in nature, nor is any opinion rendered herein as to title, which is assumed to be good and merchantable. The property is assumed free and dear of all liens and encumbrances, unless specifically enumerated herein, and under responsible ownership and management as of the date of this study. 13. The forecasts or projections included in this report are used to assist in the process and are based on current market conditions, anticipated short-term supply and demand factors, and a stable economy. These forecasts are therefore subject to changes in future conditions. 14. The consultant has relied upon the demographic data provided by the Lee County Community Development Department in order to Project population trends, hous!ng trends, gross sales trends, and economic trends for the subject area. The information relied upon is referenced within the applicable section of this report. The consultant does not warrant its accuracy. © 2003 Feas inomics~, Inc. All Rights Reserved 44/51 AGENOA FEB 1 O 200 15. The consultant has obtained data regarding building permits for single family and multi family products from the Lee County Planning Department. It is the consultant's understanding that multi family permits are those for condominiums and for rental apartment complexes. The rental apartment complexes which are know to the consultant have been omitted from this analysis. This, therefore, would reflect condominium unit development as reflected and would correlate with condominium sales based upon the Property Appraiser's office. 16. The consultant has obtained data regarding building sales for single family and multi family products from the Lee County Property Appraiser. This data includes Developer sales to end-users and does not include on your lot sales or construction end loan sales. The consultant cannot warrant the accuracy of the data from this source. The consultant has segmented and amended the data based on market knowledge of the general market, however no individual sales have been verified. The sales used from these sources reflect statistical trends, with larger samples of data providing a more heavier weighting and smaller sample size results in less weighted percentage of the total market. 17. The consultant has obtained data from each of the projects outlined in this report. A physical inspection of each community was made, along with data for each community obtained from a representative of the owner. The data obtained for each project is assumed to be true and correct, however the accuracy cannot be warranted or guaranteed. © 2003 Feas inomics~, Inc. All Rights Reserved 45/51 AGENDA ~t~2 ' FEB 1 0 200 CERTIFICATION OF MARKET STUDY I certify that, to lhe best of my knowledge and belief, 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report arid I have no personal interest or bias in respect to the parties involved. 4. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions, in, or the use of, this report. 5. Michael J. Timmerman, SPA, has made a personal inspection of the property lhat is the subject of this report. 6. No one provided significant professional assistance to the persons signing this report. 7. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, and the State of Florida for state-certified appraisers. 8. I certify that the use of this report is subject of the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 9. The use of this report is subject to the requirements of the State of Florida relating to review by the Real Estate Appraisal Board. 10. Michael J. Timmerman, SPA, am currently certified under the continuing education program of the Appraisal Institute. 11. Michael J. Timmerman, SPA, am currently a State-Certified Residential Real Estate Appraiser, in accordance with requirements set forth in Section 475.501 of the Florida Statutes. My State Certification No. is #0001331. 12. "This certificate is in accordance with the .Uniform Standards of Professional Appraisal Practice Standard Rule 5-3, and with the Appraisal Institute, Supplemental Standards of Professional Practice, beth effective January 1, 1989. Michael J. Timmerman, SPA St. Cert. Res.REA, 0001331 © 2003 Feas inomics~, Inc. All Rights Reserved 46151 FEB 1 0 200zf RESTRICTION UPON DISCLOSURE AND USE The by-laws and Regulations of the Appraisal Institute govern disClosure of the contents of this report. Michael J. Timmerman, SPA is a Member of the Appraisal Institute. The by-laws and Regulations of the Institute require each Member and Candidate to control the use and distribution of each report signed by such Member. This market study report and the contents and data contained herein are confidential and are proprietary property of FEASINOMICS, INC. No reprodUctions of any sort or release of any proprietary information contained within may be released without prior written consent of FEASlNOMICS, INC. Furthermore, neither all nor any part of this report shall be disseminated to the general public by use of advertising media, public relations media, news media, sales media, or other media for public communication without pdor written consent of the signatories of this report. This report is for intemal use of Ecogroup Inc. exclusively. The undersigned agrees to the confidentiality agreement, which is signed and attached as part of this report. This is copy number of Signature or Receiver Ed Oelschlaeger Date © 2003 Feas inomics~, Inc. All Rights Reserved 47/51 AGENDA ITEM FEB 0 200 QUALIFICATIONS OF TIlE CONSULTANT Michael J. Timmerman, SRA State Certified Residential Real Estate Appraiser 0001331 PROFESSIONAL MEMBERSHIPS SPA Designation - Appraisal Institute National Education Committee - Appraisal Institute Associate Member- Urban Land Institute (ULI) PROFESSIONAL ASSOCIATIONS Realtor-Member, The Naples Area Board of Realtors, Marco Island Board of Realtors. Florida Association of Realtors. National Association of Realtors. FORMAL EDUCATION Bachelor of Science in Business Administration and Economics from Northland College, Ashland, WI, 1983, with minor in Finance. REAL ESTATE EDUCATION Course 101: Course 102: SPP Part A: SPP Part B: Course 310: Course 510 The Society of Real Estate Appraisers, Intro. To Appraising Real Property. (1986) The Society of Real Estate Appraisers, Applied Residential Property Valuation. (1987) Appraisal Institute, Standards of Professional Practice, (June 1991) Appraisal Institute, Standards of Professional Practice, (June 1991) The Appraisal Institute, Basic Income Capitalization, (July 1997) The Appraisal InstitUte, Advanced Income Capitalization, (December 1999) RECENT SEMINARS A'FI-ENDED Appraisal Institute, Case Studies in Highest and Best Use. (2001) Appraisal Institute, Subdivision Analysis. (2001) Appraisal Institute, Valuation Modeling (2001) Appraisal Institute, GIS Analysis for Real Estate. (2001) Appraisal Institute, Residential Demand Analysis (2000) Appraisal Institute, Retail and Office Demand Analysis (2000) NATIONAL CONFERENCES ATTENDED Appraisal Institute National Conference, Minneapolis, MN June 2001. © 2003 Feas inomics~, Inc. All Rights Reserved 48/51 FEB 1 0 200 /,f'/ Appraisal Institute Fall Meeting, Chicago, IL November 2000 Appraisal Institute National Conference, Las Vegas, NV June 2000 APPRAISAL EXPERIENCE CEO & President, Feasinornics, Inc., Naples, FL, May 1991 to Present Residential Appraiser/Partner, Collier ResidenMal Appraisal, Inc., Naples, FL, June 1993 to August 1997 Commercial Appraiser/Consultant, Armalavage and LaCroix, Inc. May, 1992 to June 1993 Partner/Appraiser/Consultant, Criteda Appraisal Associates, Inc., August, 1988 to May 1992. Appraiser/Consultant, Landmark Appraisal Service, Inc., January, 1986 to August 1988. Appraiser/Market Researcher, Hodzon Appraisal Services, Inc., July, 1984 to January 1986. SELECTED CLIENT LIST Bank of America Golf Trust of America Barron Collier Companies :Jack Parker Corporation Beazer Homes iLaSalle Partners Bonita Bay Group, Inc. iMiromar Development Corp. Center Fund ISi,cjnature Communities Centex Corporations Suntrust Bank Collier Enterprises Toll Brothersr Inc. Courtelis Companies US Home Corp Crosswinds Communities WCI Communities Florida Power and Light Westbrook Partners © 2003 Feas inomics~, Inc. All Rights Reserved 49/51 FEB 1 0 200 , COPYRIGHT, TRADEMARK AND LEGAL DISCLAIMER Copyright This mpozt published by F~asiuomicsTM, Inc., hereby refereed lo as'"'l'I-~ ~T--, im~___..~ but no~ limiied ~o' Fe, asinomics, Inc. All rights re~-ved. All materials provided by Feasinomics, Inc. shall be used by the sub~cn~ (Ibc "User~) only for ~h¢ User's owa mmsf~l to any l~rsoa, corporation, orgs,~iz~,tioa, subsidiary or branch, in whol~ or in pat, without tl~ pri~ written consent of Feasinomics, Inc. Poss~sion of these m~_~dals does not carry with it the right of publicatiea there, of or to use the name of"Fe~sinomics~ in any msnn~,T witho[ll first Obtail~g the prio£ wrilt~l c~s~lt of Feasinomics, Inc. 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EI~RT" should be construed as granting any lic~ns~ or fight to us~ any Trademark displayed in "THE without the express written consent of Fcasinomics, Inc. or such third party that may own the trademaric Disclaimer TIdE INFORMATION IN "THE REPORT" IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIF~ OF ANY KIND, EITHF~ EXPRESS OR IMPLr~n. The mm_,~dals and information provided in "THE REPORT" by Feasinomics, Inc. constitute raw data, factual materials and the Oliims ~lm. Neither F~asinomics, Inc. nor any of its afiRli,L,~s, employes ~r agents will have any liability of any kind to tl~ user, subscriber or any employee, agent, or contractor of the subscn~-r otto any other person using th~ infom~'i,~axi materials ho'mtn or for any ~ or omissions heroin or for any opinions or conclusions cxpmssed. Other than as sct forth ~xpr~sly h~c'in, Feasinomics, Inc. makes no warranties, expressed or implied concerning the accuracy of the materials or information provided herein. © 2003 Feas inomics~, Inc. All Rights Reserved 50/51 F2. ! 0 2001 TERMS AND CONDITIONS OF USE Your use of Housing Demand Report constitutes your agreement to be bound by these terms and The Housing Demand Report ('THE REPORT-) is a service made available by F__~___~~, Inc. (the . 'Company") and ell co~ter~ information and defmilJor,.s provided in and through Ihe Housing Demand Report ('Information') may be used solely by you (the 'User") under the following terms and conditions ('Terms of Use'): 1. Subscription. As an authorized user of '"THE REPORT-, User is granted a nonexclusive, nontransferable, revocable, limited license to access and use the 'THE REPORT' and Infom3afion in accordance wi~ these Terms of Use. Company may terminate this subsc~ptJo~ at any time for any reason. 2. Limitations on Use. 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Company reserves the right to investigate complaints or rep(xted violations of the Terms of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any hformation necessary or appropriate to such pemons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses and traffic information. 6. Remedies for Violations. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use including, but no~ limited to, the right to cancel the 7. ModificaMons to Terms of Use. Company reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear in 'THE REPORT' and are effective immediately. User is responsible for regularly reviewing the Terms of Use. Continued use of 'THE REPORT' after any such changes constitutes User's consent to such changes. © 2003 Feas inomics~, Inc. All Rights Reserved 51151 FEB102006 1 From: Judy Richter [buckeyejudyl~necw.net] Sent: Tuesday, June 24, 2003 3:36 PM To: fredreisehl~colliergov.net Subject: Wiggins Pass Marina <<< In the Matter of the Wiggins Pass Marina Rezone (Coconilla) - As a Citizen of Collier County, I hereby urge the Army Corp of Engineers, the Department of Environmental Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best interest of Collier County and Deny the Applications and the Rezone. Thero aro significant reasons why the public interest is not served with a change of use on this property including: Collier County Growth Management policies which encourage water dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding Waterways, Cocohatchee River), Dredging of 3.6 acres. As a Citizen I am opposed to the Rezone, and would prefer to have the property remain commercial. I oppose any residential use that would allow any buildings to be constructed above the 75 foot C-4 commercial limit that the property is currently zoned for. I do not support the Bald Eagle Management Plan proposal which would allow construction in the Secondary zone(1500 feet) of the active Eagle Nest (CO-19) during the critical nesting season>>> Mr & Mrs Michael E Richter 270 Naples Cove Dr Naples FL A~NOA ITF. M FEB 1 0 200 From: burgeson_b Sent: Tuesday, June 17, 2003 4:53 PM To: reischl f; hadleykim Subject: FW: Wiggins Pass Marina Property here's another letter ..... Original Message ..... From: whiteway_c Sent: Tuesday, June 17, 2003 3:48 PM To: suitor d; burgeson_b Subject: F~: Wiggins Pass Marina Property Please respond. ...... Original Message ..... From: joanie_schultz@ftsi.fujitsu.com [mailto:joanie_schultz@ftsi.fujitsu.com] Sent: Wednesday, June 11, 2003 3:43 PM To: NaturalResources@colliergov.net Subject: Wiggins Pass Marina Property Dear Madam or Sir: I am writing you in support of residencial use for the former Wiggins Pass Marina property. Since I am unable to attend the public meeting on July 2nd, I am sending you this email. I would have appeared in person if I were able! Having been a part-time Naples resident for the past 10 years, I am well aware Of the efforts which residents have taken to ensure high standards in the "care taking" of property, parks and recreation, and in particular environmental issues regarding our waters, safety of manatees and bird sanctuaries. In many cases, I have recommended that "eco-friendly" individuals consider north Naples as their second and/or retirement home. Based on the information I have reviewed from individuals I respect, I truly believe that residential use of the property is the best and only option. Commercial use has the high probability of increasing pollution, seriously affecting our fish and mammals, in addition to lowering property values in ~he area. we very much need your support not just to maintain but to elevate north Naples standards. This is the best place to live in all of Florida; let's keep it that way! Thank you very much for your consideration. Sincerely, Joanie Schultz Director, Human Resources - FTSI AGE:NDA i~.~ FEB 1 0 2004 From: burgeson_b Sent: Wednesday, June 11, 2003 1:54 PM To: whiteway_c; reisehl_f Subject: RE: Public Hearing for Environmental Advisory Committee I'll send it to the planner and ask if he wants to distribute it at the meeting or send out before. Fred. what do you think? -- -Original Message--- From: whiteway_c Sent: Wednesday, June 11, 2003 12:50 PM To: burgeson_b Subject: FW: Public Headng for Environmental Advisory Committee How do we get this to the EAC? ----Original Message---- From: Park Shore [mailto:gulfshoreline@yahoo.COm] Sent: Wednesday, June 11, 2003 11:50 AM To: NaturalResources@colliergov.net Subject: Public Hearing for Environmental Advisory Committee TO: Environmental Advisory Committee members Ed Carlson, Michael Coe, Erica Lynne, Alfred Gal, .Ir., Alexandra Santoro, Thomas Sansbury, Ken Humiston, lVlichael Sorrell and .Iohn Dowd FROM: F. Brad Guerreiro, Naples resident and Pelican Isle Yacht Club Member Dear Sirs / Madams: I have faith and trust that the higher good of our beautiful community and unequalled environment will prevail during the meeting on .Iuly 2nd, 2003 with regards to the residential zoning for the former Wiggins Pass Marina property. A~A ITEM FEB 1 0 200~ ! appeal to your professional and community duty as you fully embrace the merits of how we all will benefit the environment by cleaning up existing pollution, introducing state of the art standards to the new marina, reducing boat traffic, and more. As a community, and an environment, looking into the future, we will all win. ' Thank you for your attention, Kind regards, F. Brad Guerreiro Do you Yahoo!? Free online calendar with sync to Outlook(TM). AGENDA IT~4~ No. FEB 1 0 200/~ From: burgeson_b Sent: Wednesday, June 11, 2003 1:54 PM To: rcischl_f; hadleykim Subject: FW: MARINA Hem's another one. ----Original Message- From: whiteway_c Sent: Wednesday, June 11, 2003 12:51 PM To: suitor_d; burgeson_b Subject: FW: MARINA ----Original Message From: Bonitacat~aol.com [mailto:Bonr~acat@aol.com] Sent: Wednesday, June 11, 2003:10:47 AM To: NaturalResources@colliergov.net Subject: MARINA I AM AGAINST BUILDING HOMES OR CONDO'S AT THE PRESENT LOCATION OF THE WIGGINS PASS MARINA.I OUR WILDLIFE IS GOING TO SUFFER..WE HAVE ENOUGH BUILDINGS ON THE WATERFRONT.. LOZELLE 253 BAREFOOT BEACH BONITA SPRINGS FL 34134 AGENOA ITEM 1 02004 From: Fiseus~l.eom Sent: Friday, June 27, 2003'2:18 PM To: jeb.bush~myflorida, com; saunders.burt.web~flsenate.gov; goodlette.dudley~$nyfloridahouse.com; green, carole~myfloridahouse.eOm; Robert. M.Tewis~saj 02.usacoe.anny.mil; JamesGMay~saj 02.usaeoe.anny.mi!; tom_mackenzie~s.gov; Pamela. Ammon~dep.state.fl.us; jimeoletta(~eolliergov.net; f~edcoyle~colliergov.net; donnafiala~¢olliergov.net; frankhalas~colliergov.net; tomhenning~eolliergov.net; LindyAdel~cs.eom; brad~TAXISusa, com; Dwight~gulfaceess.net; russellbudd~sprintmail.com; Davewolfley~aol.¢om; kla~att.net; Midney~aol.eom; MPStmin~tol.com; fredreisehl~eolliergov.net; dusty_perkins~fws.gov Subject: WIGGI]qS PASS MARINA (COCONILLA PUD) To Our Florida Officials, As an owner of property in Tarpon Cove, located in Naples of Collier County, I hereby urge the Army Corp of Engineers,-the Depadment of Environmental Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission 1o act in the overall best interest of Collier County and Deny the Applications and the Rezone of the Wiggins Pass Marina. There are significant reasons why the public interest is not served with a change of use on this property including: Collier County Growth Management policies which encourage water dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding Waterways, Cocohatchee River), Dredging of 3.6 acres. As a Citizen I am opposed to the Rezone, and would prefer to have the propedy remain commercial. I oppose any residential use that would allow any buildings to be constructed above the 75 foot C-4 commercial limit for which the property is currently zoned. I do not suppod the Bald Eagle Management Plan proposal which would allow construction in the Secondary zone (1500 feet) of the active Eagle Nest (CO-19) during the critical nesting season. And, I am adamantly opposed to moving the nest of the bald eagle in order to allow for this construction. Please do not allow this construction to take place. Carolyn Saxton 965 Tarpon Cove Drive #102 FEB 1 0 200 Mr. Thomas Sansbury Environmental Advisory Committee Collier County, FL July 30, 2003 Having.enjoyed the idyllic beauty of the Wiggins Pass Estuary for the past 12 years, my wife and I applaud you and your Committee Members for all the time and effort you've expended in On Wednesday, August 6~, you will have the rare opportunity to either achieve a number of significant environmental-sensitive accomplishments ...or... inadvertently become an agem to increased estuary pollution and erosion That day you will allegedly be asked to weigh the environmental hnpaets of whether the W'~gins Pass Marina property should remain zoned "Commercial", or be re-zoned for "Residential" usage. While you'll hear emotional arguments that this is a pro-boat vs. anti-boat argtunent, etc. I anticipate you will find this to be merely a 'haow-where-ean-I-keep-my-boat" smoke screen Let me add, Dorine and I are active boaters, and having spent a good deal of time around the Wiggins Pass Marina, we are convinced the real issues are ... pure and simple... Environmental!! Consider that the Marina had a capacity to store some 450 plus boats in 3 dry-stuck sheds, and offered some 15 - 20 pontoon boats on ½ day - full day rentals. Of note, the Marina is located at a dead-end"bay receiving minimal tidal flushing. Yet boats are being fueled (with some number experiencing "spillage") and with boats .starting up and idling with un-burned fuel/oil emitted into the air and water, at times it actually created a vis~le sheen floating on the surface. Furthermore, despite a number of No -Wake signs leading to the Pass, much ofthi.~ marina-generated boat traffic blatantly disregards the No-Wake zones creating excessive nmngrove/shore-fine erosion. While these observations are offered as examples of environmental abuses by some boaters and renters who have displayed little if any vested interest in' preserving the esmmy's integrity, we ask you whether a Commercial or Residential zoning would best enable you to effectively implement your avowed Environmental Mission Statement. Sincerely, Joseph G. Miller, Jr. Dorine A. Miller 445 Dockside Dr. Naples, FL 341 l0 Ed Carlson Michael Coe Erica Lynne Alfred Gal, Jr. Alexandra :Santoro Ken Humiston Michael Sorreil John Dowd FEB I 0 200~ qf~e ~ff. si~ences at q~e~can life O[acht Cfu~ ¢on&inim jlssociatim Inc c/o q-he g12amer Corporation . 886110ul ~lvenue Nortli ~rapfes, q%riFia 34108 (239) 591-I800 q>hone (23 ) February 17, 2003 Mr. Doug Fee, President North Bay Civic Association P.O. Box 770273 Naples, FL 34107-0273 Dear Mr. Fee: - We are writing on behalf of The ReSidences at pelican Isle Yacht Club Condominium Association, Inc.. Although we very much appreciate your concern for the North Bay community, we went to register our disagreement with your position of the VVh$gins Pass Marina. As the nearest neighbors to the property, the outcome of this issue will impact us most directly, so we hope you will give our perspective serious consideration. Importantly, many residents of Pelican Isle are members of North Bay Civic Association and we don't believe the NBCA is accurately reflecting the views of the local Naples community. Retaining the Marina is not a realistic option. As I know you are aware, the original Wiggins Pass Marina property owner has decided to close the marina and sell the property. The property is now under contract, and is thus not available for sale. Even if it were for sale, the cost of the land and the redevelopment that would be necessary to address the serious environmental, visual and noise pollution of the current marina make its operation as a marina an unprofitable enterprise. Neither the private sector nor the County can be reasonably expected to undertake such a losing proposition. It is time to face up to the fact that Wiggins Pass Marina will dose' permanently in April. A residential option for the property is far preferable to a commercial option. We must also remember that the property is already zoned commercial, and thus can be put to a number of uses, such as major retail, car dealership, restaur; or others, without any additional approvals from the County. We can all mt AGENDA ~- Ge No._ /'~ t~ FEB I 0 200~. that we would much rather have a residential property at that location rather than the noise, intrusion, and traffic the commercial uses would bring to our neighbor. In fact, a residential property will generate 50% - 100% less traffic than will a commercial propertyl The residential developer is responsible, fair and ethical. We have had direct and long-term experience with the developer that is under contract to buy the marina property, as they were responsible for Pelican Isle Yacht Club. We can say without equivocation that they will do a quality job, and will be good neighbors. They kccp their promises and treat others with great respect. They are to be trusted. We strongly believe that the North Bay community will be best served by coming together to develop reasonable and realistic solutions to the many issues that we face. We urge you to re-direct the consideration energy of your organization to that end,. beginning with demonstrating support for the residential rezoning petition for the VViggins Pass property. It is clear that the County Commission must now choose between commercial or residential. Our Association has reviewed the proposed residential development plan and we recommend approval. We strongly urge that North Bay Civic Association support the residential alternative. You also need to appreciate that as civic association for North Naples, the association represents all the residents in this area. Therefore, the association must be a voice for everyone and not just the narrow, biased views of certain board members or individuals. We respectfully request that you post this letter on your website as a step in the right direction toward fair and balanced communication regarding this important issue. Thank you so much for y our attention. President, Board of Directors The Residences at Pelican Isle Yacht Club Condominium Association, Inc. CC: Collier County Commissioners Collier County Planning Commission Fred Reischl, Principal Planner AGENDA I'!~_~ FEB I 0 200~. ~,~i~'~ JUN 2 2003 North B ])cdicated to preserVing our coastal l~lorida lifestyle Position Statement The Coconilla PUD/Wiggins Pass Marina property rezone .May 26, 2003 .Introduction Eco Ventures/Coconilla PUD, a Tampa development company, has on file an application for rezone (PUDZ-2002-AR-3158) of the Wiggins Pass Marina to allow construction of a residential condo project of 112 units, all but 10 of which would be in a triple-fired high-rise building of 15/18/20 stories over FEMA and other height allowances. It is expected the true height, from gradeto the highest roof peak, Will approach 250 feet. The property is presently zoned General Commercial C-4, allowing a maximum height of 75 feet (again adding the usual items that do not contribute to "official' height as it .is presently defined in the. LDC) with a setback of 50 feet. The plan also involves the loss of 400+ dry dock storage slips and the dredging and excavation of nearly 4 of the ten acres for a boat basin a~:ommodating 52 wet slips for boats of up to 55 feet in length. Applications for this part of the proposed construction are pending before the US Army Corps of Engineers and the Florida Department of Environmental Protection. Approval of this project from these agencies is far from assured, and North Bay has on file a request for a public hearing conducted by the ACOE. It is our strong belief that to insure the F_AC, the CCPC, and the BCC have sufficient input and information on the sedous environmental issues attendant this project that complete information, including the final ACOE report, is readily available to the County's hearing process. North Bay Civic believes the application process should be halted until all missing elements are available for public inspection and review. We support this position herewith: Proposed Rezoning Inconsistent with comprehensive Plan Sufficient reason to deny the rezoning application exists because it is inconsistent with a number of Policies contained in the Collier County Plan. A denial of this rezoning is unlikely be overturned by the Courts, especially under the standards established in the shifting burden of proof standard for re. zonings adopted by the Florida Supreme Court in Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993). It should be noted that the standard for rezonings is still a bit more deferential to the local government than for special exceptions. The Court in Snyder wrote: AGENDA ITEM No. ~ FEB 1 0 ZO0~ ... we hold that a landowner scc~ing to rezone property has lhe burden of proving that the proposal is consistent with the comprehensive plan and complies with all procedural requirements of the zoning ordinance. At this point, the burden shifts to the Rovemmental board to demonstrate that 'maintaininfl the exisfinfl zoning classification with respect to the property accomplishes a leRitimate public purpose. (Emphasis added). The proposed rezoning from Commercial to Residential should be denied because it w~ll allow a change in the existing use of the land that is inCOnsistent with the Comprehensive Plan; Conservation. and Coastal Management Element, Goal 10, Objectives 10.1. and Policies 10.1.1, 10.1.2; 10.1.3, 10.1.4, 10.1.5, 10.1.6, 10.1.7, 10.1.8, 11.4.7, as well as other Comprehensive Plan Policies: 'Policy 10.1.1 - Priorities for water dependant uses shall be: a. Public boat ramps b. Marinas 1. 'Commercial (public) madnas over private madnas; 2. Dry storage over wet storage c. Commercial fishing facilities d. Other non-polluting water-dependent industries or utilities Policy 10.1.2 - No deep-water ports shall be allowed. Polity 10.1.3 - Priorities for water-related uses shall be: a. Recreational Facilities b. Marine supply/repair facility · c.Residential development Policy 10.1.4 - The following priodty ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetation communities for water dependent/water related land uses shall apply:. Areas presently disturbed Disturbed uplands Disturbed freshwater wetlands Disturbed marine .wetlands Viable, unaltered uplands Viable, unaltered freshwater wetlands Viable, unaltered marine wetlands. Policy 10.1.5- In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided (see Policy 7.2.3) Policy 10.1.6 - a. b. New madnas shall conform to the following criteria: Madnas must provide vehicle parking and sewage pump out facilities; Fueling facilities shall be designed to contain spills from on land equipment and shall be prepared to contain spills in the water. Marina facilities must be accessible to all public services essential to ensure their safe operation Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County Dry storage should be encouraged over wet storage. Page 2 AGENOA I~ ' FEB 1 0 2004 Policy 10.1.7 - Madnas and other water depehdent and water related uses shall conform to other applicable policies regarding .development in marine wetlands. Marinas that propose to destroy wetlands Shall provide for use by the general public. Policy 10.1.8 - All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonsbate the economic need and feasibility for such development. PolicY 10.1.9 -These policies shall serve as criteria for the review of proposed development in 'ST' designated lands.' · Policy 11.4.7 - Prohibits consJ~uction seaward of the Coastal Construction Setback Line absent a showing that a prohibition would result in no economic utilization of the property. Most importantly, 'maintainin.q the exisfinq zoninq classification with respect to the property accomplishes a leqitimate public purpose' which under Snyderaffords a basis for denial o! this rezoning application (even if it were consistent with the Comprehensive Plan, which it is not). The existing use is a marina and dry dock storage facility ava~able to the public on a flint- come, first-served basis. The existing use of land provides a reasonable economic return on the investment-backed expectations of the current and future, prospective marina ownerS. The proposed private residential tower is not an allowable use of the subject land under the existing zoning scheme and such a rezoning would be inconsistent with the Collier County Comprehensive Plan. Dredging a deeper harbor is also inconsistent with the Collier County Comprehensive Plan and Wiggins Pass Management Plan that is designed to accommodate vessels with a maximum of 3-foot drafL Other Comprehensive Plan policies operate to discourage additional residential units in the coastal high hazard area and floodplains. Other valid public policy concems are raised by the. additional impacts'created by re. zoning to allow residential units including the current deficit and shortage of schools in Collier County, recent constitutional amendments to reduce classroom size requiring even more school classrooms to serve residences, and loss of the marina and dry dock slips that service this area's tourist-based economy. Collier County has demonstrated a need for the existing use of the land as boat slips and 400+ dry dock spaces. A valid planning need is addressed and provided by the existing marina, but is not addressed by the proposed re. zoning, especially if another replacement wet and dry storage marina location or site is not provided or designated on the Collier County Future Land Use Map or Zoning Maps. Collier County has few locations ~a.t a.m. environmentally suitable for new marinas andsituated closer to passes m~nlmr~lng manatee related impacts. New marinas and dry storage facilities are increasingly difficult to permit at the state and federal levels and would likely be contrary to siting priorities.of Policy 10.1.6 (resulting in disturbance of shoreline wetlands and uplands present in new locations rather than this *area presently developed' with the existing marina use). However, many other locations are available to build residential towem. The residents of all towers are able and could continue to utilize the property as marina and dry dock spaces available under the existing zoning and current use of the property. To increase revenues for the private landowner the County could enter into private/public partnership at the marina through a sale and lease back concession or other alternatives including creation of a number of condominium dry docks and boat slips, an option that has become increasingly popular with boaters and marinas in Collier County and Southwest Florida. Page 3 AGENDA I1'~ ") Nm FEB 1'0 200 *--- EAC review necessary for Eco VentureslCoconilla PUD projeCt The Land Development Code clearly supports the position that citizens be afforded an objective evaluation of any proposed development or site alteration with the potential of impacting the natural and environmental resources of the area. Astohishingly, even though the subject property is well inside the inside ~ Coastal Management Zone, adjacent to a navigable watemeay, and is one on which extensive dredging and excavation is proposed, the North Bay Civic Association discovered in late April that Development Services had no plan to bring this matter before the Environmental Advisory Council. Officials of that agency have since 'reconsidered and will be scheduling such a hearing for this application. In support of our point that an ElS is required, we submitted the following considerations: Section 3.8 of the Land Development Code establishes rules to assure that zoning matterS are processed by the Board of County Commissioners in light of a complete understanding of the impact such decisions have on the environment. The very first sentence in 3.8.2.1 dearly shows that ElS rules apply to both present site alteration and to proposed development. Under LDC :~.8.3, an automatic waiver of the requirement to submit an Environmental Impact Statement and an appearance before the Environmental Advisory Council for any site seaward of the coastal management boundary can only be granted on parcels of less than 2.5 acres. The remaining possibilities for an exemption are in section 3.8.9. An.exemption exists for single family home or duplex (3.8.9.1) and for land under bona fide agricultural use (3.8.9.1.1), 3.8.9.2.1 (site altered pdor to Code); 3.8.9.2.2 (no major flora or fauna); 3.8.9.2.3 (adequacy of surface drainage); 3.8.9.2.4 (improvement of ecological deficiencies); and 3.8.9.2.5 (t~e project uses existing buiidingswith no modification of the existing land forms.) Each of these criteria must be examined in light of the two-pronged tesl: applicability to the existing site and also to the proposed use. The proposed dredging of a marina basin at depths greater than the surrounding area is a modification of existing land form that has environmental impact, especially because of the shallow Wiggins Pass which is maintenance dre~lged onJy to accommodate vessels of 3 foot draft or less, and the use of anti-fouling paint- on larger vessels kept in wet slips rather than those currently kept in dry storage deeper water basins can entrap pollutants and result in lower dissolved oxygen levels. It's critical to note that an exemptiOn under 3.8.9.2, providing for the possibility that in the opinion of the development services director the proposed project is not located in an area or on a parcel of land of environmental sensitivity, requires consideration of each of the criteria (emphasis added.) These findings must be summarized in a written report placed in the public record and is subject to challenge. 3.8.9.2, requires that each and every criteda be considered and justified. The propoSal to dredge some 400 cubic yards of submerged lands and excavate over 72,000 cubic yards of uplands to create 50 slips for deep draft boats requires ElS. We additionally have ongoing concerns that (1) Wiggins Pass and the estuary cannot accommodate large vessels; (2) That conversion from dry slips to a wet slip harbor requir~ Page 4 - AGENDA ITEI~ No. ,., ~ FEB 1 0 'the use of marine anti-fouling paint on these larger vessels that can result in the accumulation of copper in the deeper, dredged madna basin; (3) Dissolved oxygen and water'quar~y is also reduced in the deeper depth of marina basins; (4) This area at mouth of the Cocohatchee River, a listed impaired waterbody, is in need of restoration, not additional (non-maintenance) dredging; (5) The area is also designated an Outstanding Florida Water that should not allow . degradation of existing baseline conditions at the time of designation; (6) Nearby Pelican Isle/Conklin Point water quality testing showed increased copper trends and had previously agreed not to expand as part of a DEP permit challenge; (7) Vanderbilt Lagoon is suffering water quality problems and the v~r~gins Pass estuary system may be implicated; (8) There will be pressure to bring this rezone-before the EAC pdor to the release of the final ~ determinations of the ACOE and the Florida DEP are made available. We believe these reports will include information on the public interest aspects of the project and other information critical to a fully informed atmosphere at the upcoming CCPC and BCC hearings. There is one final reason to bring this matter before the E. AC: Collier County Ordinance 2.000- 88. Details follow below. Eagle Management* Plan The required Eagle Management Plan, submitted with the most recent revision to the Eco Ventures/Coconilla PUD project, is not consistent with the stricter standards'of the Signature/Cocohatchee Bay PUD plan in effect for the same secondary zone. All but a small portion on the southeast comer of the marina property falls in the 1500-foot secondary zone of the CO-19 eagle nest. Signature is restrained from any construction work during the nesting season (October I to May 15.) Eco Ventures only proposes to have an approved monitor in place while construction continues unabated year round. Approval of this plan as proposed might . constitute a grant of special privilege to Eco Ventures and as such would be contrary to the Land Development Code (2.7.2.5.12). A grant would additionally be inconsistent with Ordinance 2000-88, the Cocohatchee Bay PUD, which incorporates an eagle plan that cannot be modified in any way without F_AC review. ProPosed Donation of land by Eco Ventures/Coconilla PUD Eco Ventures/Coconilla PUD's. new application adds a "public use' tract of approximately one-third of an acre. Of interest, the parcel is carried on the tax rolls (Folio No. 00156600105) at a value of $50 (fifty dollars.) In exchange for some three dozen new parking spaces, the developer is asking for an additional 145 feet or 14 floors over the presently vested height limit of 75 feet_ Eco Ventures will convert that gift of sky to residential space worth well over $100 million. Should Collier citizens give up tens of millions of dollars worth of sky for a few additional parking lanes at the boat launch, in effect paying 3 to 4 million of dollars for spaces carried on the county books at less than two dollars each? And while them is no question that the additional parking is needed, ifs obvious that the county enjoys a number of options to acquire this land at any time without having to make concessions on neighborhood sky and air or becoming party to the demise of a treasured place of public accommodation. A better plan would be to buy the marina as a public recreational facility or operate the marina as a private-public partnership. Page 5 Neighborhood standards Despite the presence (or authorization) of a number of structures in the mid-rise category, the neighborhood maintains a definite horizontal visual character due to landscaping barriers and long setbacks. For example, the nearby Signature/Cocohatchee Bay PUD is required by Ordinance 2000-88 to 'impede the view of high rise residential structures from Vanderbilt Drive.' This is to be accomplished with a buffer of a minimum depth of 35' and of a height adequate to significantly hide all five buildings from the public's view from the roadway~ Eco Ventures/Coconilla PUD cannot meet these requirements at the scale proposed to obscure the view of their building. The neighborhood standards imposed on Signature should be consistently applied to all future construction lest this hard won paradigm be negated by the change in the visual character of the neighborhood to a vertical one. The 2000 Signature ordinance also dictates a minimum setback from Vanderbilt Drive of one full building height, or 200 feet. Minimum setbacks from the other property lines must be one-half building height. Eco Ventures/~nil~ PUD promises only 50' for garage.structures, and 75% of the building height for the vertical surface of the residential tower. Signature is height limited to 200' or 20 stodes for four of the buildings, with the northernmost tower restricted to 150' or 15 stories. Eco Ventures is asking for 220' or 20 stories over parking, FEMA, and roof elements. The Signature/Cocohatchee Bay PUD will be 91% open space. Eco Ventures/Coconilla PUD can only deliver 63% open space. Most importantly, the signatureJCocohatchee project's density is 1.1 dwelling units per acre while Eco is proposing 11.6 DUA. We feel the proposed project is not compliant with existing neighborhood standards and fear that any exceptions granted this applicant or to subsequent petitiOners will initiate a height and mass escalation from which there will be no recovery. The conversion to. residential clause This GMP clause, offedng a density bonus for certain conversions from commercial to residential, if utilized in this case raises legitimate public policy concerns. It was intended to encourage businesses to leave randomly located strip malls to gather in and around Activity and Interchange Centers, But this good concept has been misapplied to the 'death of common sense"in this case. Pockets of neighborhood commercial activity are important to minimize the need for travel to distant centers for a variety of everyday needs. The original purpose of the conversion bonus, which promotes dissolving all commercial zoning outside the county's two dozen Activity and Interchange Centers, could not possibly have been intended to eradicate such a prime water dependent marina and dry storage area. This neighborhood is far from a strictly residential one. The marina property abuts a true residential area only along ts northern border. To the south is a public park (P;) to the southeast, a neighborhood commercial component within the Wiggins Bay PUD; to the east. a golf course (GC;) and to the west is an unbuildable mangrove wetland. Across a.narrow water channel to the southwest is Pelican Isle, zoned 'RT. This panoply of abutting uses is in balance with the needs of the residents of the Wiggins Pass area. Page 6 AGEJ~A I FEB 1 0 Of significance, the commercial parcel in the northwest comer of the Wiggins Bay PUD has twice been rejected by the BcC for a rezone to residential. In Octx3~r 1996 the Board tumed down a proposal for a 15-story, 56-unit condo tower on the grounds that it lacked adequate setback to conform to existing neighborhood visual standards. In March of 1998 the BCC again voted to deny a rezoning for the same parcel, this time for a pair of 7-story buildings requesting the maximum density bonus of 16 dWelling units per acre. This decision turned on a finding that the proposed density was incompatible with the neighborhood standard of under 5 du/acre established in the adjacent residential portion of the VV'~jgins Bay PUD. It is the great fear of the North Bay Civic Association that a grant of the subject petition will result in an immediate application to resurrect one of the previously rejected condo tower projects. And that would eliminate the last remaining possibilit7 for a neighborhood commercial use or other amenity for the area. We note finally that the conversion of commercial provision declares that a bonus may be granted of up to 16 units per acre. The bonus is not mandatory, but discretionary. Other considerations There is great local C°ncem for the protection and most beneficial utilization of the property in question. The VVkjgins Pass Marina, although consistently in private ownership, has operated as a place of public accommodation for many decades. The.benefits of the proposed condo tower development would accrue only to a small group of people and be far outweighed by the detrimental effects on the thousands of boaters, renters, and charter patrons for whom this facility represents a singular hope of reasonably convenient Gulf access. The present use is water dependent while the proposed use is not_ The property is located in a floodplain and coastal high hazard area. A marina in such a location is more appropriate than a residential project. The area is home to manatee and a family of American Bald Eagles, all of which are well adapted to the present marina structure. The eagles and their new offspring perch daily on a Norfolk Island pine near the water and the manatee feed on a natural fresh water spring in the marina basin and are enjoyed by countless residents. The planned dredging and excavation would likely destroy both features. Private property dghts guarantee owners enjoyment of their land and the ability to put it to a compatible productive use, but there is no entitlement to the use that results in the highest poss~le monetary gain. It is the distinct impression of the North Bay Civic Association that a vast majority of our membership and citizens in the area impacted by the possible closure of the marina see the present commercial use as a positive feature that contributes greatly to the character and diversity of the neighborhood. It is not seE-evident that residential useis universally preferable to commercial use. Our neighborhood is classified on the Future Land Use Map of the Growth Management Plan as an Urban Mixed Use District. Many do not want the existing balance destroyed, and are not easily swayed by suggestions of having to tolerate a hotel, (a hotel would still be inconsistent with the policies contained in Objective 10.1 of the Comprehensive Plan and should be denied even under the existing zoning), if we do not succumb to the Page 7 AGENOA I' No. FEB 1 0 200 rezone request. Nor are we convinced that a marina cannot simultaneously be attractive, profitable, and well landscaped. Even the applicant admits that the proposed residential project would not result ina large reduction in traffic over that generated by the public access marina. But a significant consideration in this matter is the increase in area traffic occasioned by the marina's closure as hundreds of neighborhood residents roam the far reaches of two counties to retrieve the boats formerly stored within the immediate area. From this perspective, the privatizati0n of the madna could result in a net increase in traffic. LDC 2.7.2.5. Nature of requirements of planning commission report When pertaining' to the rezoning of land, the repo[t and recommendations of the planning commission to the board of county commissioners required in section 2.7.2.4 shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed rezoning is inconsistent with the policies set forth under Objective 10.1 of the Comprehensive Plan set forth above. It is further inCOnsistent with the · Recreation and Open Space Element, Policy 1.3.2, and Objective i0.2 of the Conservation and .Coastal Management Element. These provide that the County must 'Continue to ensure that access to beaches, Shores and waterways remain(s) available to the public and develop a program to the availability of such access and to maintain a method to fund its acquisition.' This project rezoning would unarguably result in further limiting public access to the waterways. The Eco Ventures/Coconilla PUD proposal is likely to cause impacts on the adjacent estuadne system. Policy 2.1.1 of the Conservation and Coastal Management Element obligates the county to evaluate all activities that drain into the estuaries and/or have an impact on the watersheds. The application is silent on this matter. The existing General Commercial classification permits the use of the property as a madna. The site has hosted a .madna of public accommodation for several decades. The current use is water dependent while the proposed use is water-related. The County has an obligation to give priority to water-dePendent uses. (GMP, CCME, Objective 10.1 and policies thereunder) The proposed use would eliminate dry storage for 450 craft to create a private wet- slip madna for the exclusive use of approximately 50 condo owners. This is inconsistent with the GMP, CCME, Policy 10.1.1 that obligates the County to give priority in water-dePendent uses to public marinas over private marinas and dry storage over wet storage. Policy 10.1.3 says the county 'shall' grant priority to a madne supPly/repair facility over residential development. Fiodda Statutes Chapter 163 requires development orders to be consistent with all elements of the Growth Management Plan. This application is inconsistent with many policies contained in the comprehensive Plan. Page 8 AGENDA ITE~ FEB l 0 200 5. Whether changed or changing cond'~ons make the passage of the proposed amendment necessary. It is far from conclusive that the present zoning precludes fair economic return. It is not difficult to find persons or companies interested in the property for a variety of uses, includi, ng some who would rebuild a public, marina o~, ~ pro ~1:~..r~J; W.,e note the January ?-2"= meeting between the petitioner ano county l~anmng omc~a~, me primary purpose of which was to discuss a conditional use for a hotel. It has been a fairly consistent theme of Eco-Ventures public presentations that a hotel use will be sought for the property if the rezone is denied. 6. Whether the proposed change will adversely influence living conditions in the neighbomood. It is not difficult to find people who claim to have moved to the neighborhood because of its proximity to the m~rina. The list of former renters sustains the claim that many of the 450 displaced dry-storage tenants liVe within a few miles of the location. A change in zoning from commercial to residential would not only 'forever preclude the possibility of some form of water access that is open to the public, but it most likely signal the end of the only other remaining possibility for neighborhood commercial at the opposite comer of Vanderbilt Drive and Wiggins Pass Road. g. Whether the proposed change will serfousty reduce light and air to adjacent areas. The property is presently zoned Commercial C-4, with a height limit of 75 feet with a 50-foot setback. Any increase over the present limit will needlessly reduce light and air to adjacent public rights 'of way. These sky views-belong to the people, who should not be forced to give them up without adequate compensation. 10. Whether the proposed change will adversely affect property values in the adjacent area. Maintaining the existing uses on the land will not adversely affect property values in the area. Eventually the cumulative impact of loss of boating access will have adverse economic impacts on the tourist and retirement-based economy of the entire community. Boating plays a significant economic role in Collier County and a reduction in boating access can easily be seen as leading to reduced property values. 12. Whether the prOpOsed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The rezone application will grant a prospective purchaser uses that are inconsistent with the priorities for water dependent uses contained in the Comprehensive Plan (see, Goal 10.1). This will be contrary to the recreation-based economy and therefore to the public welfare. A grant of sPecial privilege will result from this proposal. The application requests greater building height, lesser setbacks, greater mass, less green space, and more density than exists at either of the two closest residential PUDs: Cocohatchee Bay (1.1 du/acre) and Wiggins Bay (4.96 du/acre.) E~:o ventures wants over 200% more than the highest Page 9 AGENDA ITEM FEB 1 O 200 figure, 11.6 du/acre. A density disparity factor of over ten fa~ the test for infiil zoning and forms the basis of a claim of a grant of special privilege. 13. Whether there are substantial masons why the property cannot be used in accordance ~ existing zoning. · A marina operation on the subject property is viable economic use. Informed persons have opined that the market is experiencing an unsustainab.le'property value bubble~ North Bay has informally spoken.with a number of entrepreneurs and one banker with positive views on the prospect of renovating and operating a modem marina with dry storage capacity on the subject property under the existing zoning category. Rezoning would foreclose that opportunity. To increase revenues for the private · landowner, if desired, the County could also enter into private public partnership at the marina through a sale and lease back concession. Other marina and dry dock alternatives exist, including creation of a number of condominium dry docks and boat slips, an option that has become increasingly popular with boatem and madnas in Collier County and Southwest Florida. We believe the use of the property as a marina with dry storage is viable under ils present zoning classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The most recent application references the creation of "a massing transition and incremental increase from the lower adjacent residential develoPment to the southwest [Pelican Isle] to the taller residential development to the north.' The latter referenced project~ the Cocohatchee Bay PUD, is required to be unobtrusive to the traveling public behind impeding horizon features. It is therefore incumbent on the petitioner avoid overwhelming the neighborhood by presenting a true transitional mass to the public. This of necessity means less height and bulk and/or greater setbacks than is required of Signature. As proposed, the design falls well short of neighborhood standards on visual masking. Absent a design that produces a mid-point of bulk and mass between the public park to the south (near zero height) and the Cocohatchee Bay PUD (200 feet,) this proposal must be denied on failure to comply with Section 2.7.2.5 of the LDC. There exists a~ple precedent for a denial on grounds of scale. A commercial parcel within the Wiggins Bay PUD, diagonally across an intersection from .the subject property, was twice denied a conversion from commercial to residential. Both denials were based on grounds of excessive intensity, first expressed as visually unacceptable height (15 stories) in October of 1996 and subsequently for density exceeding neighborhood standards in March of 1996. The 3.5-acre parcel remains .classified commercial today.. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in disth'cts already permitb'ng such Use. The application is silent on this point, but there are other areas aVailable to build a condo tower without depriving this neighborhood and the entire county of a much- needed place of public accommodation for access to the Gulf and the Intercoastal Waterways. Page 10 FEB 1 0 200 .203 Conclusion The commercial use is in place and fully compliant with the standards of a Mixed Use Urban District Maximum building height is presently restricted to 75 feet, consistent with the nature of the neighborhood as one of Iow visual impact. While the list of permitted uses in a C-4 zone is extens'rve, most of those uses are not practical on waterfront property and are effectively 'off the table.' This narrows the choice of future use on the property as a commemial district to a handful of Iow-impact marine related choices. Further erosion of water dependent commercial marinas in this area is insupportable. Further, it is well established by two BCC decisions that residential use is not necessarily less intense or more desirable than commercial when the impact of visual mass and density is evaluated along with the more traditional criteria. It is also established by a prior BCC decision that building height, of and by itself, can under certain circumstances make a significant contribution to a project's intensity. in each of the previous two proceedings, the first decided 3-2 and the most recent 5-0, it was amply demonstrated that Iow-intensity commercial activit7 in neighborhoods can be a preferred use as it captures traffic that would otherwise flood the larger road network. This thinking by earlier commissions proved prescient; such Smart Growth policies have since been incorporated in a number of recently planned communities. The developer argues forcefully that a marina is not a viable option. But there are many claiming otherwise...that ~ modem storage techniques and attention to appearance a marina could be beth profitable and a visually pleasing asset to the neighborhood. And even a tasteful boutique hotel would be more consistent with the adjacent commercial 'use in the Wiggins Bay PUD and in the three RT zoned parcels to the south than is the plan for a private, gated condominium project at issue in this proceeding. The currently proposed design---said by the developer to represent the smallest viable configuration for residential usc creates the serious issue of overwhelming bulk relative to the adjacent properties. We feel thi. s more intense use is incompatible and out of compliance with the neighborhood standards and with the Land Development Code itself. Residential use assures a loss of boating and waterfront access, sky views, and a permanent preclusion of the possibility that the property continue as a place to accommodate shoreline and boating access on a first come first Served basis under Collier County's waterfront priorities. While the PUD district is widely regarded as 'custom or cluster zoning' that enCOurages innovation in the development process, it is by no means devoid of constraints and limitations. LDC 2.2.20.3.3 states that all PUD dimensional standards must conform to those of the zoning district to which it most closely resembles in type, density, and intensity of use. The Coconilla PUD most closely resembles either the RMF-16 district, which places a 75-foot limit on building height or the RT district with a more liberal 100-foot limit. But this petition is asking for 220 feet, over double the height of comparable conventional districts. That is not a reasonable interpretation of the dimensional roles for PUDs. 'PUDs were never meant to stray substantially from what you would normally be enticed to under a conventional zoning district.' This is a verbatim quote from Ron Nino, a former county planner, taken from the transcript of the October 8, 1996 BCC hearing. It speaks volumes about the disconnect between this proposal and the Land Development Code. Page 11 AGENDA ITEM FEB 1 200 l We believe the destruction of the horizontal character of the neighborhood creates a significant obstacle to converting this property to residential use at this time. It is also an important consideration of a virtual certainty that approval of this 20-sto~ building will remove all barriers to the construction of a high rise at the Wiggins Bay property and may even give neighboring properlies the needed precedent to .re-open their PUDs for taller buildings and lesser setbacks. The benefit of additional parking, reduced pollution, minimal traffic impact, tax revenue, and pleasing landscaping is not exclusive to this condo toWer project. Similar improvements will accrue to the neighborhood in any intelligently authorized future use of the property, including commercial marinas. It is the position of this Association that there is a higher and better calling for this marina property than as a site for a building that shatters hard-earned neighborhood standards on height, setback, bulk, density, and ObtnJsiveness. This is consistent with the desire for a quiet, Iow-traffic impact, clean, visually pleasing and otherwise beneficial use that unites all sides of this issue. The area hasno furtheruse for projects that constantly prompt the comment 'How did THAT get permitted?' Denial of the rezone on the greunds of non-compliance with county law is a proper conclusion to this proceeding. It will preserve the character and diversity of this mixed-use neighborhood in a manner truly consistent with the public interest of all the citizens of Collier County and the numerOus visitors who comprise an important part of the local economy. The North Bay Civic Association Board of Directors · May 26, 2003 Page 12 AGEI~A IT'EM FEB 1'0 200 There is sufficient reason to deny this re, zone application because it is inconsistent with a number of policies in ~he Growth Management Plan. This paper shows officials that even if the proposal were consistent with the Comp PIan, which it is not, the BOCC can still legally ma~tain the existing zoning classification because it a number of legitimate public purposes. g.T.q and FAC necchi_fy under LDC 3.8. - Proposed eagle management plan in conflict with existing ordinance. Changes require EAC review. Donation of parking spaces to county park inadequate to offset gift of extra height requested.' The price of this rezone is far t°o high. The people are being asked to forfeit the pleasing horizontal symmetry of the neighborhood for a handful of parking spaces in the nearby public park...something the county can otherwise obtain without ~_c~i_ 'ricing the nearby skyline to another overly massive concrete tower. Proposal fails to'meet neighborhood standards established by Ordinance 2000-88. The conversion of commercial bonus no longer serves a compelling county purpose and should be abolished. The argument that the rezone is justified to restore the residential nature of the area is one lacking a factual basis. There are six separate zoning categories represented among the properties abutting the marina parcel. One, the RT district hosting Pelican Isle, is already authorized for hotels, motels, family ' care facilities, timeqhares, and townhouses. The existing commercial zoning is a positive feature that contributes greatly to the character and diversit~ of the neighborhood- The removal of one of the two commercial parcels will have a negative impact on traffic Reasons to deny exist under Land Development Code Section 2.7.2.5 2.7.2.5 (1): Inconsistent with GMP policies on beach, shore and waterway access. 2.72.5 (12): A grant of special privilege would resuR from approval of this rezone for greater building height, lesser setbacks, greater mass, less green space, and more than exists at either of the two adjacent residential PUDs. ~2.7.2.5 (14): The Coconilla residential tower project proposes 30% greater mass than in the area and would be out of scale with the neighborhood. Precedent for denial exists. An adjacent commercial PUD was twice rejected for rezone to residential. 'Further erosion in the neighborhood's commercial zoning is contrary to Smart Growth policies now embodied in the Land Development Code. Nodes of low- intensity neighborhood commercial activity captures traffic that would otherwise the larger road network. The demand for 220 feet of height is completely inconsistent with the LDC role on PLIDs. LDC 2~2.20.3.3 states that all dimensions in PUDs adhere to those in the most comparable conventional district The requested height is 145 feet over the 75 allowed in the district. A former planner is quoted. desire for a quiet, low-traffic impact, visually pleasing use'for this property unites all sides of the debate. But such benefits are not tied to granting this request for another bUilding that overwhelms its surroundings to forever alter the horizontal character of the neighborhood. Page13 FEB 1:0 200q ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8517N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-4" GENERAL COMMERCIAL DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCONILLA PUD LOCATED ON' VANDERBILT DRIVE (C.R.# 901), AT THE WESTERN TERMINUS OF WIGGINS PASS ROAD (C.R.# 888), IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.45 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere, AICP, of RWA Inc., representing EcoVenture Wiggins Pass, Ltd, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 17, Township 48 South, Range 25 East, Collier County, Florida, is changed from "C-4" General Commercial Zoning District to "PUD" Planned Unit Development Zoning District in accordance with the Coconilla PUD Document attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8517 N, as described in Ordinance Number 9 I-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATFEST: DWIGHT E. BROCK, CLERK BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency /~arjorie M. Student Assistant County Attorney PUDZ-02-AR-3158FRdlo -1- COCONILLA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCONILLA, A PLANNED UNIT DEVELOPMENT (PUD), PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-102, AS AMENDED. PREPARED FOR: ECO VENTURE WIGGINS PASS, LTD. 601 BAYSHORE BOULEVARD, SUITE 960 TAMPA, FL 33606 PREPARED BY: ROBERT J. MULHERE, AICP CONSULTING 3050 NORTH HORSESHOE DRIVE, SUITE 270 NAPLES, FL 34104 G:\CurrentkReisch~PUD~Cocom~a~7~conilla pUD I 1-10-O3.doc DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAl DOCUMENT DATE EXHIBIT "A" AC~I[)A I'rF_J~l FEB 1 0 2006 INDEX SECTION I SECTION H SECTION HI SECTION IV SECTION V SECTION VI List of Exhibits and Tables Statement of Compliance Property Ownership & General Description Project Development Residential "R" Development Tract Public Use "P" Tract Marina Basin "M" Tract General Development Commitments PAGE ii iii 1.1 2.1 3.1 4.1 5.1 6.1 G:\C~tkR~chlkPIJD\Cocom'lla\Coconilla PUD 1 I-IO-O3.doc FEI3 1~0 200~ LIST OF EXHIBITS AND TABLES EXHIBIT "A" EXHIBIT "B" TABLE I TABLE II Planned Unit Development Master Plan Legal Description Land Use Summary Development Standards G:\Current kReischlXP LrE~C ocom'lla',Coconil la PUD I I - 10-03.do~ ii FEB 1'0 200~, STATEMENT OF COMPLIANCE The proposed Planned Unit Development (PUD) provides for the development of approximately 10.45 + acres of property in Collier County to be known as Coconilla PUD and allowing for up to 95 residential units in a residential tower building and town home units, with customary accessory uses including up to 20 cabanas; a marina building; and a marina basin with 52 boat slips (project). The Project will comply with and further the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan (GMP). Coconilla PUD will be consistent with the applicable elements of the GMP for the following reasons: Traffic ways, utilities, and other public facilities necessary to serve the Coconilla Project are adequate. The project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. The Coconilla PUD will be compatible with and complimentary to existing and planned land uses in the vicinity. The project lies in a waterfront area which includes significant high-rise multi-family development. The subject property's location in relation to existing or proposed community facilities and services permits the project's residential density as described in Objective 2 of the Future Land Use Element (FLUE) and furaher authorized by the Conversion of Comrdercial Zoning Regulation set forth in the Density Rating system of the FLUE. The project's is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Under the FLUE Density Rating System as an incentive to convert commercial zoning which is not consistent with the locational requirements set forth in the FLUE, a density bonus of up to 16 units per acre may be granted for conversion of such non-conforming commercially zoned properties from commercial to residential use. The project must be compatible with the surrounding land uses. The subject property, located on Cocohatchee Bay with direct access to the Gulf of Mexico, is immediately adjacent to and compatible with the Cocohatchee Bay PUD Zoning District to the north, west, and east across Vanderbilt Drive. That PUD Zoning District allows high-rise residential development adjacent to the subject property and golf course development to the east, across Vanderbilt Drive. The County Park and the Pelican Isle Yacht Club Marina and Residential Towers are located to the south of the subject property. The allowable residential uses are compatible with those adjacent residential and park uses. The Collier County Land Development Code (LDC) does not permit the use of marine wetlands in density calculations. There is 0.43 acre of marine wetland on the site, resulting in a 10.02 acre parcel to be used in density calculations. The gross density for the PUD, therefore, is calculated as follows: 95 units/10.02 acres = 9.5 dwelling units per acre. Improvements are planned to be in compliance with applicable sections of the Collier County LDC as set forth in Objective 3 of the FLUE. The project will result in an efficient and economical allocation of community facilities and services consistent with Objective 3 of the FLUE and its attendant Policies. The project is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to the Count Management System as set forth in the GMP and implemented through Divi~ LDC, Adequate Public Facilities. G:\Cur r~:nt ~R.~.s chKP LID~.~o m'lla'~oc~n fl I a PIJ'D I I- ! 0JI3.doc 111 t'.~ Congurrency~.~ i°n u~.~~ FEB 1 0 200q SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Coconilla PUD. 1.2 LEGAL DESCRIPTION The subject parcel is located in Section 17, Township 48 South, Range 25 East, Collier County, Florida. See PUD Exhibit "B" for a full legal description. 1.3 PROPERTY OWNERSHIP The subject property is owned by Wiggins Pass Marina Co. Inc., a Florida Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Ao Bo The subject property is located on Vanderbilt Drive (C.R. 901) at the terminal point of Wiggins Pass Road (C.R. 888), in Section 17, Township 48 South, Range 25 East, Collier County, Florida. The lands to the north and west of the subject property are zoned Planned Unit Development (PUD); specifically, these lands are a part of the Cocohatchc Bay PUD. Lands directly to the east of Wiggins Pass Marina are part of the Vanderbilt Drive right-of-way. Across Vanderbilt Drive, further to the east, the property is also part of the Cocohatchee Bay PUD. To the southwest of the property is the Cocohatchee Bay. To the south is the Cocohatchee River Park (formerly known as Conklin Point), maintained by Collier County Parks and Recreation Department. This property is zoned "P", Public Use. The zoning classification of the project, prior to approval of this PUD Document was C-4. 1.5 PHYSICAL DESCRIPTION Ao The site is generally flat, ranging in elevation from 0.0 feet NGVD at the Cocohatchee Bay to approximately 9.48 feet NGVD. The uplands generally range from 5.06 feet NGVD to 9.48 feet NGVD. The site lies within Flood Zone AE (EL 12 feet) according to Flood Insurance Rate Map (FIRM) Map Community 120067, Panel 0187 E, dated August 3, 1992. The project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Cocohatchee Bay after pre-treatment. Soil types within the project include: Aquents complex, consisting of urban land and soil materials that have been dug fi.om different areas of the County and spread over muck soils (such as those which historically existed on the site) as fill material; and, Holopaw- Basinger complex, consisting of urban land and fine sands and sandy l,:,~-~-,~,~,~diS~f,t~ c" at least 80 inches. ~o. ' ? ~ 1.1 G:~Cm'reat~Reisch/~PUD~Cocom]la~oconilla PUD 11-10-03.doc FEg 10 200q Pg. 1.6 PROJECT DESCRIPTION The project will consist of up to 95 residential units in a residential tower building and town home units, a gatehouse, a marina building 'and a marina basin with 52 boat slips, internal roadways, guest and service parking areas, water features and detention areas, off-site mm lanes onto Vanderbilt Drive and associated on-site underground infrastructure, and typical associated accessory uses. Residential and recreational uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffeting, and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "COCONILLA PLANNED UNIT DEVELOPMENT ORDINANCE." G:\Current~'isch!~LlD\Cocom]ta\CoconiHa PUD I 1-10-03.doc 1.2 FEB 1'0,200q 2.1 2.2 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development, the relationships to applicable County ordinances, the respective land uses included in the project, as well as other project relationships. GENERAL Ao Development of the Coconilla PUD shall be in accordance with the contents of the PUD Document and applicable sections of the LDC and GMP in effect at the time of issuance of any development order to which such regulations relate such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Where the regulations set forth in this PUD fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Deviations from the provisions of the LDC (or any other applicable provisions of the Collier County Code) are set forth under Section 2.3 of this PUD Document. Bo Unless otherwise noted, the definitions of all terms shall be the same as the defmitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for th, development of the Coconilla PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived, or excepted by this PUD and identified under Section 2.3 of this Document, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. G:\Curr~nt~Rcisch ApLTD\Cocomlla\Cocon ~a PUD I I - 10-O3.doc 2.1 FEB 0 20 tI 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is illustrated by Exhibit "A," the PUD Master Plan. extent of land uses within the project are indicated on Table I. The nature and COCONILLA LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U. s / WETSLIPS ACRES % of SITE Residential "R" 95 DUs +/- 5.65 acres 54.% Marina "M" 52 slips +/- 4.00 acres 38% Public Use "P" N/A +/- 0.8 acres 8% Open Space Landscaping Detention Areas Marina Pool +/- 3.4 acres +/- 0.2 acres +/- 4.0acres +/- 0.15 acres Total Open Space +/- 6.58 acres or 62.9% Impervious Area Pavement Buildings Sidewalks +/- 2.0 acres +/- 0.5 acres +/- 0.2 acres Total Impervious +/- 2.7 acres or 37.02% Total 10.45 100% 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the LDC, and the platting laws of the State of Florida. ' ' " " ' ui e B. Exhibit A, the PUD Master Plan, constitutes the req r d PUD develop. dlmslon of property and the development of the land shall be tn compll~ce/Wl~l~lVlSlOll'~ '"~ o d 3.2 of the LDC, and the platting laws of the State ofF1 ri a. l FEB 10 200~ 2.2 2.5 2.6 2.7 Co The provisions of Division 3.3 of the LDC, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division. Site development plan approval shall be obtained prior to the issuance of any buildinr permits. Utility, road, public, and private easements shall be established as required during the SDP and/or plat approval process. Fo Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and' the method for providing perpetual maintenance of the common facilities. MODEL CENTER / SALES & CONSTRUCTION OFFICES A temporary model/sales center, construction office, and other uses and structures related to construction administration, promotion and sale of real estate such 'as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and Signs, shall be permitted principal uses in the Coconilla PUD, subject to the requirements of Section 2.6.33.3 or 2.6.33.4, as applicable and other applicable sections of the LDC. A sales center may be permitted prior to final plat approval or as part of a separate SDP, as provided in said Section 2.6.33.4. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5. of the LDC. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by a master property owners' association. The association is a legitimate alternative for the timely and sustained provision of quality common area infi-astructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the master association, the applicant may create a property owners' association(s) or condominium association(s), whose functions shall include provision for the perpetual maintenance of such common facilities and open spaces. The master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and reserves serving the Coconilla PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers and South Florida Water Management District. 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development (PUD) District is intended to encourage ingenuity, innovation, and imagination in the planning, design and development of land under unified ownership or control, as set forth in the Subsection 2.2.20,2.3 of the LDC. The subject site shall be developed in harmony with surrounding land uses and shall be eom ~atible, in terms of architecture and land use with existing and proposed surrounding land uses. ~I designed with a common architectural theme including enhanced and intel architecture components, water features, landscape design, and entryWay features. 2.3 G:Xl2urre~t~Reischl~pLrD~Cocom]la\Coconflla PUD 11-10-03.doc FEB I:'0 200 2.9 Building heights shall be limited to create a massing transition and incremental increase from the lower rise existing, adjacent residential development to the southwest to the high rise approved but yet unbuilt residential development to the north. Increased setbacks shall be provided from Vanderbilt Drive in order to allow for innovative landscape buffers and a pleasurable streetscape. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Coconilla PUD. General permitted uses are those uses that generally serve the developer and residents and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1. of the LDC. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. Recreational facilities such as pools, fitness and community centers, tennis courts, and similar structures. o Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants including necessary access ways, parking areas, and related uses, subject to Section 2.6.33.3 of the LDC. o Landscape features including, but not limited to, landscape buffers, berms, fences, water features, and walls which shall be in accordance with the LDC in effect at the time of final plat approval or site development plan approval unless otherwise specified herein. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures associated with General Permitted Uses: 1. Setback from Vanderbilt Drive - Fifty feet (50'), except for: a) Guardhouses/gatehouses, access control structures ar supporting water features, detention areas, or lakes such a~ which shall have no required setback; and 2.4 G:\Curr~t~els ch~'~PUD\Cocom'lla\Coconilla PUD I 1 - 10-03. doc bullf~ads or w~l,.ls~ FEB 1 O 200q 2.10 b) Temporary construction offices and sales facilities which shall be set back a minimum of thirty feet (30') fi.om Vanderbilt Drive. 2. Setback fi-om other exterior property lines - Twenty feet (20'). 3. Minimum distance between structures - Ten feet (10'). 4. Minimum floor area - None required. Sidewalks and/or bikepaths may be placed within County required buffers. The width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cart path. 'The interconnecting sidewalk fi-om the project to the Cocohatchee River Park is specifically excluded from this provision to increase the landscape buffer based on infringement into the landscape buffer set forth in Section 2.4.7.3.(4)b of the LDC. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the applicable LDC provisions in effect at the time of final plat or SDP apProval. OPEN SPACES REQUIREMENTS The Coconilla PUD shall provide a minimum of sixty (60) percent open space as_required by Section 2.6.32 of the LDC. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS The site is developed and is void of native vegetation. Native vegetation landscape areas shall be provided in accordance with LDC requirements. 2.12 LANDSCAPING REQUIREMENTS In addition to the applicable requirements of Division 2.4 o'f the LDC, the following shall apply: 1. A perimeter berm along the Vanderbilt Drive frontage shall be constructed in conformance with Section 2.4.4 of the LDC. 2. A Type "D" landscape buffer with a minimum width of fifteen (15) feet shall be developed along the Vanderbilt Drive frontage. The landscape buffer shall include development features that provide for an attractive vista along the Vanderbilt Drive corridor and may incorporate detention areas, small fountains or other similar water features and an architecturally designed wall. Such features shall be located ay least fifteen feet fi-om the property line, maintaining a minimum fifteen-foot wide planting area. 3. The width of required perimeter landscape buffers along the western and southern project boundaries may be reduced as follows: a) The required fifteen-foot landscape buffer along the project's southern property boundary may be reduced to ten feet. This 10 foot buffer shall meet the LDC buffering between the Cochatchee River Park (Public Use zoned prop PUD. G:\Curr~t~R6~chhP~nilla~Cocomlla PUD 11 - I 0-O3.doc 2.5 reqmmmnt~'rl~ :rty) n~nd. the thi~ 2oo b) The required landscape buffer along the portion of the property's western boundary (marina basin) shall be reduced from the required ten feet (10') to zero feet (0'), a deviation from Section 2.4.7 of the LDC. Other than as specifically indicated in Paragraph 3 above, all other landscape buffers shall comply with the provisions of the Collier County LDC in effect at the time of site development plan approval. G:\Current',Reischl\PUD\Cocom'lla\CoconRla PUD I 1-104)3.doc 2.6 AGENDA ITEId No. FEI~ 1:0 200q 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL "R' DEVELOPMENT TRACT PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tract designated on Exhibit "A," the PUD Master Plan, as "R". MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 95. GENERAL DESCRIPTION The area designated as "R" on the PUD Master Plan is designed to accommodate high-rise multifamily residential and multi-family town home dwelling units, recreational facilities, esSential services, and other customary accessory uses. The approximate acreage is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.2 and Division 3.3 respectively, of the LDC. The Residential Tract ("R") is designed to accommodate internal roadways, open spaces and amenity areas, lakes, detention areas, and other water management facilities. USES PERMITTED A. Principal Uses 1. Multiple-family dwellings. Off-site hauling of excess excavated filI materials during construction, subject to the issuance of a commercial excavation permit, if required, and consistent with the DiviSion 3.5 of the LDC. B. Accessow Uses 1. Uses and structures customarily associated with principal uses. RecreatiOnal uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools, or similar recreational uses. G:\Current ~.~:hhPUI~CoconiIla\Cocon ilia PUD 11 - 104)3.doc Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the 1: r,~r~l ,~{' 7cml.ng Appeals. No. 3.1 FEB Pg-. 1'0 200 . 3.5 DEVELOPMENT STANDARDS Table II sets forth the development standards for land uses within the "R" Residential Tracts. Bo Standards for parking, landscaping, signs and other land uses, where such standards are not specified within Table II or within the Coconilla PUD, shall be in accordance with the LDC in effect at the time of site development' plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. COCONILLA DEVELOPMENT STANDARDS TABLE H DEVELOPMENT STANDARDS "R' Multi- Family Dwellings VIinimum Lot Area N/A dinimum Lot Width N/A Setback for Principal Structures From Exterior PUD Boundary 2 Setbacks for Accessory Structure Setback from Exterior PUD Boundarnet 2 From Water Maximum Building Height (BI-I) Distance Between Principal Structures Floor Area Minimum (Square Footat~e) Fifty percent (50%).of BH with a minimum of thirty-five feet (35') for town homes, pavilion, and parking structure(s), except adjacent to Vanderbilt Drive where the setback is seventy-five percent (75%) of building height. F°r l~enerally permitted structures see Section 2.9 B. Ten feet (10') or equal to the amount required by the LDC or this PUD for the landscape buffer if ~eater than ten feet (10'). Residential structures, towers and parking structure - 20 feet iMarina related structures - None For generally permitted structures sec Section 2.9B. Tower building: Building heights shall transition from a maximum of 15 stores over parking, not to exceed 170 feet, for the southern tier of the tower building, to a maximum of 18 stories over parking, not to exceed 200 feet, for the middle tier, to a maximum of 21 stories over parking, not to exceed 225 feet, for the northern tier, as identified on the PUD Master Plan. All other structures: 50 feet. 0.25 SBH for residential towers, ten feet between town homes, and twenty feet (20') between toTM homes and parking deck and/or 1 residential towers. 1800 SF SBH: (Building Height): Building height is defined as set forth in Article 6 of the LDC. (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. Buildings shall be designed with a common architectural theme, including building architecture, landscape design, signage, and entryway features. Building separation requirements shall not apply to parking decks. Yards shall be measured as follows: A. Where adjacent to Vanderbilt Drive, setback shall be measured from edge of right-of-way line. B. Water front yards shall be measured from the seawall or bulkhead. C. All other setbacks shall be measured from the exterior PUD boundary. G:\Current ~.eisc hlXPUD~Cocomlla\Coconilla PUD I I - 104)3.doc 3.2 FEB 1:0 200q / SECTION IV 4.1 PURPOSE PUBLIC USE "P" TRACT The purpose of this Section is to identify permitted uses for the public use areas within the Coconilla PUD. 4.2 4.3 GENERAL DESCRIPTION The Public Use Area occupies +/- 0.80 acres and provides for a publicly accessible marine fueling facility, ship's store, a ship chandler's office, associated par ~king for the ship chandler and parking areas for activities associated with the adjacent Cocohatchee River Park. USES PERMITTED 4.4 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: Principal Uses 1. Marina fueling facility 2. Ship's store and chandler's office 3. Parking facilities 4. Water management facilities 5. Off-site hauling of excess excavated fill materials, subject to approval of a commercial excavation permit consistent with Division 3.5 of the LDC. Bo Accessory Uses 1. Customary accessory uses in support of the uses permitted above. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses as determined by the Board of Zoning Appeals. DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3.of the LDC. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Minimum setbacks: 1. From Cocohatchee Bay: None for both principal and accessory 4.1 G:~CusTe~ReischlLPLrD'~oconilla\Coconflla PUD ] 1-10-03.do~ AO~_NOA ITEM FEB 200 - ao From non-waterfront PUD or tract boundaries: 10 feet for both principal and accessory stmctures. Standards for parking, landscaping, signs, and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. G:\Currmt~Reischl'~UDW. oconillaXlgoconilLa PUD I I - 10-03.doc 4.2 AGENDA ITEM FEB 1::0 200q P~. ,.F~ SECTION V 5.1 PURPOSE MARINA BASIN "M" TRACT The purpose of this Section is to identify permitted uses for the marina basin areas within the Coconilla PUD. 5.2 GENERAL DESCRIPTION 5.3 The Marina Basin Area occupies +/- 4.0 acres and provides for up to 52 wet slips. USES PERMITTED No building or structure or part thereof shall be erected altered or used, or land used, in whole or in part, for other than the following: A. principal Uses Bo 1. Boat docks. 2. Off-site hauling of excess excavated fill materials, subject to approval of a commercial excavation permit consistent with Division 3.5 of the LDC. Accessory Uses 1. Customary accessory uses in support of uses permitted above. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of the LDC. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). Eo Minimum setbacks for marina related structures: 1. From Cocohatchee Bay: None for both principal and accessory structures 2. From non-waterfront PUD or tract boundaries: 10 feet for both principal and accessory structures Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County time of site development plan approval. Unless otherwise indica heights, and floor area standards apply to principal structures. 5.1 G:\CurrentkReixchl~PUD\Cocom'lla\Cocomlla PUD I I-lO-03.doc ~d, rfiltuired.., yarCq FEB ! 0 200q pg.. 2.A 9/ 6.1 6.2 6.3 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the LDC, shall apply to this project even if the land within the PUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer, its successor, or assignee in title, is bound by the commitments within this Document. PUD MASTER PLAN Exhibit "A," the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot, or land use boundaries, shall not be construed to be specific, and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5. of the LDC, PUD amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance t3f all service utilities and all common areas in the project. Co The following shall be cOnsidered minor changes and refinements, subject to the limitations set forth herein: Minor reconfiguration of water features, lakes, ponds, marina basin boundaries, and water retention or detention facilities, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Minor reconfiguration of residential building areas. G-~2mxent~t. eischi~PUI~CoconillaW, xn:cmilla PUD I 1-104)3.doc 6.1 AGENDA ITEM FEB i':0 200 Pg. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Coconilla PUD is contemplated in calendar year 2003 with completion anticipated to occur in calendar year 2006. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. The Coconilla PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the LDC. 6.5 POLLING PLACES 6.6 Pursuant to Section 2.6.30. of the LDC, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place, should the Supervisor of Elections request such use. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, providing that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. TRANSPORTATION A gatehouse/limited access facility shall be permitted within the project's main entrance area, but shall not be located so as to impede traffic flow (minimum 100 foot distance fi.om edge of pavement to stop-bar, and/or gate) on Vanderbilt Drive, nor shall such facilities be located within the Vanderbilt Drive right-of-way. All traffic control devices and design criteria used shall be in accordance with the Minimum Standards, as amended, and as adopted by the Florida Department of Transportation (FDOT) and as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). Do External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. E. Road impact fees will be paid in accordance with Ordinance 01-13. G:\CurrentLRei~ clfl~ [ID\Coconflla\Coconilla PUD I 1 - I O-03. doc 6.2 A~A ITL~' FEB All median openings and driveway locations shall be in accordance with the LDC, and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Staff to have an adverse effect relevant to operational circulation, safety conditions, or concerns. A median opening shall be preserved for emergency vehicle access to the emergency vehicle entrance. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). Ho The developer shall be responsible for the cost of a traffic signal system at any development entrance(s), if a traffic signal system is determined to be warranted and approved by the County. If warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of said traffic signal, the signal will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. The development shall be designed to promote the safe travel of all roadway users including bicyclists, and shall provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways shall be separated fi.om vehicular traffic in accordance with recognized standards and safe practices as determined by Collier County Transportation Staff. Jo All accesses and roadways not located within a County fight-of-way shall be privately maintained by an entity created by the developer, its successors in title, or assigns. The developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access to the project (this includes previously referenced mm lanes and other improvements such as lighting). If these improvements are made prior to the construction of Vanderbilt Di-ive four-lane expansion project, the developer shall pay the design and construction costs related to access for the project for the existing two-lane section of the Vanderbilt Drive expansion. Future four-lane expansion of Vanderbilt Drive shall include the project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the Vanderbilt Drive four-lane expansion project, the developer shall pay all design and construction costs related to access for the PUD. The developer shall provide for a point of egress from the adjacent Cocohatchee River Park through the Public Use Tract to the main point of egress for the property and the intersection improvements provided for in Paragraph H above, prior to issuance of the first certificate of occupancy. L. All work within Collier County right-of-way shall meet the requir. County Right-of-Way Ordinance Number 03-37. 6.3 G:\Currem~°.ci~hl~l~D\Coconflla\Coconflla PLrD I I - 104)3.do~ 6.7 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the followin,- conditions: Bo Do Water distribution, sewage collection, and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. All customers connecting to the water dislxibution 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. The on-site water distribution system serving the project shall be connected to the District's water main and extended throughout the project. This system shall be consistent with the main sizing requirements specified in the County's Water Master Plan. During design of these facilities, the following features shall be incorpOrated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future System interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the developer during the design phase of the project. A water distribution system shall be constructed throughout the development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and mairitained by the developer, his assigns or successors. All construction Plans and technical specifications and proposed plats, if apPlicable, for the proposed water system must be reviewed and approved prior to commencement of construction. Fo A sewer distribution system shall be constructed throughout the development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, its assigns or successors. G. All construction plans and technical specifications and proposed plat: the proposed sewer system shall be reviewed and approved prior to construction. 6.4 G:\Current'~R.e/schl~P~a\Coconflla PUD I I-10-03.doc :om~~ ft'-~.~ FEB 1 0 200 6.8 ENVIRONMENTAL The development of this PUD shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and he subject to review and approval by Environmental Services Staff. Bo An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service CUTSFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected wildlife species. Where protected species are observed onsite, a Habitat Management Plan for those protected species shall be submitted to Environmental Services Section staff'for review and approval prior to final site plan/construction plan approval. This PUD shall be consistent with the Environmental Sections of the Collier County GMP, Conservation and Coastal Management Element and the Collier County LDC in effect at the time of final site plan/constructiOn plan approval. Pursuant to Policy 10.1.6.d of the COnservation and Coastal Management Element of the GMP, the developer shall prepare hurricane plans, which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment. This plan shall be reviewed and approved by County staff prior to final site plan/construction plan approval. Signage shall be posted at the marina to inform the residents that the dredging of the Wiggins Pass system is based on' a 3-foot draft design. All approved agency (South Florida Water Management District [SFWMD], United States Army Corps of Engineers [ACOE], and FWC) permits shall be submitted to Environmental Services Staff prior to SDP approval. Construction within the bald eagle secondary protection zone shall be limited to a maximum height, not to exceed the height of eagle nest CO-019, unless permitted by the US Fish and Wildlife Service.. G:\Currc~t'd~-~-~,chhPUD\CoconillaWx)com'lla PUD I The Coconilla PUD Bald Eagle Management Plan shall become a part of this PUD Document by reference. Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Council, or any successor body. 6.5 AGENDA IT~/ _' NO. FEB 1 O 6.9 ENGINEERING 6.10 Detailed paving, grading, site drainage and utility plans shall be submitted to Engineerin! 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 the Engineering Review Services Department. Bo Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County LDC. The developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or Concurrent with any subsequent development order relating to this site including site development plans and any other application that will result in the issuance of a final local development order. WATER MANAGEMENT An excavation permit shall be required for the proposed mm-ina basin pursuant to Division 3.5 of the LDC and SFWMD Rules. 6.11 6.12 The developer shall provide surface water management for Public Use Tract within the surface water management system. HISTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1. of the LDC, if, during the course of site clearing, excavation, or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County 'Code Enforcement Department contacted. Resumption of construction activities shall be commenced immediately upon approval of Collier County Code Enforcement Department, which shall provide for an expedited review of issues surrounding said artifact. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers,- marketing facilities, contractors' storage and office facilities, and the like may be erected and utilized during the period of project development and marketing subject to SeCtion 2.6.33 of the LDC. Such temporary buildings shall be removed upon completion of the marketing or construction activity. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS A, G:\CurrentXRei~ch/q'UD\Cocontlla\Coconilla PUD I 1-10-03.doc All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County LDC in effect at the time of building permit appi .catio~daDA lyre'" 6.6 FEB 10 2OOt 6.14 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL Ao The excavation of earthen material and its stockpiling in preparation of water management facilities, the marina basin, or other water bodies is hereby permitted subject to applicable sections of the LDC. If it is demonstrated that fill activities on the project site are such that there is a surplus of earthen material, then its off-site disposal shall be permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the LDC whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2. All other provisions of Division 3.5 of the LDC are applicable. 6.15 PROVISIONS FOR ENHANCING PUBLIC BEACH ACCESS, WATER ACCESS FOR BOATERS, AND ENHANCED FACILITES AT COCOHATCHEE PARK a. The Devel6per will provide to the County a use-easement over the 0.8 "Public Use" portion of the PUD identified on the Master Plan as Tract "P", to allow for: a. The construction of publicly accessible vehicle parking spaces; b. The redesign of the park parking and traffic flow patterns to increase publicly accessible boat trailer parking; c. Egxess from the.park to the traffic signal at the intersection of Wiggins Pass Road and Vanderbilt Drive; and d. Access by the public to the proposed ship's store. A conceptual design for this "P" Public Use Tract is provided for on the Master Plan. Final design will occur during site development plan review and may deviate from the PUD Master Plan as necessary to address public health, welfare and safety concerns identified by reviewing Staff. The Developer shall bear the cost of permitting and constructing the improvements identified above, as they may be approved on the site development plan. The Developer, or its designee, shall operate the marine fueling business, but shall provide Collier COunty Parks and Recreation Department with all net profits fi.om the fuel operation. Net profits are defined as revenues left over after all expenses have been paid, including but not limited to fuel purchase costs, and operational and overhead costs, related to fueling operations. C. In order to increase public beach access, the Developer shall construct a docking facility in the Lely Barefoot Beach Preserve, to be utilized as a landing facility for the public transported via ferry to the Preserve. The total cost of the developer's contribution shall G:XCurrentXReimchl~PUD\Coconil{a~Xw. onilla PUD l 1 - 10-03.doc 6.7 FE9 1 0 200 not exceed $1,000,000. The County shall bear the responsibility of obtaining all necessary local, state, and federal permits and government approvals required for such construction. D. In order to enhance public boating access to the Gulf of Mexico, the Developer shall donate $1,000,000 to the County, to be utilized by the Collier County Parks and Recreation Department, to purchase, or purchase and construct, land to be utilized to enhance public access to the water, in the area bounded on the north by Bonita Beach Road, south by Vanderbilt Beach Road, east by US 41, and west by the Gulf of Mexico. G:'~Cun'ent \Rei~¢h[P [rD\Cocon flla'~xonilla PUD 11 - 104)3 6.7 AC~:NE)A ITEM FEB 1 0 200 (Y3b'V 8 Exhibit "B" COCONILLA LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00o26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDMSION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89°16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00'26'00" W 30.00 FEET TO THE NORTH LINE OF THE SOLrITIEAST ¼ OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ N 89°16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE ¼ OF THE SE ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE.ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE ¼ OF THE SE ¼ OF THE NE ¼, THENCE S 00027'30" E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35'' A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO THE POINT OF CURVATUP~ OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE ¼ OF SE ¼ OF NE ¼; THENCE N 89003' 18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS. G:~Current~.eischl~'~nflla~C..ocom'lla PUD I 1-10-03.doc AP:~ENOA IT"~ FEB 1'0 2~ EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED) PROVIDING FOR THE ADOPTION OF A GENERAL GOVERNMENT IMPACT FEE WITH A DELAYED EFFECTIVE DATE OF MARCH 1, 2004 OBJECTIVE: Board of County Commissioners' adoption of an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, by providing for the adoption of a General Government Building Impact Fee in order to provide financial resources for the construction and/or expansion of public buildings and facilities required to accommodate growth. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related capital improvements since 1985 and the current impact fee program includes impact fees for Parks, Library, Educational Facilities, EMS, Correctional Facilities, Transportation, Water and Wastewater and Fire Protection. Collier County has never had an impact fee to provide financial funding for the construction of general government buildings. The County has studied the necessity for and implications of the adoption of General Government Building Impact Fees and has retained Tindale-Oliver & Associates, Inc. and, by subcontract, Growth Management Analysts, Inc. and Freilich, Leitner & Carlisle, to prepare a development impact fees report to determine the proportionate demand new development generates for additional General Government facilities. Tindale-Oliver and Associates has prepared a development impact fees report, titled "General Government Building Impact Fees," dated January 23, 2004 (attached). The Fee Report has determined that: · General Government impact fees are necessary to offset the costs associated with meeting future demands for General Government facilities. · General Govern_ment impact fees bear a reasonable relationship to the burden imposed upon the County to provide General Government facilities and services to new residents, employees, and businesses. · General Government impact fee funds will provide a direct benefit to such new residents, employees, and businesses reasonably related to the impact fee assessed. An "essential nexus" exists between the projected new development and the need for additional General Government facilities and services to be funded with impact fees, and between the impact fee and the benefits that accrue to new development paying the fee. No.AC'r'~~. I_~. FEB 1 0 200 t. General Government Impact Fee Page 2 The amount of the General Government Impact Fees is proportionate to the pro rata share of the additional general government facilities and services needed to serve new residential and non-residential development, while maintaining or exceeding a level of service (LOS) standard of 1.9 square feet per weighted resident. The CIFO provides a uniform procedure for the imposition, calculation, collection, expenditure, and administration of all of the adopted development impact fees. The impact fees for General Government facilities will be incorporated into the CIFO and administered accordingly. The uniform use procedures contained within the CIFO will ensure that General Government Building Impact Fees are "earmarked" and expended for the public facilities for which they were imposed and collected. The Florida Legislature, Florida Statutes, and case law supports the imposition of impact fees in order to offset the impacts of growth on public facilities. The CIFO ensures that development necessitating additional Public Facilities contributes its fair share towards the cost of the improvements and additions to the effected Public Facility, and also ensures that no funds for land or Public Facilities "are collected from new development in excess of the actual amount reasonably determined necessary to offset the demand on the Public Facilities generated by new development." The proportionate share of the funds contributed by new development for Public Facilities must have a rational nexus to the need attributed to the new development. The methodologies used to derive the General Government Impact Fees are consistent with the requirements above and the "dual rational nexus test." On December 3, 2003 the fee report was presented to the Development Services Advisory Committee (DSAC) for their review, comments and consideration. The committee had detailed questions regarding the scope and methodology used as a basis for the impact fee. Additionally, the DSAC members had questions regarding the necessity of implementing a new impact fee rather than continuing to rely upon funding sources traditionally dedicated to the construction of public buildings. Steve Tindale of Tindale-Oliver and Associates and Tyson Smith of Freilich, Leitner and Carlisle provided responses and additional technical information in response to the DSAC members' questions, however, the DSAC members voted against recommending that the BCC adopt the General Government Building Impact Fee. The Collier County Productivity Committee has reviewed the "General Government Buildings Impact Fees" report and on January 21, 2004 the committee unanimously endorsed the methodology, scope and intent of the report and supports adoption and implementation of the proposed impact fee. GROWTH MANAGEMENT IMPACT: The Fee Report establishes that the County is projected to grow from a population of approximately 334,506 weighted residents in 2003 to 557,682 in 2017 and the number of jobs at non-residential locations in the County is projected to increase steadily between 2003 (approximately 148,566 employed) and 2017 (approximately 199,462 employed). FEB 1 0 200z General Government Impact Fee Page 3 The Board has developed and adopted a General Government Facilities Master Plan, which includes the General Government facilities to be constructed. The General Government Building Impact Fee amounts bear a reasonable relationship to the burden imposed upon the County to provide the additional capital improvement expenditures for such General Government facilities necessary to serve new development at adopted level of service (LOS) standards. The proposed 'impact fee rates are designed to provide adequate funding, in conjunction with other available public facility financing techniques, to ensure that adequate General Government facilities are provided for new development, in accordance with the General Government Facilities Master Plan until the Capital Improvement Element of the Collier County Coxnprehensive Plan and budget are amended to provide for General Government facilities. Additionally, in regards to the effects of impact fees on new housing development, the adoption of the proposed General Govemment Building Impact Fee will increase the price of new residential units by $160 per 1,000 square feet of living area. A 2,000 square foot single-family home would have an associated General Government Building Impact Fee of $320, which is approximately a two-percent (2%) increase in the current impact fees for a single-family home. FISCAL IMPACT: The implementation of a General Government Building Impact Fee will provide financial resources for the construction and/or expansion of public buildings and facilities required to accommodate growth. The proposed impact fees will not be used to fund any part of the construction of facilities that are otherwise funded, in full or part, by other impact fees or user fees. As stated above, the legal imposition of impact fees hinges on the two prongs of the "dual rational nexus test". The County has outlined a detailed plan for the construction of General Government facilities, which are directly necessitated by growth. Impact fees may legally be imposed on new development in order to facilitate the construction of capital projects/improvements, but only "to the extent new use requires new facilities." (Florida Supreme Court) This limitation on the imposition of the proposed impact fee meets the "needs" prong of the dual rational nexus test. In order to meet the "benefits" prong of the test, the County must clearly provide the restrictions on the use of the collected impact fees. The proposed impact fees would be used to fund the construction (or a portion of) general government facilities necessitated by growth thereby those paying the fee would receive a direct "benefit" from their expenditure. Impact Fees may not be used to fund construction due to existing deficits or shortfalls. Additionally, the proposed impact fees will not be used to fund projects that are otherwise funded by other impact fees or user fees. The following are examples of typical land uses and the applicable General Government Building Impact Fee: FEB 10 200t General Government Impact Fee Page 4 Land Use Square Footage Rate/l~000 sq. ft. Dollar Amount Single Family 2,000 sq. ft. $ 160 $ 320 Retail 10,000 sq. ft. $1,697 $16,968 Office 10,000 sq. ft. $1,075 $10,752 Church 3,000 sq. ft. $ 308 $ 924 General Industrial 5,000 sq. ft. $ 526 $ 2,630 It is anticipated that adoption of this impact fee will generate approximately $3.8 million in the first one-year period. The revenue generated by the impact fee will provide an additional funding source for General Government facilities necessitated by growth. Historically, the General Fund as well as a combination of other available public financing techniques have funded such projects. Upon adoption of this Ordinance, the County will commence a three-year update cycle pursuant to Collier County Ordinance No. 2001-13, as amended, Section 74-502. In the years between updates, the County will implement annual indexing adjustments to land and building costs based on just property values published by the Collier County Property Appraiser's Office and building cost index published by the Engineering-News Record in order to incorporate changes in the relevant costs of providing General Government facilities. Once the General Government Building Impact Fee Trust Fund is established, all future studies, updates and administrative costs related to the General Government Building Impact Fee will be financed by the Trust Fund. RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance, amending Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, implementing the General Government Building Impact Fee rates with a delayed effective date of March 1, 2004. FEB 10 200 General Government lmpac! Fee Page 5 Prepared by: ~y~P erson, Impact Fee Manager Date: H. Denton Baker, Director Financial Administration and Housing Approved by: Date: /~mmunity Development and Environmental Services Division ORDINANCE NO. 2004 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF LAWS AND ORDINANCES, AS AMENDED, BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR THE ADOPTION OF A GENERAL GOVERNMENT IMPACT FEE; PROVIDING FOR A SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY, PAYMENT, USE OF FUNDS, IMPACT FEE RATES; AND ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS; PROVIDING FOR ADOPTION OF FEE STUDY; PROVIDING FOR ADOPTION OF FACILITIES MASTER PLAN; PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SCHEDULE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County (the Board) has authority to adopt proportionate share development impact fees pursuant to its home role powers under Article VIII, §l(f), Fla. Const., Chapter 125.01, et seq., Fla. Stat., and Chapter 163, Part II, Fla. Stat.; and WltEREAS, the Florida Legislature specifically has encouraged "the use of innovative land development regulations which include provisions such as ...impact fees;" and WHEREAS, the Board has studied the necessity for and implications of the adoption of General Government impact fees and has retained Tindale-Oliver & Associates, Inc. and, by subcontract, Growth Management Analysts, Inc. and Freilich, Leitner & Carlisle, to prepare a development impact fees report to determine the proportionate demand new development generates for additional General Government facilities; and WHEREAS, Tindale-Oliver and Associates has prepared a development impact fees report, titled "General Government Building Impact Fees," dated January 23, 2004 (hereinafter the "Fee Report"); and WItEREAS, the Fee Report has been presented to, and reviewed by, the Board, which has determined (1) that General Government impact fees are necessary to offset the costs associated with meeting future demands for General Government facilities, pursuant to the projections set forth in the Fee Report; (2) that the General Government impact fees bear a reasonable relationship to the burden imposed upon the County to provide General Government facilities and services to new residents, employees, and businesses; (3) General Government impact fee funds will provide a direct benefit to such new residents, employees, and businesses reasonably related to the impact fee assessed; (4) that an "essential nexus" exists between the projected new development and the need for additional General Government facilities and services to be funded with impact fees, and between the impact fee and the benefits that accrue to new development paying the fee; and (5) that the amount of the General Government impact fees is "roughly proportional" to the pro rata share of the additional general government facilities and services needed to serve new residential and non-residential development, while maintaining or exceeding a level of service (LOS) standard of 1.9 square feet per weighted resident; and WHEREAS, the Consultants have relied upon the County for the costs of conslxuction (including land), engineering, architectural services, parking, landscaping, heating and cooling facilities, and related expenses; and WHEREAS, the Fee Report establishes that the County is projected to grow from a population of approximately 334,506 weighted residents in 2003 to 557,682 in 2017; and Underlined text is added; S'.r'.::l: tSr:'-g~ text is deleted FEB 1 0 200 Page I of 6 1~ ~:~ WHEREAS, the number of jobs at non-residential locations in the County is projected to increase steadily between 2003 (approximately 148,566 employed) and 2017 (approximately 199,462 employed); and WHEREAS, Chapter 74-101, et seq., of the Collier County Code of Laws and Ordinances, known and cited as the "Collier County Consolidated Impact Fee Ordinance" or the "Collier County Impact Fee Regulations" (hereinafter referred to as the "Consolidated Ordinance") contains administrative provisions to ensure that the benefit of General Governrnent facilities funded with impact fees will accrue proportionately to new development paying the fee; and WHEREAS, the Board has found and determined that impact fees for General Government facilities will have certain characteristics in common with other development impact fees addressed in the Consolidated Ordinance and that the County will, therefore, benefit from the adoption and use of a uniform procedure for the imposition, calculation, collection, expenditure, and administration of all of the adopted development impact fees; and WHEREAS, the use of uniform procedures will best ensure that General Government impact fees are "earmarked" and expended for the public facilities for which they were imposed and collected; and WHEREAS, the Board annually develops a capital budget and updates the Capital Improvement Element of its Comprehensive Plan to ensure new development is adequately provided with public facilities necessary to serve new development at the growth rates projected in the Fee Report and in the other Impact Fee Studies adopted and set forth at §74-106, of the Consolidated Ordinance, as amended by this Ordinance; and WHEREAS, the Board has developed a General Government Facilities Master Plan, which includes the General Government facilities to be constructed and provided on a pro rata basis to new development paying the General Government impact fee; and WHEREAS, based on the population, housing unit, and land use projections as well as the General Government needs associated with the projected level of growth, the Board has determined that General Government impact fees are an appropriate and necessary technique, to be used in conjunction with other available public facility financing techniques, to ensure that adequate General Government facilities are provided for new development; and WHEREAS, the Board has determined that development impact fees are necessary for adequate General Government facilities sufficient to protect the public health, safety, and general welfare of future residents and employees generated by new development; and WHEREAS, the Board has determined that the General Government impact fee amounts bear a reasonable relationship to the burden imposed upon the County to provide the additional capital improvement expenditures for such General Government facilities necessary to serve new development at adopted level of service (LOS) standards; and WHEREAS, the Consolidated Impact Fee Ordinance requires formal updates of all impact fee rates in three-year cycles; and WHEREAS, since the cost of providing General Government facilities increases significantly during the years between the scheduled three-year updates, the Board desires, by indexing, to incorporate changes in the relevant costs into the General Government Impact Fee rates; and WHEREAS, the Board has developed fee calculation and indexing methodologies that will be imposed in an equitable and non-discriminatory manner. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, THAT: SECTION ONE. The report titled "General Government Buildings Impact Fees," prepared by Tindale-Oliver & Associates, dated January 23, 2004, (hereinafter the "Fee Report"), including all methodologies, assumptions, and conclusions drawn in the report, is approved and adopted. Underlined text is added; Struck tSr='-'g5 text is deleted Page 2 of 6 AGENDA rW_.M FEB 1 0 200q 7 SECTION TWO. The General Government Facilities Master Plan, which is attached hereto as Exhibit "A," is hereby incorporated by this reference and adopted. General Government Impact Fee funds may be spent only in accordance with the General Government Facilities Master Plan until the Capital Improvement Element of the Collier County Comprehensive Plan and budget are amended to provide for General Government facilities. During the next budget cycle and round of amendments to the Comprehensive Plan, provision for General Government Facilities will be made in the County's annual budget and Capital Improvement Element as appropriate and the attached Master Plan shall be considered repealed upon that action. SECTION THREE. The "General Government Impact Fee Rate Schedule," which is attached hereto as Exhibif "B," is hereby incorporated by this reference and adopted as "Schedule Nine: General Government Impact Fee Rate Schedule" of Appendix A of the Consolidated Ordinance. SECTION FOUR. Article I, General, Section 74-104, Findings, of the Collier County Code of Laws and Ordinances (County Code) is hereby amended to read as follows: Section 74-104. Findings (4) The level of service standards for the Public Facilities as adopted in the Collier County Comprehensive Plan, or :~n the Water Master or · Wastewater Master Plan, or an adopted Impact Fee Study, as may hereafter be amended fi-om time to time are controlling upon this chapter and are incorporated throughout this chapter. SECTION FIVE. Article I, General, Section 74-106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-106. Adoption of Impact Fee Studies. (9) General Government Facilities: "General Government Building Impact Fees," dated January 23, 2004, prepared by Tindale-Oliver & Associates, as amended. SECTION SIX. Article I, General, Section 74-108, General Definitions, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-108. General Def'mitions. "Public Facilities" shall mean the following publicly-owned facilities and services provided by Collier County or pursuant to an interlocal agreement with Collier County: (1) Transportation systems, facilities and services; (2) Water and Sewer systems, facilities and services; (3) Parks and Recreational systems, facilities and services; (4) Library systems, facilities and sea-vices; (5) Emergency Medical systems, facilities and services; (6) Educational systems, facilities and services; (7) Correctional systems, facilities and services_; and (8) Fire systems, facilities and services:; and (9'} General Government systems, facilities and services. SECTION SEVEN. Axticle H, Impact Fees, Section 74-201, Imposition of impact fees, of the Collier County Code of Laws and Ordinances is amended to read as follows: Underlined text i~ added; £t~ae~ t~re::g~ text is deleted Page 3 of 6 FEB 1 0 200 Section 74-201. Imposition of Impact Fees. (a) General Requirements. All Development within the unincorporated areas and within the boundaries of all municipalities in the County shall pay all assessed Impact Fees unless such Impact Fees, in whole or in part, have been exempted, waived, or deferred pursuant to this Chapter. The Impact Fee shall be assessed based on a calculation of the impact of the proposed Development on the respective Public Facilities. The amount of the Impact Fee to be assessed for each type of Public Facility shall be as specified in Sections 74-302 through 7~. 299 74-310 (Section 74-302 - Special Requirements for Road Impact Fee; Section 74-303 - Special Requirements for Water Impact Fee and/or Sewer Impact Fee; Section 74-304 - Special Requirements for Parks and Recreational Facilities Impact Fee; Section 704-305 - Special Requirements for Library Facilities Impact Fee; Section 74-306 - Special Requirements for Emergency Medical Services Impact Fee; Section 74-307 - Special Requirements for Educational Facilities Impact Fee; Section 74-308 - Special Requirements for Correctional Facilities Impact Fee; and Section 74-309 - Special Requirements for Fire Facilities Impact Feel and Section 74-310 - Special Requirements for General Government Impact Fee). SECTION EIGHT. Article II, Impact Fees, Section 74-203, Use of funds, of the Collier County Code of Laws and Ordinances is hereby amended to add subsection "9" to read as follows: Section 74-203. Use of Funds. (a). The Board hereby establishes or reaffirms the establishment of separate impact fee trust funds for each of the public facilities, designated as follows: (9) General Government: "General Government Impact Fee Trust Fund." SECTION NINE. Article m, Special Requirements for Specific Types of Impact Fees, Section 74-310, Special requirements for general government impact fee, of the Collier County Code of Laws and Ordinances is hereby added to read as follows: Section 74-310. Special Requirements for General Government Impact Fee. (a) Short Name. This section may be known as "Special Requirements for General Government Impact Fee." Co) Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of General Government Impact Fees. (c) Limitation on Applicability. See Section 74-103. (d) Payment. See Section 74-202. (e) Use Of Funds. See Section 74-203. (f} Impact Fee Rates. The General Government Impact Fee Rate Schedule incorporated in Schedule Nine is hereby adopted and the General Government Impact Fees established in the General Government Impact Fee Rate Schedule are hereby imposed on all Underlined text is added; .......... o,-..~,. ,~ ..... aha' texl ~s' deleted Page 4 of 6 AGENDA I~']~ FEB 1 0 200q Development as required in this 'chapter at a rate established under the applicable Impact Fee Land Use Categories, (g) Annual Mid-Cycle General Government Impact Fee Rate Indexing. Beginning Febnmry 10, 2004 the County .~hall commence a three-year General Government Impact. Fee up~__ate cycle pursuant to Subsections 74-201.B. and 74-502.A of this Ordinance. In each of the two mid-cycle Years (between the formal three-year updates) beginning on or about February 10, 2005 the County shall implement adjustments to land and building costs based on lust l~roperty values publi.~hed by the Collier CounW Property Appraiser's Office and building cost index published by the Engineering-News Record. Mid-cycle indexed rate change adiustrnents shall be adopted by a Resolution of the Board pursuant to Subsection 74-201.B. of this Chapter. SECTION TEN. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of eornpetent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION ELEVEN. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions in Sections Four through Nine of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinances may be renumbered or relettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE. EFFECTIVE DATE. This Ordinance shall be effective March 1, 2004, upon filing with the Florida Depar~ent of State. PASSED. AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of February, 2004. Underlined.. text is added; $'-.-'-':!: ~.-egg~ text is deleted Page 5 of 6 FEB 1 0 200 ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk Donna Fiala, Chairman Date: Date: Approved as to form and legal sufficiency: Thomas C. Assistant County Attorney Pam,.k G ~/]~ite Assistant County Attorney Underlined text is added; .......... ~- ~ext i$ deleted Page 6 of 6 A~A ['r~t FEB 200 SCHEDULE NINE: APPENDIX A GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE Land Use Residential Residential Manufactured Home Transienh Assisted~ Group Hotel/Motel Nursing Home/ALF Recreational Marina Golf Course Movie Theater with Matinee Institutions Hospital Elementary School Middle School High School Jr./Community College University/College Church Day Care Center Office and Financial Office 50,000 sq fi or less Office 50,001-100,000 sq fi or less Office 100,001-200,000 sq fi or less Office 200,001-400,000 sq fi or less Office Greater than 400,000 sq ft Medical Office Retail Specialty Retail Retail 50,000 sq fi or less Rat,,e. $159.60/1,000 sq fi $288.40/1,000 sq fi $266.00/Room $344.40/Bed $89.60/Berth $9,777.60/18 Holes $3,306.80/Screen $834.40/1,000 sq fi $64.40/Smdent $86.80/Smdent $103.60/Student $106.40/Smdent $187.60/Student $308.00/1,000 sq ft $246.40 Student · $1,075.20/1,000 sq ft $915.60/1,000 sq fi $778.40/1,000 sq fi $663.60/1,000 sq ft $604.80/1,000 sq. fi $1,352.40/1,000 sq fi $1,411.20/1,000 sq fi $1,696.80/1,000 Words au t:c ...... ~,_ are deleted, words underlined are added. FEB 10 ZOOq APPENDIX A SCHEDULE NINE: GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE (CONTINUED) Retail (continued) Retail 50,001-100,000 sq fi Retail 100,001-150,000 sq fi Retail 150,001-200,000 sq fi Retail 200,001-400,000 sq fi Retail 400,001-600,000 sq ft Retail 600,001-1,000,000 sq fi Retail greater than 1,000,000 sq fi Pharmacy/Drag Store w/Drive-Thru Home Improvement Superstore Oualit3r Restaurant High Turnover Restaurant Fast Food Rest. w/Drive-Thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Convenience Store/Gas/Fast Food Auto Repair Tire Store New/Used Auto Sales Self Service Car Wash Bank/Savings: Walk-in Bank/Savings: Drive-in Industrial General Industrial Business Park Mini-Warehouse $1,568.00/1,000 sq ft $1,722.00/1,000 sq fi $1,596.00/1,000 sq fi $1,344.00/1,000 sq fi $1,402.80/1,000 sq ft $1,386.00/1,000 sq fi $1,190.00/1000 sq ft $1,173.20/1,000 sq fi $1,204.00/1,000 sq fi $3,880.80/1,000 sq fi $4,289.60/1,000 sq fi $4,550.00/1,000 sq ft $988.40/Fuel Position $672.00/Bay $1,556.80/1,000 sq fi $2,542.40/1000 sq fi $2,595.60/Fuel Position $3,852.80/1,000 sq fi $1,797.60/1,000 sq fl $929.60/Ba¥ $1,128.40/1,000 sq $1,139.60/Bay $1,570.80/1,000 sq ft $1,372.00/1,000 sq ft $526.40/1,000 sq fi $1,271.20/1,000 sq ft $44.80/1000 sq fi Words z~.:ck ~zugh are deleted; words underlined are added. FEB 10 200 COLLIER COUNTY GENERAL GOVERNMENT BUILDING IMPACT FEES FINAL REPORT Prepared for: Collier County Prepared By: Tindale-Oiiver and Associates, Inc. with Growth Management Analysts, Inc. Tampa, Florida January 23, 2004 07315.03 FEB 10 200~ COLLIER COUNTY GENERAL GOVERNMENT BUILDING IMPACT FEES Table of Contents I. INTRODUCTION .......................................................................................................... 1 II. SERVICE AREA .......................................................................................................... 1 III. LEVEL OF SERVICE ................................................................................................. 1 IV. IMPACT COST ........................................................................................................... 7 V. APPORTIONMENT OF DEMAND BY RESIDENTIAL UNIT TYPE & SIZE ...... 12 VI. IMPACT FEE SCHEDULE ...................................................................................... 13 VII. ANNUAL INDEXING OF FEE COMPONENTS .................................................. 14 APPENDIX A LIST OF TABLES TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE 1: General Government Building Inventory 2004 & 2017 ............................ 2 2: Baseline Population and Employment Data ......................................... 3 3: Functional Population Coefficients ................................................... 5 4: Functional Population, 2003 and 2017 ............................................... 6 5: Observed and Projected Level of Service (Functional Residents) ............... 6 6: Observed and Projected Level of Service (Weighted Residents) ................. 7 7: General Government Facilities Impact Cost per Functional Resident ........... 8 8: Revenue Sources for General Government Facilities ................................ 9 9: New Development Share of Total Development .................................... 10 10: Assessed Property Value, 2003 ..................................................... ! 1 11: Net Impact Cost per Functional Resident ......................................... 12 12: Relationship Between House Size and Occupancy Level ....................... 13 13: Housing Unit Size and Occupancy Characteristics .............................. 13 14: Net Impact Fee Schedule ............................................................ 14 15: Building Cost Index .................................................................. 16 16: Collier County Land Values ......................................................... 17 Tindale-Oliver and Associates, Inc. Collier County Growth ManagementAnalysts, lnc. Impact Fee _ Final R[-_.._-t~~ l~ January 2004 I 1:~07315.03 Collier County Gov't Bldg IF~Docs~Collier County Gov't Bldgs Report Final_2OO4. doc FEB 10 200 / COI~LIER COUNTY GENERAL GOVERNMENT BUILDING IMPACT FEES I. INTRODUCTION Collier County provides a variety of buildings that are used to deliver government services to businesses and residents that are not included in other impact fee program areas. At this time, the County wishes to establish an impact fee program to help it finance new or expanded General Government Building facilities. This technical report identifies the service area, recommends the level of service, estimates the impact cost, identifies potential revenue credits, and calculates the net impact fee schedule for these facilities. II. SERVICE AREA A review of the County's General Government Buildings inventory and other impact fee program areas indicate that the buildings to include in this impact fee are court, health, other government services, related support, and mixed purpose facilities located throughout the County. Because these facilities service the County as a whole, the service area includes all of Collier County including the population of its municipalities. III. LEVEL OF SERVICE The Collier County Growth Management Plan does not specially address General Government Building facilities for level of service (see Capital Improvement Element amended November 2, 2002). The Capital Improvement Element (see page 3) requires capital demand estimates be based on the general formula: Q = (S x D) - I Where Q is the quantity of facility (in square feet) needed to be built or expanded over the planning horizon; S is the standard of service (in square feet per person) for the facility; D is the projected demand, such as population, to be served at the end of the planning horizon; and Tindale-Oliver and Associates, Inc. Collier r, ....~., Growth Management Analysts, Inc. Impact Fee - Final ~ January 2004 h107315.03 Collier County Gov~ Bldg IFIDocs~Collier County Gov~ Bldg$ Report Final_2OO4.doc FEB 10 200 I is the current inventory of facilities in square feet. Because General Government Building facilities serve all residents, workers, and visitors, more than the population needs to be considered. The "functional" weekday daytime population approach for daytime-use facilities is used to establish a common unit of demand across different land uses (Arthur C. Nelson, Estimating Land-Use and Facility Needs for Comprehensive Plans, American Planning Association, 2003). Calculating functional population entails three steps. The first is establishing the inventory of General Government Buildings in the base and planning horizon years. The County provided its current inventory, which establishes a baseline inventory for General Public Buildings for 2003. In addition, the County's 1998 Master Plan provides the inventory to 2017, summarized in Table 1. It should be noted that in calculating the inventory for 2017, only the additions in Phases Two through Four are included since Phase One was to be completed in 2002 and therefore should already be included in the 2004 inventory. Table 1 General Government Building Inventory 2004 & 2017 Year Square Feet 2004 580,873 (1) 2017 1,168,739 (2) Difference 587,866 Note: Figures exclude square footage of support facilities. Source: (1) Collier County 2004 Inventory List; (2) 1998 Master Plan. The next step is to calculate the weighted population. This begins with baseline (2003) and projected (2017) population, including seasonal residents, and employment. These figures are shown in Table 2. Tindale-Oliver and Associates, Inc. Collier Co: Growth Management Analysts, Inc. Impact Fee - Final Rep January 2004 1:~07315.03 Collier County Gov~ Bldg IFtDocs~Collier County Gov~t Bldgs Report Final_2OO4.doc ~rt 2 FEB 1 0 200z n. /7 - Table 2. Baseline Population and Employment Data Data Category 2003 2017 Population Data Category Year-Round Population 299,479 502,439 Seasonal Peak Population 106,145 167,403 Weighted Residents 334,506 557,682 Employment Data Category Natural Resources 12,148 14,202 Construction 14,814 18,026 Manufacturing 3,562 4,664 TCU 3,337 4,055 Wholesale 3,843 5,007 Retail 28,709 39,404 FIRE 16,483 19,392 Business & Professional Services 54,521 78,805 Government 11,149 15,906 Total Employment 148,566 199,462 Note: Figures may not add due to rounding. Source: Population figures are obtained from Collier County Planning Section. Employment figures are from Woods In the third step, the figures in Table 2 are converted into functional residents. Table 3 shows the weighting factors used to adjust resident weighted population and employment into functional weekday daytime population. Developing the residential component of functional resident population is simpler than nonresidential component. It is generally assumed that people spend one-half to two- thirds of their time at home and the rest of each 24-hour day away from their place of residence. For the purposes of this analysis, it was assumed that, on average, people spend approximately 12 hours, 50 percent, of each 24-hour day at their place of residence. Developing estimates of functional residents for nonresidential land uses is more complicated than for residential land uses, given the varying characteristics of non- residential land uses. Nelson and Nicholas originally introduced a method for estimating functional resident population, now used internationally (see Arthur C. Nelson and James C. Nicholas, "Estimating Functional Population for Facility Planning." Journal of Urban Planning and Development 118(2): 45-58 (I 992).). This method uses trip generation data from the Institute of Transportation Engineers' (ITE) Trip Generation Manual, information on the number of employees per impact unit (such as per 1,000 square feet of Tindale-Oliver and Associates, Inc. Colliei Growth Management Analysts, Inc. Impact Fee - Final January 2004 1:~07315.03 Collier County Gov~ Bldg IFIDocs~Collier County Gov't Bldgs Report Final_2OO4. doc CogtnQ2 FEB 10 200 space, per student, per automobile service bay, etc.), passengers per vehicle, and length of time spent at the land use. Specific calculations include: · Total one-way trips per impact unit (ITE trips times 50 percent to avoid double counting entering and existing trips as two trips); · Employee per impact unit based on Arthur C. Nelson (2003) Estimating Land- Use and Facility Nee&for Comprehensive Plans, Chicago: American Planning Association; · Visitors per impact units based on occupants per trip minus journey-to-work based occupants per trip; · Worker hours per week per impact unit (such as workers times nine hours per day times five days in a work week); · Visitor hours per week per impact unit (visitors times number of hours per day times relevant days in week); · Functional residents (total hours occupied divided by hours in the week, which is 11 hours per day x 5 days per week in the case of government building (i.e., total hours government buildings tend to be open to service)). Table 4 uses the functional population coefficient estimates obtained from Table 3 to calculate the total functional population for 2003 and 2017. THIS SPACE IS INTENTIONALLY LEFT BLANK. Tindale-Oliver and Associates, Inc. Collier Growth Management Analysts, Inc. Impact Fee - Final ;~ January 2004 hiD7315.03 Collier County Gov't Bldg IF~Docs~Collier County Gov't Bldgs Report Final_2OO4.doc FEB 10 200~ Table 4. Functional Population, 2003 and 2017 Residents & Functional Residents & Functional Employees Population Employees Population Land-Use Category 2003 (1) 2003 2017 (1) 2017 Weighted Residents 334,506 167,253 557,682 278,841 Employment Natural Resource 12,148 3,037 14,202 3,551 Construction 14,814 12,156 18,026 14,791 Manufacturing 3,562 2,975 4,664 3,896 TCU 3,337 2,763 4,055 3,358 Wholesale Trade 3,843 3,184 5,007 4,149 Retail Trade 28,709 55,321 39,404 75,931 FIRE 16,483 13,614 19,392 16,017 Services 54,52 ! 45,032 78,805 65,090 Government 11,149 9,213 15,906 13,143 Total Employment 148,566 147,295 199,462 199,925 Functional Population Total 314,549 478,766 (1) Source: Collier County Comprehensive Planning Section. Table 5 summarizes the levels of service observed in 2003 and projected in 2017. The trend is for approximately 15 percent higher finished square feet per functional resident in 2017 than observed in 2003. Table 5 Observed and Projected General Government Building Level of Service, 2003 & 2017 Functional Square Feet Year Square Feet Residents Per Fn. Resident 2003 580,873 (1) 314,549 (3) 2017 i,168,739 (2) 478,766 (3) 1.9 2.4 Sources: (1) Collier County 2004 Inventory List (2) 1998 Master Plan (3) Collier County Comprehensive Planning Section Recommendation. Based on the foregoing analysis, we recommend a level of service of 1.9 finished square feet of General Government Building facilities per functional resident. Table 6 provides the 2003 level of service and projected 2017 level of service in relation to weighted population. The weighted resident figures are adapted from the County's Tindale-Oliver and Associates, Inc. CollieJ Growth Management Analysts, Inc. Impact Fee - Final January 2004 IA07315.03 Collier County Gov~ Bldg IFtDocs~Collier County Gov't Bldgs Report Final_2OO4.doc epoff ~ FEB 10 200 1 o7/ Comprehensive Planning estimates. Although the analysis will be based on functional population, figures in Table 6 provide the County with a tool to check their level of service in future years since it is easier for the County to estimate the weighted population as opposed to functional population. Table 6 Observed and Projected General Government Building Level of Service, 2003 & 2017 Weighted Square Feet Year Square Feet Residents Per Resident 2003 580,873 (l) 334,506 (3) 2017 1,168,739 (2) 557,682 (3) 1.7 2.1 Sources: (1) Collier County 2004 Inventory List (2) 1998 Master Plan (3) Collier County Comprehensive Planning Section IV. IMPACT COST The next consideration addresses the cost to construct new General Government Building facility space. The costs considered include construction (including land), engineering, architectural services, parking, landscaping, heating and cooling facilities, and related expenses. Based on the estimated value of buildings and land provided by the County, an average figure of $184.32 per square foot of building cost and $35.15 of land cost per square foot of building is used1. It should be noted that the square footage included in this calculation is only the space for the primary buildings, excluding the related support facilities. However, the cost used in the calculation of the building construction does in fact include the cost of the necessary support facilities. Table 7 reports these figures as applied to the recommended level of service standard, 1.9 square feet per functional resident. The resulting cost is $416.99 per functional resident. Land cost is based on the average historical cost per acre from the 2004 Inventory. It is assumed that 0.15 acres per 1,000 square feet of general administration ~:ovemment buildings is needed. Tindale-Oliver and Associates, Inc. Collier Growth Management Analysts, Inc. Impact Fee - Final January 2004 1:~07315.03 Collier County Gov't Bldg IF~Docs~Collier County Gov°t Bldgs Report Final_2OO4.doc FEB 10 200q Table 7. General Government Facilities Impact Cost Per Functional Resident Calculation Steps Figure* I LOS -- Square feet per functional resident 2 Estimated replacement cost per square foot, 2004 3 Land cost per square foot of building, 2004 4 Total cost per square foot of building, 2004 5 Impact cost per functional resident 1.9 $184.32 $35.15 $219.47 $416.99 Notes * Figures may not multiply due to rounding. 1 From Table 5. 2 Estimated replacement cost from spreadsheet inventory finalized January 2004. 3 Land cost obtained from spreadsheet inventory finalized January 2004. NET IMPACT COST To avoid over-charging or double-payments, a final set of calculations is undertaken. These include reducing the impact cost to reflect external revenues exclusive of impact fees (from federal, state, and non-government local sources) that may be available to help finance facilities, as well as credit to reflect the future and past contributions to facilities accommodating new development. Table 8 summarizes the source of revenue anticipated to finance General Government Building facilities over the Master Plan period, 1997 through 2017. Note that no external and non-local government revenues are anticipated nor have such been available since the Master Plan was prepared in 1998. In all cases, the General Fund combined occasionally with bonds are the anticipated sources of revenue. However, even the General Fund source is a form of bond financing if general revenues are pledged to retire bonds. The impact cost is thus not adjusted to reflect federal, state, or other non-government local funding sources. Tindale-Oliver and Associates, Inc. Collier Growth Management Analysts. Inc. Impact Fee - Final 3 January 2004 IA07315.03 Collier County Gov't Bldg IF~DocsICollier County Gov't Bldgs Reporf Final_2OO4.doc :por FEB 10 Table 8. Revenue Sources for General Government Building Facilities Project Demolition of Bldg A prior to building of Government Center Annex Government Complex Government Center Courthouse Annex Golden Gate Government Center Medical Examiner Facility Bldg. W Expansion North Naples Government Services EOC Funding Source General Fund General Fund General Fund General Fund General Fund General Fund General Fund/Bond General Fund/Bond *Debt service for these facilities to be paid using Community Development Fees and rents from leased spaces to other state and county government departments. Some of the rent income will come from general fund. Credit for future payments made by new development for General Government Building facilities is the next consideration. The question posed here is the extent to which new development will contribute to the overall general revenue base over the next 20 years. Table 9 shows that, assuming constant annual growth from 2003 through 2023, new development's share of total development will be about 27.16 percent. Impact Cost will be reduced by this factor to account for new revenue generated by new development that may flow into the general fund and be used to help finance General Govemment Building facilities. Tindale-Oliver and Associates, Inc. Collier ~_. :~, . Growth Management Analysts, lnc. Irnpact Fee - Final ~port~6~ lT~ January 2004 l:107315.03 Collier County Gov't Bldg IFIDoc$~Collier County Gov't Bldgs Report Final._2OO4. doc IFEB 1 0 200q . Table 9. Ne~v Development Share of Total Development Functional Existing New Residents Development Development Year Share Share 2003 314,549 100.00% 0.00% 2004 326,279 98.17% 1.83% 2005 338,009 96.40% 3.60% 2006 349,738 94.70% 5.30% 2007 361,468 93.06% 6.94% 2008 373,198 91.47% 8.53% 2009 384,928 89.94% 10.06% 2010 396,658 88.46% 11.54% 2011 408,387 87.02% 12.98% 2012 420,117 85.63% 14.37% 2013 431,847 84.28% 15.72% 2014 443,577 82.98% 17.02% 2015 455,306 81.72% 18.28% 2016 467,036 80.49% 19.51% 2017 478,766 79.30% 20.70% 2018 490,496 78.14% 21.86% 2019 502,226 77.02% 22.98% 2020 513,955 75.93% 24.07% 2021 525,685 74.87% 25.13% 2022 537,415 73.84% 26.16% 2023 549,145 72.84% 27.16% The last consideration is for past payments. Here, the share of total buildable vacant land (residential, commercial, and industrial) to total assessed value is reviewed to develop the percentage of the vacant land assessment to the total county assessment. Table 10 indicates that the vacant land assessment is approximately 6 percent of total assessed value. This percentage is used to give credit for past property taxes paid by property owners of vacant land, who are unlikely to use the government buildings. Since some of the government buildings were paid with general fund, it is appropriate to give credit against the total impact fee for the ad-Valorem taxes paid for vacant properties. Tindale- Oliver and Associates, Inc. Collier Growth Management Analysts, Inc. Impact Fee - Final Re January 2004 h~07315.03 Collier County Gov~ Bldg IFtDocs~Oollier County Gov't Bldgs Report Final_2OO4.doc .... ~J" AGEI~A ITlr FEB 10 200q Table 10 Assessed Property Value, 2003 Land Use Improved Single Family Residential Condominiums Cooperatives Improved Commercial Improved Industrial Assessed Value $23,216,191,956 $18,482,991,472 $380,932,621 $3,509,382,606 $618,968,496 $46,208,467,151 Agriculture, Other Agriculture Other $228,454,428 $6,323,505,356 $6,551,959,784 Vacant Residential Vacant Vacant Commercial Vacant Industrial $2,648,921,583 $448,014,219 $101,828,563 $3.198.764,365 Countywide Total Land Value Vacant Land as Percent (1) 5;55.959.191.300 5.72% (1) Vacant Land Percent = $3,198,764,365 / $55,959,191,300 Source: Summation of data supplied by Kevin J. Lilly, October 28, 2003. Table 11 summarizes the analysis to generate the net impact cost per functional resident. Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 Coll; Impact Fee- Fina 1:~07315. 03 Collier County Gov~t Bldg IF1DocsICollier County Govl Bldgs Report Final_2OO4.doc FEB 10 200q Table 11 Net Impact Cost Per Functional Calculation Step Impact Cost Analysis Impact cost per functional resident (1) Credit Analysis External, non-local government credit (2) Future share of revenue stream (3) Past share of revenue stream (4) Total credit percent (5) Total credit amount (6) Net impact cost per functional resident (7) Figure* $416.99 0.00% 27.16% 5.72% 32.88% $137.11 $279.88 * Figures may not multiply due to rounding. (1) From Table 7. (2) Does not exist in the case of Collier County. (3) From Table 9. (4) From Table 10. (5) Total credit percent = (3) plus (4). (6) Total credit amount = (1) * (5) (7) Net impact cost per functional resident -- (1) - (6) It should be noted that using 27.16 percent credit for the new development's share assumes that in the future a large percentage of government buildings will be built through debt service or other non-impact fee funding sources and represents a very conservative estimate. If the County makes a policy decision to not use bonds or other funding sources for government building financing, the credit would be lower and the fees would be higher. V. APPORTIONMENT OF DEMAND BY RESIDENTIAL UNIT TYPE AND SIZE Demand for General Government Building facilities should be apportioned based on functional residents. Among commercial, industrial, and retail structures, impact fees will be assessed based on size, usually in units of 1,000 square feet of building space. The same should be done for residential development. Consider the following relationships between house size, measured as number of bedrooms, and number of occupants presented in Table 12. Table 12 Tindale-Oliver and Associates, Inc. Coli Growth Management Analysts, Inc. Impact Fee - Fire danuary 2004 I.'107315.03 Collier County Gov't Bldg IFIDocs~Collier County Gov't Bldgs Report Final_2OO4. doc FEB 1 0 200q Relationship Between House Size and Occupancy Level Nation, Urban and Suburban Status, South - 2001 Detached Housing Unit Data Nation House Size 1,737 Bedrooms 2.75 Average square feet per person 720 Average bedrooms per person 1.08 Median Household Size (all occupied units) 2.55 Urban Suburban South 1,767 1,771 1,663 2.68 2.85 2.79 719 722 720 1.05 1.07 1.12 2.54 2.66 2.50 Source: American Housing Survey, 2001. There is a certain amount of consistency across the nation in terms of the number of people living in single family detached housing (including manufactured homes) and house size, number of bedrooms, bedrooms per occupant, and household size. We also know statistically from Census data that larger homes have more people in them than smaller homes. This relationship tends to flatten out at about 3,000 square feet of living area. There are always anecdotes about some larger units occupied by very few people - as few as one in some mansions, and about some smaller units occupied by many people - such as whole families in one or two bedroom apartments, but these tend to be the statistical outliers. In Collier County we find the following relationships in Table 13. Table 13 Housing Unit Size and Occupancy Characteristics Collier County, Florida 2000 Residents Square Feet Per 1,000 Housing Unit Type Per Resident Sq. Feet Residential 838 1.19 Manufactured Home 462 2.16 Source: Units and residents figures from Census 2000 for Collier County. Calculations also use unit size data from County Assessor, 2003 (not shown above). VI. IMPACT FEE SCHEDULE Based on the analysis presented in this report, the following provides an impact fee schedule. Assumptions that are used to calculate this schedule are included in Appendix A. Tindale-Oliver and Associates, Inc. Collier ( Growth Management Analysts, Inc. Impact Fee - Final R danuary 2004 h107315.03 Collier County Gov't Bldg IF'~Doc$~Collier County Gov't Bldgs Report Final_2OO4.doc FEB lO 20Oq Table 14 Net Impact Fee Schedule Weekday Net Impact Cost @ $280 per Land Use Impact Unit Functional Functional Residents Resident Residential Residential 1000 sct ft 0.57 $159.60 Manufactured Home 1000 sq ft 1.03 $288.40 Transient, Assisted, Group Hotel/Motel Room 0.95 $266.00 Nursing Home/ALF Bed 1.23 $344.40 Recreational Mad na Berths 0.32 $89.60 Golf Course 18 holes 34.92 $9,777.60 Movie Theater with Matinee Screen 11.81 $3,306.80 Institutions Hospital 1,000 scI ft 2.98 $834.40 Elementary School Student 0.23 $64.40 Middle School Student 0.31 $86.80 High School Student 0.37 $103.60 Junior/Community College Student 0.38 $106.40 University/College Student 0.67 $187.60 Church 1,000 sq ft 1.10 $308.00 Day Care Center Student 0.88 $246.40 Office and Financial Office 50,000 SF or less 1,000 sq ft 3.84 $1,075.20 Office 50,001-100,000 SF 1,000 sq ft 3.27 $915.60 Office 100,001-200,000 SF 1,000 sq ft 2.78 $778.40 Office 200,001-400,000 SF 1,000 sq ft 2.37 $663.60 Office greater than 400,000 SF 1,000 sq ft 2.16 $604.80 Medical office 1,000 sq ft 4.83 $1,352.40 Tindale-Oliver and Associates, Inc. Colli Growth Management Analysts, Inc. Impact Fee - Fina January 2004 I.'~07315.03 Collier County Gov~ Bldg IF~Docs~Collier County Gov~ Bldgs Report Final_2OO4.doc FEB 10 200 Net Impact Weekday Cost @ $280 Land Use Impact Unit Functional Residents per Functional, Resident Retail, Gross Square Feet Specialty Retail 1,000 sq ft 5.04 $1,411.20 Retail 50,000 sfgla or less 1,000 sq ft 6.06 $1,696.80 Retail 50,001 - 100,000 sfgla 1,000 scI ft 5.6 $1,568.00 Retail 100,001 - 150,000 sfgla 1,000 sq ft 6.15 $1,722.00 Retail 150,001 - 200,000 sfgla 1,000 sq ft 5.7 $1,596.00 Retail 200,001 - 400,000 sfgla 1,000 sci ft 4.8 $1,344.00 Retail 400,001 - 600,000 sfgla 1,000 sq ft 5.01 $1,402.80 Retail 600,001 - 1,000,000 sfgla 1,000 sq ft 4.95 $1,386.00 Retail over 1,000,000 sfgla 1,000 sq ft 4.25 $1,190.00 Pharmacy/Drug Store wi drive-Thru 1,000 sq ft 4.19 $1,173.20 Home Improvement Superstore 1,000 sq ft 4.3 $1,204.00 Quality Restaurant 1,000 sq ft 13.86 $3,880.80 High Turnover Restaurant 1,000 scift 15.32 $4,289.60 Fast Food Rest. w/Drive-Thru 1,000 scift 16.25 $4,550.00 Gas/Service Station Fuel pos. 3.53 $988.40 Quick Lube Bays 2.4 $672.00 Supermarket 1,000 sq ft 5.56 $1,556.80 Convenience Store 1,000 scIft 9.08 $2,542.40 Convenience Store w/Gas Fuel pos. 9.27 $2,595.60 Convenience Store w/Gas and Fast Food 1,000 sq ft 13.76 $3,852.80 Auto Repair 1,000 sq fl 6.42 $1,797.60 Tire Store Bays 3.32 $929.60 New and Used Car Sales 1,000 scift 4.03 $1,128.40 Self Service Car Wash Bays 4.07 $1,139.60 Bank/Savings Walk-in 1,000 sq ft 5.61 $1,570.80 Bank/Savings Drive-in 1,000 sq ft 4.9 $1,372.00 Industrial $0.00 General Industrial 1,000 sq ft 1.88 $526.40 Business Park 1,000 sq ft 4.54 $1,271.20 Mini-Warehouse 1,000 scI ft 0.16 $44.80 VII. ANNUAL INDEXING OF FEE COMPONENTS In many cases, impact fees are reviewed periodically (every three years, etc.) instead of on an annual basis with no adjustment to the fee schedule during this period. This creates a situation where major adjustments become likely to be required during updates due to the time between the adjustments. In recent years, the most volatile component of the total cost has been the land value. This factor creates the potential for major changes in Tindale-Oliver and Associates, Inc. Collie, Growth Management Analysts, Inc. Impact Fee - Final January 2004 h107315.03 Collier County Gov't Bldg IFtDocs~Oollier County Gov't Bldgs Report Final_2OO4. doc Col~nt~ FEB 10 200zt presented in Table 15, over the past 10 years, the average increase in building cost has been approximately 2.1 percent. Table 15 Building Cost Index Annual Avg Percent Change 1993 2996 1994 3111 3.8% 1995 3111 0.0% 1996 3203 3.0% 1997 3364 5.0% 1998 3391 0.8% 1999 3456 1.9% 2000 3539 2.4% 2001 3574 1.0% 2002 3623 !.4% 2003* 3688 1.8% Average 2.1% * Thru November only Source: Engineering News-Record, Building Cost Index History (1915-2003) Land Costs In contrast to building costs, land values fluctuated significantly between 1993 and 2002, as presented in Table 16. During this time period, annual percent growth of land values ranged from 5.1 percent to 22.7 percent. Given these fluctuations, it is recommended that the County use a running 1 O-year average growth rate for indexing purposes. Table 16 illustrates an average growth of 11 percent between 1993 and 2002. When the 2003 just values become available, the County will be able to calculate a 1 O-year average growth rate for the time period from 1993 to 2003, which then can be used for indexing purposes. When 2004 values become available, the average would be based on growth in land values between 1994 and 2004, and so on. This method of indexing will reduce heavy fluctuations in impact fees due to changes in land values and will limit the concerns of the development community. Tindale- Oliver and Associates, Inc. Colh Growth Management Analysts, Inc. Impact Fee- Fina January 2004 1:~07315.03 Collier County Gov~t Bldg IF~DocstCollier County Gov~ Bldgs Report Final_2OO4.doc FEB 10 200 Table 16 Collier County Land Values Year Just Values Percent Change 1993 $18,440,257,462 1994 $19,387,178,018 5.1% 1995 $20,463,371,228 5.6% 1996 $2 ! ,751,280,540 6.3% 1997 $23,436,330,545 7.7% 1998 $25,777,151,470 10.0% 1999 $29,830,939,079 15.7% 2000 $32,346,598,000 8.4% 2001 $39,681,620,000 22.7% 2002 $47,901,215,997 20.7% Average 11.4% Source: Collier Property Appraiser's Website (w~wv.collierappraiser.com/taxrollsum.asp) & BEBR Application It may be useful to illustrate how these indices can be applied. As presented in Table 7, of the $219.43 total cost per square foot of building, approximately 84 percent is for the buildings ($184.32) and 16 percent is for the land ($35.15). Applying these percentages to the average cost increases presented previously would provide a combined index of 4.2 percent [(2.1 x .84) + (11.4 x. 16): 3.6], which then can be applied to all fees presented in Table 14. For example, using this index, the cost for 1,000 square feet of residential land use would increase from $175.47 to $181.09 [(175.47) * (1+0.036) = $181.79] at the end of the first year. Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 Collier ( Impact Fee - Final R h107315.03 Coflier County Gov't Bldg IIqDocsiCollier County Gov't Bldgs Report Final_2OO4. doc ~umy AGENDA I~ p°rtNo. ~ 17 FEB 10 200 APPENDIXA FEB 10 200~ FEB 10 200~ FEB 1 0 200~ ILl LLI n~, 0~- o O~ FEB 10 IAI III 0 GENERAL GOVERNMENT BUILDING IMPACT FEE INVENTORY Name of Structure GG Service Center Marco Tax Collector Immokalee Courthouse Immokalee Health Department (CHSI) Immokalee Barn (First Floor) Immokalee Barn (Second Floor) imm. Transportation Bldg. Fairgrounds Office Fairgrounds Maintenance Bldg. Agriculture Building NN Goverment Service Center Medical Examiners Office Building "B" Elections Building "C-1" Tax Collector Building "C-1 Addition" Tax Collector Building "C-2" Property Appraiser Building "Co2 Addition" Property Appraiser Building "D" PWED Building "E" Snack Bar Building "F" Administration 1st Floor Building "F" Administration 2nd Floor Building "F" Administration 3rd Floor Building "F" Administration 4th Floor Building "F" Administration 5th Floor Building "F" Administration 6th Floor Building "F" Administration 7th Floor Building "F" Administration 8th Floor Building "G" Transportation Building "H" Health 1st Floor Building "H" Health 2nd Floor Building "H" Health 3rd Floor Building "K" Chiller Building Building "L" Courthouse 1st Floor Building "L" Courthouse 2nd Floor Building "L" Courthouse 3rd Floor Building "L" Courthouse 4th Floor Building "L" Courthouse 5th Floor Building "L" Courthouse 6th Floor Building "L" Courthouse Mezz. Building '~V" General Services - 1st Floor Building '~N" General Services - 2nd Floor Stormwater/Aquatic Plant County Barn (1st FI.) County Barn (2nd FI.) Animal Control Admin. Animal Crt'l Sally Port Animal Crt'l Kennel 1 Animal Crt'l Kennel 2 Animal Crt'l Kennel 3 Animal Ctr'l Stable Airport Place - Tax Collector Address 4715 Golden Gate Parkway 1040 VVinterberry 106 S. 1st Street 419 N. 1st Street 402 Stockade Road 402 Stockade Road 550 Stockade Road 14700 Immokalee Road 2385 Orange Blossom 3838 Domestic Avenue 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 2901 County Barn Road 2901 County Barn Road 2901 County Bam Road 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 721 Airport Rd. S TOTAL Square Feet 7,236 2,699 10,495 14,778 7,265 7,265 3,358 1,748 3,600 13,361 16,000 13,238 7,160 14,719 3,307 10,142 2,404 8,388 713 10,771 10,848 10,858 10,858 10,858 10,858 10,858 10,858 5,569 24,385 29,775 30,080 5,520 22,951 23,497 22,021 22,211 22,041 22,041 22,949 21,782 21,840 1,375 16,419 16,419 8,933 6,727 3,949 3,949 3,949 3,159 6,208 745,853 FEB 10 2004 1/1 ;/2004 ~Z OmO FEB 10 2004 FUNCTIONAL RESIDENTS PER UNIT For ail Residential land uses found in Table A-I, the weekday functional residents per unit is calculated by the following. For the Residential Land Use: Residents per unit, 1.194 (Column A), is multiplied by 0.95(Column B) because of a 95% occupancy rate, adjusting the residents per unit to 1.1340 (Column C). It is assumed that residents are home during the week 50% of the time, so the residents per unit (1.1340) is multiplied by 0.50 to calculate the work week residents per unit, 0.567, (Column H). For the Transient, Assisted, and Group Residential land uses: The calculation is as follows: Adjusted Residents per Unit times the following: [(Occupants * Hours per day * Days per Week) + (~orkers * Hours per Day * Days per Week)] (11 Hours per Day * 5 Days per Week) See attached Diagram 1 illustrating the functional population distribution for Residential land uses. AC, ra,~ FEB 10 200q u. 4/ 2~4~04 Diagram #2: Functional Population Distribution General Government Building Distribution of Use Purchasing Personnel Administration Emergency Dispatch I Shopping/Retail General Gov't. Bldg. Supports All Services General Gov't. Building Office I Fast Food Other Gov't. Buildings ]~ndustrial Traffic Stormwater EIVlS Fire Library Park Vehicle Niles Runoff Emergency Calls, Per Person Fire Flow, Calls, Per Person Resi'dential (Books/Sq. Ft. Per Person) Residential (Acres/Facilities Per Person) Tables A-! & A-2 in the report illustrate the number of persons per square foot for both employees and visitors. Note: Multiple Service, Multiple Measures. Population is the only c, measure of service. Visitation to buildings is not indicative of use. FEB 10 2004 Diagram #1: Functional Population Distribution (Residential Land Use) 1.19 x .5 Time Spent at Home 1.19 Residents Residential Unit 1.19 Office Retail Restaurant Industrial I I I I I Employee Visitod Employee Visitor/ Employee Visitod Employee Visitor/ Se~ice Se~ice Se~ice Se~ice Tables A-1 & A-2 in the report illustrate the number of persons per square foot for both employees and visitors. ~ ~ FEB 1 0 2004 ~. z~.~ ~_/4/o J I I I I I I I I I I I I I I (J I I I I I I I I I I I I I I ~J I I I I I I I I I I I I I I ~J I I I I I I I I I I I I J I zJ I I I I I I I I I I I I I I ~J I I I I I I I I I I I I I I ~ I I I I I I I I ~ ~ I I z~ ~ ~ IIIIII ~ O~ ~ ~ IIIIII ~ ~ ~ ~ I I I I J I I I I ~ ~ I I ~ ~ I t I t ~ ~ ~ I I ~ ~ I I I I ~ ~ ~ I I ~ ~ I I I I z~ I~1 ~ ~ ~ ~ I I I I EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJEX: To appoint I member to fulfill the remainder of a vacant term representing the "Alternate" position, expiring on February 14, 2006, to the Collier County Code Enforcement CONSIDERATIONS: This 7 member board, plus 2 alternate members, is composed of; but not limited to, individ~_!als representing the occupations of architect, businessman, engineer, general contractor, subconUactor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. There is currently 1 vacant position representing the "Alternate" position. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. IRobert E. Dowling I Alternate [ 2 [ Yes ] County Gov't ProductivityCommittee COMMITTEE RECOMMENDATION: Quasi-Judicial - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 10, 2004 AGENDA ITEM NO. qe 10 200q Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Director/~~ January13,2004 Candidates for Code Enforcement Board Vacancy The resumes for the applicants listed below were reviewed and these meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY DISTRICT Robert Dowling Real Estate Two If you need further assistance, please advise. MEA/slh Code Enforcement Department Community Development & Environmental Services Division AGEND,~ ITEM NO._ Collier County Code Enforcement Board - North Work Phone Appt'd EXlX Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Albert Doria, Jr. 6134 Polly Avenue Naples, FL 34112 E-Mail: District: 1 Category: REGULAR - Business-Insurance ~ 02/11/03 02/14/06 3 Years 774.5211 10/28/03 02/14/05 2 Years Mr. Raymond J. Bowie 435-1007 900 Sixth Avenue, South,//104 775-0010 Naples, FL 34119 E-Maih RealtyCounsel(~earthlink.net District: 4 Category: ALTERNATE - Attorney - Real Estate 10/28/03 02/14/04 4 months 10/28/03 02/14/07 3 Years VACANT 02/I 4/06 Naples, FL E-Mail: District: Category: ALTERNATE - Ms. Sheri Barnett 1160 27th Street, S.W. Naples, FL 34117 E-Mail: District: 5 Category: REGULAR - Financial Planning 591-2149 455-4296 09/10/02 02/14/05 3 Years Mr. Clifford Wesley Flegal, Jr. 237 Memory Lane, ~4 Naples, FL 34112 E-Mail: sflegal I (~workinet.att.net District: 1 Category: REGULAR/Realtor 774-5966 06/03/97 02/14/00 8 momhs 774-5966 01/13/04 02/14/07 3 Years January 14, 2004 page 1 ors FEB i O 200~ Collier County Code Enforcement Board - North N~J~ Ms. Roberta Dusek 963 Fountain Run Naples, FL 34119 E-Mail: District: 3 Category: REGULAR - Realtor Worlt Phone Appt'd EXlX Date Term Home Pltone DateRe-appt 2nS~.xpDate 2nd Term 774.-2428 07/28/98 02/14/01 3 Years 261-1111 01/13/04 02/14/07 3 Years Mr. Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 E-Mail: District: ] Category: REGULAR - Real Estate/Zoning 659-2449 04/28/02 02/14/03 I Year 775-8604 02/11/03 02/14/06 3 Years Mr. George P. Ponte 565 Augusta Boulevard, Apt. 10 Naples, FL 34113 E-Mail: District: I Category: REGULAR - Retired CBS Employee 02/18/97 02/14/00 3 Years 793-1370 02/I 1/03 02/14/06 3 Years Mr. Christopher Ramsey 363 Tormy Pine Naples, FL 34113 E-Mail: gcrjd@aoi.com District: l Category: REGULAR - Attorney 592-0840 10/28/03 02/14/06 417-0228 3 Years AGENDAxJ.[EM -- Collier County Code Enforcement Board - North Name 1Forh Phone ~lppt'd EXlX Date Term Home Pl~one DateRe-appt 2nd~.xpD~e 2nd Term theSupewisorofElecJions. T~~3~ This is a Ouasi Judicial Board. T~m)altemate FL STAT 162 Staff.- Michelle Arnold, Code Enforcement Director:.: 403-2413 t~ednesday, January 14, 2004 Pag~ 3 of 3' AGENDA ITEM No. ~'R MEMORANDUM DATE: TO: FROM: January 12, 2004 Elections Office ' Sue Filson, Executive Manager Board of County Comrm~mners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: January 12, 2004 Michelle Arnold, Code Enforcement~I~irector Sue Filson, Executive Manager~j~ Board of County Commissioners~ Code Enforcement Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 Please let me know, in writing within the 41 day time-flame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGEND&IT.,,EM NO. FE. i 0 200/ pg. "~ 01/09/04 12:10 FAX ]_2392614746 dOHN R WOOD REALTORS Jan 08 O~ OS: ~3a Co!lier Count~ 239-774-8865 002/003 p. 4 Board of County Commissioners 3301 East Tumiami Trail ~'aples, FL. 34112 (941) 774-8097 Fax: (041) 774-3602 /o&pplication fore.Advisory Committees/Boards Home Address: 7 -5'.5"~ ~--~0/~0 ~ Fax /'-~7~, Business ?hone: Category (if applicable): Examplt,' Commission District. 1)tn,'elolmr, en,.'ir~nmentallst, lay per,on, eta. Are you a registered voter in Collier County: Yes /'~'No Do you cnrrently hold public office? Yes No [f so, ,vhat is that office? Do you now serve, or have you ever served, on a Collier CountT board or committee? Yes If yes, please list the committees/boards: Please list your far, infinity activities (civi. c,clubs, neighborhood assoeiations, etc. a.nd_..positions_ -__ Plea.ye ~taelt arty addltlatud informatJan $n~u feel perfhtcnt. Tfi~ appllcatloa shou&~ bm forwarded to Sue I'~lson, ~ Board of CounO' Commt~xioner$, 3301 ~c~t Tamiazni ]'ntH, Naple~, Irt- 34112. If ~m nffsk, pl~a~e fax yottr tt~fl~ci~ e-mail to 6ttet?l.~o-f&~colHereo~',~fet. Thank yom for volat~teering to serve file citi~n~ of Collier Countp. 01/08/04 THU 09:20 01/09/04 12:11 FAX 12392614746 JOHN R WOOD REALTORS ~003/003 Rob Dowling Broker-Director John R. Wood, Inc. REALTORS 3255 Tamiami Trail North Naples, Florida 34103 rdowling@johnrwood.corn Direct: (239) 659-6197 Toll Free: (800) 982-8079, Ext. 128 Cell: 239-571-6777- Other web sites of interest: robdowlinq.com 0 b~ eh, ed ~t: N=ple~ FL Click Fer Forec~,t! ROB DOWLING has been in Naples since 1982-- and has 21 years of Naples Real Estate business experience ! He has over $185 million in Naples sales and listings. Rob sells and markets all types of properties for clients. Rob arrived from Cleveland and ran the Wyndemere Tennis Club as Manager/Pro. A two time Naples City Tennis Champ--- Rob has nearl~y } 300 sales at Wyndemere & other fine golf communities. Rob is considered an expert in Golf property. With closed deals in Naples finest areas including Port Royal, Grey Oaks, Collier's Reserve, Park Shore, Pelican Bay,Olde Naples, Moorings,The Colony, Gulf Shore Blvd, Vanderbilt Beach, Vineyards, Stonegate, .... ROB KNOWS THIS MARKET!! He's been successful here for 21 years and gives his clients the Insight they need to make great deals. Rob has a bachelors degree from Bowling Green University in marketing; a Fortune 500 corporate background; Board of Directors of ,lohn R. Wood Realtors and Monterey. Member Wyndemere Country Club and St. Ann's Church. http://robdowling.com/ 1/9/2004 A G EN D,~,T~.~M No. ~t t~ FE~ 1 0 PC. EXECUTIVE SUMMARY,, APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on December 31, 2007, to the Parks and Recreation Advisory Committee. CONSIDERATIONS.: The Parks and Recreation Advisory Board had 2 terms expire on December 31, 2003, representing the Urban category. Representation on this board consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7-member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. The terms for John MacDougall and John P. Ribes expired on December 31, 2003. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT. CATEGORY DIST, ELECTOR... ADV. COMM. Kathedae Todd Urban 3 Yes None Debra Sforza Urban 3 Yes None John MacDougall-re-appt Urban 2 Yes PARAB John Ribes-re-appt Urban 4 Yes PARAB Re¢clved Late COMMITTEE RECOMMENDATION: John MacDougall John Ribes FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT.: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appoinmaents. Prepared By: Sue Filson, Executive Manager Board of County Commi~ioners Agenda Date: FEBRUARY 10, 2004 Memorandum To: From: Date: Subject: Sue Filson, Executive Manager Board of County Commissioners Maria Ramsey, Director Parks and Recreation Department January 22, 2004 Parks and Recreation Advisory Board At the January 21~t, 2004 meeting of PARAB, recommendations were made to fill the two existing vacancies on the Boar& Candidates were ranked in the following order: Position #1 - 1. John Ribes 2. John MacDougail 3. Debra Sforza 4. Katherine Todd Position #2 - 1. John MacDougall 2. John Ribes 3. Debra Sforza 4. Katherine Todd If you should have any questions, please call me at 353-0404. Parks and Recreation Depar~rnent Parks and Recreation Advisory Board Name Mr. Ronald Brown 163 Caribbean Road Naples, FL 34108 District: 2 Category: Urban Ms. Mary Ellen Rand 550 110th Avenue, N. Naples, FL 34108 District: 2 Category: Urban Mr. John MacDougall 9809 Whitshall Street Naples, FL 34109 District: 2 Category: Urban Mr. John P. Ribes 218 Woodshire Lane Naples, FL 34105 District: 4 Category: Urban Mr. Frank Donohue 5961 Westport Lane Naples, FL 34116 District: 3 · Category: Urban Mr. Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 District: 5 Category: Immokalee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 513-9273 01/14/03 12/31/06 566-8259 4 Years 437-4601 10/26/99 12/31/01 2 Years 514-3763 12/11/01 12/31/05 4 Years 370-3304 10/22/02 12/31/03 598-4105 2614007 10/24/00 12/31/03 1 Year 3 Years 5974575 05/28/02 1 2/31/02 7 months 353-8584 01/14/03 12/31/06 4 Years 05/26/98 12/31/98 7 Months 657-2401 01/14/03 12/31/06 4 Yrs. Thursday, January 16, 2003 Page I of 2 AGENDA_ITEM NO.. q~ FPS~ 1 0 ~-,~J, Pi[. ~'~ Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Charles M. McMahon, Sr. 4416 27th Court, S.W. Naples, FL 34116 District: 3 Category: Urban 353-2055 01/22/02 12/31/05 4 Years This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of I member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. Terms am 4 years. FL STAT Sta~: Mafia Ramsey, Parks and Recreation Director. 353-0404 Thursday, January 16, 2003 L AGEND& ITEM FEB 1 0 200'~ Pg.. ~ MEMORANDUM 2003 NOV 12 PH 12:30 DATE: TO: FROM: November 10, 2003 Elections Office Sue Filson, Executive Manager~. Board of County Commissioners SUPERVISOR OF ELECTIO~tS COLLIER CO. FL. Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PARKS AND RECREATION ADV BD COMMISSION DISTRICT Katherine Todd 195 Vintage Circle, #101 Naples, FL 34119 Debra S forza 1424 Princess Sabal Pointe Naples, FL 34119 John MacDougall 9809 Whitehall Street Naples, FL 34109 Thank you for your help. RECEIVED NOV 1~ 2003 Board 0f Coun%~v Commissioners AGENDA ITEM FEB 1 0 2S0q MEMORANDUM DATE: TO: FROM: November 10, 2003 Marla Ramsey, Parks and Recreation Director Sue Filson, Executive Manager Board of County Commissioners''° ' Parks and Recreation Advisory Board As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Katherine Todd 195 Vintage Circle, #101 Naples, FL 34119 Debra Sforza 1424 Princess Sabal Pointe Naples, FL 34119 John MacDougall 9809 Whitehall Street Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advis, ory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM FEB 1 0 Pg._ ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941 ) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Katherine Todd Home Phone: 430-7955 Home Address: 195 Vintage Circle, #1011 Naples~ FL Zip Code: 34119 Fax No. 430-7955 Business Phone: e-mail address: khtiw~iuno.com Business: Board or Committee Applied for: Parks and Recreation Category (if applicable): Example: Commission District, Developer, environmenlalist, lay person, etc. Are you a registered voter in Colfier County: Yes X No Do you currently hold public office? Yes lfso, what is that office? No X Do you now serve, or have you ever served, on a Collier County board or commitlee? Yes If yes, please list the committees/boards: Health and Human Services X No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Local Boards of Directors: David Lawrence Center, PACE at Immokalee~ League of WomeuVoters Advisory Boards: Collier County Juvenile Assessment Center~ Collier County Detention Center. Other activities: Greater Naples Leadership (Class Vll)~Naples Council on World Affairs (Great Decisions group leader); tutor~ Literacy Volunteers of Collier County, American Association of University Women Education: Stanford University~ B.A.; Washington University~ M.A.M.S.W. AGENDA ITEM NO. q~q F,~ i 0 2004 Pg. 7 Experience: 10 years with the Y.M.C.A. of Greater Louisville as a pro~ram director~ many years both as a board member and as a dirt die,inn volunteer with the Friends of the O!mstead Parks (Louisville~ Kentucky.) Please attach any additional information you feei pertinenL This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wtsh, please fax your application to (941)774-3602 or e-mail to suet~lson('d~aolliergov.ne~ Thank yoa for volunteering to serve the citizens of Cotli~ County. AGENDA IT.EM ;0 Board of Counq Commissioners 33{tl East Tamialni Trail Naples. FL 34112 (9dl) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Debra Sforza Home Phone: 239-592-0242 Cell Phone: 239-595-1323 Home Address: 1424 Princess Sabai Pointe Naples_ ZipCode: 34119 Business Phone:239-659-3319 e-mail address: dsforza@swfla.rr, com Business: Professional Sales and Marketing Consultant Board or Committee Applied for: The Collier County Board of Commissioners Category (if applicable): The Parks and Recreation Advisory Board Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X Do you currently hold public office? No X If so, what is that office.* Do you now serve, or have you ever served, on a Collier County board or committee? Yes X If yes, please list the committees/boards: Collier County Schools SAC Advisory Council Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Past Positions 1988-2000 Chair Coordinator for Annual Holiday Craf~ Fair-Fund Raiser, Chair Coordinator Fashion Show and Luncheon Fund Raiser Chair Environmental Committee, Chair Hospitality Committee, and Volunteer Girl Scout Leader Daisy through Juniors. Served on numerous commitlees as a volunteer and advisor. Presently SAC and Saturnia Sisterhood Founder- A Women's Success Group Which believes in living a well-balanced life and involves giving of their talent to others and volunteering and fund raising. Experience: A decision in choosing and relocating to Collier County with my family was wanting a Quality of life with its Natural Beauty and Heavenly weather. Coming from Enriched County with most incredible parks and programs my family and I so much enjoyed, I know I would be a tremendous asset and a great team player. Serving on this Committee would be my pleasure and my gift back to my Community. I feel it is very important with so much growth in keeping with the Quality of Life by Maintaining and Improving our Parks and Recreation. Please attach any additional information you feel pertinenL This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, $301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774-3602 or e-mail to sueftlson~colliergov, ne~ Thanlt you for volunteezing to serve the citiz, ens of Co~ Co~. AGENDA ITEM NO. 10/22/2003 16:22 FAX 2395983014 John MacDougal! ~001 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear commissioners, I am requesting consideration for another term on the Parks and Recreation Advisory Board. I am a resident &North Naples and have served the past year on a vacated seat on the board. I enjoy working with the highly skilled and professional members of our Parks department and feel that our work is of vital interest to the citizens of Collier County. Thank you for your consideration. I have enclosed an updated application for the board. Joba~ MacDougall 9809 Whitehall Street Naples, Florida 34109 AGENDA ITEM 0 200 Pg. In .. IU/ZZ/ZOU~ I~:ZZ FAA Z3DSD~aO14 dO~n MacDougall ~002 1 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Board or Committee Applied for: Category (if applicable): ~4 ~,-"t~- Example: Commission Di~trict, Developer, environmentalist, lay pcrson, crc. Are you a registered voter in Collier County: Yes / No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: Please list your_comm_uni, ty aclivities (civic clubs, neighborhood associations,' etc and positions ·. /1- - /-?'//,~ .¢ -,. /,~,¢ .-~¢.,~ / Please attach any ~dd,.'tional Information you feel pertinenL This application sltould be for~arded to Sue Ftlson, Excc Board of Cottn(~ Commlrrtontrs, $$01 £azt Tamiaml Tra~ Naplex, FL $4112. ff you wish, please fox yoar applicatioi e-mail to rrzefdsm~.¢olliergov, n,,t Thank yo- for volunteering to t~rve the citi~ent of Collier Counl~. 3ent By: J*ROLAND*LIEBER LANDSCAPE ARCHI;239 261 5378; Nov-14-03 1:52PM; .... ,~, ,-.,-~n~y x~untc I ~'~- I ~tppllCatlorl tot Advisory Committc~:s/Boards Page 2/2 Page ! of 2 Board of County Commissioners 3~01 EaSt Tamiami Trail ~..~? Naples, FL 34112 (~) 774-S0~7 Fax: (23~) 774-3602 Application for Advisory Committee/Boards Name: ~A~'~ ~- ~~ Home Phone: ~.~. ~. P.~,,,~ Home Address: ~ ~ ~ ZipCo~: , ~~ Fax No. ~. ~[, ~ B,,~.~ Phone: ~. ~. ~ e-mail ~dr~s: ~ ~ ~ .~ ~ard or Commi~ A~i~d for: _ ~A~ Cnmgo~ ~f~&}: .... ~ ~: Cmm~m ~ ~b~r, ,n~m~ ~y ~ e~. Are you a registered voter in Collier County: Yes }~ No Do you currently hold public office ? Yes No ~ ~so, what is that offk~ ? Do you now serve, or have you ever served, on a Collier County board or Committee? [ryes, please Ust the committee~o,rd~: ~ o ~I;P.~a~ No Please list your community acfivltie~ (civic clubs, neighboorhood associations, etc.) and positions held: ~--_~.,~w ~t ~_ ~___=~-~_-~._~..~ ~_~Tk~4_ .. ~-,g~-- : Education: Please attach any additlc~al i~fo~maJio~ .~ fl~l p~e'~ ~ ~pEc~ .~M ~ f~d to Sue ~ M~a~ W ~ B~ ~C~ C~~s, 3301B~l 7~i~i ~il. Napl~ ~. 3411Z ~ w~ ~pl~ to ~I)774-3602 ~ ~I to ~~dl~.~t ~ ~u f~ vd~ee~ng W ~ ~ c C~. http://www.collicrgov.net/bcc/advisory*/,2Oapplication.htm 1 1/14/2003 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to full'ill the remainder of a vacant term, expiring on September 23, 2006, to the Immokalee Beautification MSTU Advisory Committee. CONSIDERATIONS: The Immokalee Beautification MSTU Advisory Committee had 1 term expire on September 23, 2002. This 5-member committee advises the Board of County Commissioners on the budget and related matters pertaining to the beautification taxing district. Members must be residents of the lmmokalee Beautification Taxing District. Terms are 4 years. A list of the current membership is included in thc backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Bernardo Bamhart Resident within the District 15. lYes I None COMMITTEE RECOMMENDATION: Bemardo Barnhart FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 10, 2004 AGENDA ITEM pg. I Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Operations Date: Januaury 26, 2004 Subject: Immokalee Beautification MSTU Advisory Committee The [mmokalee Beautification MSTU, at their regularly scheduled meeting on January 21, 2004 at 4:00 p.m. at the Immokalee Community Center voted to recommend to the Board of County Commissioners that they approve Bemardo Barnhart as a new member of this Advisory Committee by a vote of 3 to 0, with one member absent. cc: Diane B. Hagg, Director, Traffic Operal/ons and Alternative Transportation Modes Transportation Services Division Traffic Operations & Alternative Transportation Modes AGEND&FrEM NO. FEB I 0 """' Pg. lmmokalee Beautification MSTU Advisory Committee Ms. Rita Avalos 1507 Eighth Avenue Immokalee, FL 34142 District: 5 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 657-3681 09/23/86 09/23/88 2 Years ! 1/14/00 09/23/04 4 Years Ms. Cherryle Thomas 1205 Orchid Avenue Immokalee, FL 34142 District: 5 Category: 10/04/88 09/23/92 4 Years 11/14/00 09/23/04 4 Years Mr. Dorcas F. Howard P.O. Box 154 ImmokaIee, FL 34143 District: 5 Category: 657-5115 03/28/89 09/23/92 4 Years 657-3492 11/14/00 09/23/04 4 Years Ms. Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 District: 5 Category: 5 Ms. Denise A. Smith r'-°- ~'"' 607 Nassau Street, Apt. #! Immokalee, FL 34142 District: 5 Category: 11/14/00 09/23/02 2 Years 03/11/03 09/23/06 4 Years 657-3171 12/I 5/92 09/23/94 657-4242 02/09/99 09/23/02 2 Years 4 Years 14~edn~sday, ]t~larch 12, 2003 Page 1 of 2 AGENDa, ITEM Immokalee Beautification MST[J Advisory Committee Work Phone ; ,,t',.t F--aTo. Date Term Name Home Phone Dat~N e-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 85-65 -~m, ended by Ord. No. 90-8 and 92- 40 to assist the Board of County Commissionem in the :::, :.~(,e.ss affairs of the Immokalee Beautification Taxing District, and prepare and recomm~.,~,~ nn itemized budget to carry out the business of the district for each fiscal year. Membership fei}resents the population of the area within the Immokalee Beautification District. Terms are 4 7ears. Ord. No. 2002-52 was adopted on 10/22/02 changing membership as follows: 4 members shall be permanent residents within the MSTU and I member mq¥ De an owner of residential or commercial property with in the MSTU or may be an indiv, h ::'.~1, an officer of a corporation, or a partner of a partnership.. FL STAT 125.01 Sta].7:.- Bob Petersen, Project Manager, Lawnscape Mai~.::, ';~ce: 203-5853 Wednesday, March 12, 2003 P~e 2 of 2 AGEND.~ ITEM NO., I-~ i 0 7_304 pg. L~. MEMORANDUM DATE: December 15, 2003 TO: FROM: Elections Office Sue Filson, Executive Manager~, Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IMMOKALEE BEAUTIFICATION ADV COMBe[ COMMISSION DISTRICT Bernardo Bamhart 917 Laurel Street Immokalee, FL 34142 Thank you for your help. AGENDa. ITEM MEMORANDUM DATE: TO: FROM: December 15, 2003 Bob Petersen, Landscape Engineer II Tran~portation Department ~ Sue Fi[son, Executive Manage ' Board of County Commissioners-/ Immokalee Beautification Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Bernardo Barnhart 917 Laurel Street Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary tbr the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA_ITEM- NO. P~. 94165?8482 RL 60~UNITY B~NK 0~0 PO& NOU 22 '03 16:44 Board of County Commi~'i0~ners 330I East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) Application for Advisory Committees/Boards Home Address: Zip Code: gqill Fax No~q_bg?_ ~_~qa~.- Business Phone:_.~c~,. ~57. ~t 7./_ e-mall address: Board or Commi~e~ Applied for: ~ Category (if applicahle):.~~.~ Eumple: Commission District, Develol~r. cnvironmca/~U~, [ay p~oa, etc. Are you ~ ~ister~ voter in Collier Count: y~ Do you ~r~nfly bold publJc o~ce? y~ lfs~ what ~ r~t offl~? No ~ Do you now song or have you ever ~e~ on a Colllar Couaw board or commi~9 Yea lfy~ pl~ list the commi~ds:~ ' No Please list your c.ommunity activities (civic clubs, neighborhood asso ' ti ns, etc. anal pos'tions Experience: Pleast ~tta~_~ any adtlitiottaJ tnformet~n yOu f~l perti~n& ~mail to ~l~a~O~n~' East T~i T~, Nn~, FL ~112. ~u ~, p~ f~ ~.r ~I~ to (941) 77~3~ or 94!657S482 AL COMMUNITY BANK 030 P02 NOU 21 '03 16:44 First work experience was working in the farms oflmmokalee. When graduating from college, I was a manager for Fort Myer's Toys R Us. Six months Iater, I decided to go i?;o the banking industry, with Florida Community Bank. I have been working here for months as a Loan Officer, Bemardo Baruhart Loan Officer AGEND,~ ITEM NO. '."1 ~'~ 1 0 200 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE REVENUE COMMISSION OBJECTIVE: To confam the appointment of 1 member to represent the Collier Building Industry Association, with the term expiring on January 8, 2005, to the Revenue Commission. CONSIDERATIONS: This 19-member committee was created on March 11, 2003 by Resolution No. 2003-118 to explore alternative revenue sources for meeting the County's numerous and varied needs. They will identify the infrastructure requirements, governmental service and community needs of Collier County; explore both private and public revenue sources to meet these needs; and submit written findings and recommendations annually to the Board of County Commissioners. The commission will expire 18 months after its first meeting immediately subsequent to appointment of members. A list of the current membership is included in the backup. Mr. Robert Guididas, representing CBIA, resigned his position on October I 0, 2003. CBIA has submitted an application for Mark Grasser as their new representative on the Revenue Commission. FISCAL IMPACT: NONE GROWTH MANAGEMI~NT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners conf'Lrm the representative tbr CBIA to the Revenue Commission, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 10, 2004 AOENDA IIEM NO. 90 FEB Pg. ,I _ J Name: Mark Grasser Home Phone: (239) 514-4074 Home Address: 6072 Towncenter Circle Zip Code: 34119 Fax No. (239) 732-0428_ Business Phone: (239) 732-0282_ e-mail address:_mgrasser~toilbrothersinc.com Business: Toll Brothers, Inc. Board or Committee Applied for: CBIA Representative to the Revenue Commission Category (if applicable): Developer Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X Do yon currently hold publie office? Yes No lfso, what is that off-me? No Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Masters of Professional Studies in Real Estate from Cornell University, Ithaca, NY - 1999 BS in Accounting from Canisius College, Buffalo, NY - 1992 Experience: I am currently a Project Manager with Toll Brothers at Naples Lakes Country Club in Naples. I have been with Toll Brothers in Naples since May of 2002. Prior to that I spent three years working for Toll Brothers as an Assistant Director of Finance in the company's corporate office in Philadelphia. Immediately before joining Toll Brothers I spent two years at Cornell University, where I obtained my masters degree. The real estate program at Cornell is very similar to an MBA, but takes the added step of providing a focus on real estate, as opposed to a more general business focus. Before going back to school I spent two years working for Torrey Homes in Atlanta, as a Division Controller and then Treasury Manager. At the time Torrey was the largest home builder in the state of Georgia, constructing approximately 1,200 homes in 1996. Prior to relocating from Buffalo to Atlanta, in October of 1995, I spent three years as a CPA with Freed, Maxick, Sachs and Murphy, a large public accounting firm in Buffalo, NY. Please attach any additional .... tn£ormat~on you feel perttnenL' Thts' application should be forwarded to Sue l~lsat~ Execu~'ve Manatter[ ~ to the Board of Count~ Commissionets, 3$Ol east ramiami rr~ lVarles, rt S411Z If yo. wish, please fttx your ~plic~~ or e-mail to suefilson~colliergov, net: Thanlt you for volunteering t~ sesn, e the ei~,_,,ns of Collier County. I NO .... Name Revenue Commission Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James A. Peterka I 101 Edington Place Marco Island, FL 34145 E-Mail: District: 1 Category: Airport Authority 768-4486 06/24/03 389--4262 Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 E-Maih mtisfree~att.net District: 3 Category: Black Affairs Advisory Board 348-3335 Mr. William P. Harrison 389-5006 9896 El Greco Circle 992-4922 Bonita Springs, FL 34135 E-Mad: bharrison~cityo fmarcoisland.co m District: Category: City of Marco Island Mr. Clark Russell 643-1234 3005 Fort Charles Drive 777-0181 Naples, FL 34102 E-Mad: citycouncil~naplesgov.co m Distn'ct: 4 Category: City of Naples ~,~; Mr. Robert Gmd~das ,~ ~ o.~ 649-1500 1550 13th Ave., N. ~' 64.3-6311 Naples, FL 34102 E-Mail; rguididas(~communitybanko fnaples.com District: 4 Category: Collier Building Industry Association 06/10/03 06/10/03 06/10/03 0~1~03 01/08/05 01/08/O5 01/08/05 01/08/05 01/08/05 18 mos. 18 mos. 18 mos. 18 mos. 18 mos. l&'ednesday, December 17.. 2003 Page 1 of 5 AGEND~i ITEM FEB I 0 2C;q Revenue Commission Name Work Phone Home Phone Mr. Rodney Lee Robinson 403-4235 34 Golf Cottage Drive 213-4229 Naples, FL 34105 E-Mail: rodr(~conservancy, org District: 3 Category: Conservancy of SW Florida Mr. James R. G~son 5041 Mabry Drive Naples, FL 34112 E-Mad: jgibsonjr~aol.com District: 1 Category: East Naples Civic Association 732-8830 Mr. Jamison Savage 659-3225 52 Golf Cottage Drive 262-8382 Naples, FL 34105 E-Mad: jsavage~globalwealthadvisor, com District: 3 Category: Economic Development Council Ms. Mayme Dembecki 4178 27th Court, SW, Bldg 37 #103 59,5-6975 Naples, FL 34116 E-Mail: District: 3 Category: Golden Gate Civic Associaiton Mr. Matthew Hudson 248-7101 321 13th Street, S.W 354-2769 Naples, FL 34117 E-Mail: mhudson~viprealty.com District: 5 Category: Golden Gate Estates Civic Association Appt'd DateRe-appt 06/10/03 06/10/03 12/16/03 06/10/03 06/10/03 Exp. Date 2ndExpDate 01/08/O5 01/08/05 01/08/05 01/08/05 01/08/05 I8 mos. 18 mos. 13 mos. 18 mos. 18 mos. I~ednesday, December 17, 2003 Page 2 of 5 AGEND~ITEM NO.. Pg ...... Revenue Commission Work Phone Name Home Phone Mr. Jeff Mangan 649-5699 9741 Wilshire Lakes Boulevard 513-1236 Naples, FL 34109 E-Mail: jrmconsulting~earthlink.net District: 2 Category: Greater Naples Chamber of Commerce D~lreRe-appt 06/i' ~3 Ms. Teresa Nelson 1150 Reserve Way, Apt. 302 Naples, FL 34105 E-Mail: District: 3 Category: Hispanic Affairs Advisory Board 774-8875 434-2969 Mr. Clive Walcott 649-5500 3060 Horizon Lane, #1404 597-3793 Naples, FL 34109 E-Mail: cwnext~aol.com District: 2 Category: Naples Area Hotel/Motel Association Ms. Janet Vasey 4398 Longshore Way, N. Naples, FL 34119 E-Mail: jvasey~gulfacc ess.net District: 3 Category: Productivity Committee 598-4378 06/1i)/03 Mr. Douglas M. Fee 921 Carrick Bend Circle,//201 Naples, FL 34110 E-~14ail: feegro up~,ao i.com District: 2 Category: 2nd District (POANCC) 513-1040 513.-1040 06/10/03 Exp. Date 2ndExpDate 01/08/05 01/08/05 01/08/05 01/O8/05 01/08/05 ~erm 2nd Term 18 mos. 18 mos. 18 mos. 18 mos. 18 mos. lVednesday, December 17, 2003 i'~,ge 3 of 5 AGENDA ITEM NO. (~D FEB pg. ,.b-' Revenue Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Samuel Joseph Moran 15081 Royal Fern Ct., H200 Naples, FL 34110 E-Mail: joemoran(~mindspring.com District: 2 Category: United Arts Council 392-5339 06/10/03 592-5339 VACANT Naples, FL E-Mail: District: Category: C it3' o f Everglades VACANT Naples, FL E-Mail: District: Category: Immokalee Civic Association Chose Not To Participate Naples, FL E-Mail: District: Category: Naples Better Government Committee 01/O8/O5 01/08/05 01/08/05 01/08/05 18 mos. 18 mos. 18 mos. 1 8 mos. Wednesday, December 17, 2003 Page 4 of 5 AGENDA ri'EM Revenue Commission Name Work Phone Appt'd Exp. Date Term _ Home Phone DateRe-appt 2ndExpDate 2nd Term Created on March 11, 2003 by Resolution No. 2003-118 to explore alternative revenue sources for meeting the County's numerous and varied needs. They will identify the infrastructure requirements, governmental service and community needs of Collier County; explore both pdvate and public revenue sources to meet these needs; and submit written findings and recommendations annually to the Board of County Commissioners. This is a 19 member committee with the respective 19 organizations nominating 1 representative. The commission will expire 18 months after its first meeting immediately subsequent to appointment of membem. FL ETA T Staff.. Joe Schmitt, CDES Administrator:. 403-2385 ~l"ednesday, December 17, 200.t Page 5 of 5 MEMORANDUM DATE: TO: FROM: February 3, 2004 Board of County Commissioners Jim Mudd, County Manager Tom Henning, Chairman Commissioner, District 3 Agenda Protocol I am placing an item on the Board of County Commissioners' agenda for Tuesday, February 10, 2004 to discuss the protocol used for motions made for each agenda item. My idea would be to assign someone to announce the decision or motion of the commission in each item of business. The Code of Laws and Ordinances of Collier County Florida, Section 2-36(d) states in part: "The chairman shall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business." Please be prepared to discuss this issue under agenda item 9. /~ Tom Henning, Chairrfian TH:sf EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY COMMIT~E OBJECTIVE: To appoint 1 member to serve a 4-year term representing the City of Naples, expiring on May 22, 2007 to the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee had 1 term expire on May 22, 2003. This 9 member committee was created by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the uninco/porated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members fi.om the unincorporated area of Collier County, 3 members fi.om the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. ARer initial appointments, terms will be 4 years. A list of the current membership is included in the backup. The term for Mr. Ronald M. Pennington (representing the City of Naples) expired on May 22, 2003. A letter dated January 26, 2004 was received fi.om the City of Naples Clerk advising that on January 21, the City Council recommended the name of Mr. Ronald M. Pennington be appointed to a 4-year term, expiring on May 22, 2007. CITY OF NAPLES RECOMMENDATION: Ronald M. Pennington FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commi.qsioners confn-m the appointment representing the City of Naples, appoint 1, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 24, 2004 01/27/2004 13:13 2392Z3~025 CZT¥ CLERK PAGE 81 . January 26, 2004 OFFICE OF CITY CLEFi Transmitted Via FAX to 774-3602 - 2 pages Ms. C. Sue Filsor~, Administrative Assistant Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 341124971 Dear Sue: At the regular meeting of January'21, the C!ty Council directed that'a letter be forwarded to you recommending that Ro .r~ld Pennington be a~pointed as a City of Naples representative to the Collier County Coastal ~dvisory Committee. I believe thatlyou have Mr. Pennington's most recent resume on file. '~hile it was not specifxed at the Course, il meeting, we will carry forward Mr. Pennington's pri?r tGr4m expiration da~ ~ May 22, 2.00~.iln.less advised by you of another date. ',;" '~,.. ' ' .i":i'.~ ..... ; ' ,'' ~ .¢' .~ 2.,., : ~ .; . . .' '.' Please let me know I. n..Ibro¥i~l~ anything'fiiaho~,.: .:~' . . . Sitme~ely, Tara A. Norman City Clerk Mayor and Council Ronald Pennington FACSIMILE (23fl) 213-i025 TELEPHONE (23B) 213-1018 ,~UNCOM 717-101§ 735 EIGHTH STREET, SOUTH · NAPLES. FLORIDA 34102-87g6 01/27/20~ 13:15 23921S!025 CITY CLERK p~F' 02 Regular Meeting of Wednesday, January 21, 2004 Page 6 This document is promulgated solely for the purposes of providing ct brief reference to City Council action. It is not to be construed as the minutes of the City Council meeting or in any way the official record of said meeting. Resolution 14. City Clerk 04-.10338 appointing William Reddick Jr.; nominated by Galleberg Galleberg / Taylor / 6-0 City Manager 15. Approved~ City Manager's salary increase and continuance of his contract. Macllvaine / Wiseman / 6-0 Added Item 16. Resolution 04-10339~ / MacKenzie / Macllvaine / 6-0 Direct City Manager to return with a resolution at the 2/4/04 Council Meeting finding an alternative funding source for this project, that source being within the Park's bond fundi~g and the most appropriate source within that fund. Galleberg /MacKenzie / 6-0 Added Item Approved Council to submit letter of recomntendation regarding Rona!d Pennington to the Board of Collier County Commissioners as representative to Coastal Advisory Committee. 17. Consider appointing a City resident to the Design Review Board. City Manager six-month evaluation. Consider amending the Construction Management Agreement with D, Garrett Construction, l~c., for the Norris Community Center project to provide for additional construction services. Consider the request from the Board of Collier County Commissioners for the City of Naples to submit a letter recommending the reappointment of Ronald Pennington to the Coastal Advisory Committee. Macllvaine / Galleberg / 4-2 (Taylor aItd Russell dissenting) Correspondence and Communications - Requested improvement to the area near Cambier Park Bandshell as the grassy area has deteriorated to dirt/mud, making navigation difficult for those in wheelchairs; request City Manager investigate traffic light timing on US 41 north of 22~ Avenue (MacKenzie). Order of Consideration: 1, 2, 3, 4, 5, 10, 9-a, 9-b, 9-c, 9-d, 9-e, 9-f, 9-g, 12, l l-a, 11-b, and l l-c. Collier County Coastal Advisory Committee Name Mr. Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 E-Mail: District: 2 Category: Collier County Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 6494§55 05/22/01 05/22/05 4 Years Mr~ David A. Roellig 6000 Pelican Bay Boulevard, #504 Naples, FL 34108 EZMail: Distm'ct: 2 Category: Collier County Mr. John P. Strapponi I'~ '~ _ ~x~v 589 st. Andrews Boulevard~ Naples, FL 34113 E-Mail: District: 1 Category: Collier County 594-2210 05/22/01 05/22/04 3 Years 05/22/01 05/22/03 2 Years 775-2882 05/13/03 05/22/07 4 Years Mr. James L. Snediker 3000417 Royal Marco Way Marco Island, FL 34145 E-Mail: District: 1 Category: Marco Island 642-3566 05/22/01 05/22/05 4 Years Mr. John A. Areeri 1228 Lamplighter Court Marco Island, FL 34145 E-Mail: District: 1 Category: Marco Island 394-8852 02/11/03 05/22/07 394-8852 01/27/04 05/22/07 3+ Years Page I of 3 Collier County Coastal Advisory Committee N~me Mr. Bedford H. Biles 1588 Heights Court Marco Island, FL 34145 E-Mail: District: 1 Category: Marco Island Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 02/11/03 05/22/04 394-3089 Mr. William Otto Kroeschell 272 Mooring Line Drive Naples, FL 34102 E-Mail: District: 4 Category: City of Naples Mr. Ronald M. Pennington ~;~"~' 3430 Gulf Shore Blvd., N., Unit 2F Naples, FL 34103 E-Mail: District: 4 Category: City of Naples Councilman Gary Galleberg ~,~5~ 213-1015 735 Eighth Street, South Naples, FL 34102 E-Mail: District: 4 Category: City of Naples 262--6639 Tex'm 2nd Term 1 Year 05/22/01 05/22/04 3 Years 05/22/01 05/22/03 2 Years 263-6935 05/13/03 05/22/03 4 Years 05/22/01 05/22/05 4 Years Collier County Coastal Advisory Committee Name F~orl~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its .shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to unde~lake and complete assignments. After initial appointments, terms will be 4 years. FL STAT Staff: Ron Hovell, Project Manager, PUED: 530-5342 l~Fednesday, January 28, 2004 Page 3 of 3 EXECUTIVE SUMMARY AWARD BID # 04-3617 FOR EVACUATION SHELTER SUPPLIES AND EQUIPMENT TO PRO-PAC INC. AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $250,000 OBJECTIVE: To provide funds for the acquisition of supplies and equipment to improve the County's ability to adequately shelter evacuees during times of emergency. The purchase includes both logistical supplies and safety items/equipment associated with evacuation shelter operations. CONSIDERATIONS: Collier County Department of Emergency Management has identified a serious shortfall in the availability of mission critical supplies, equipment and logistical needs to support evacuees and Persons with Special Needs in County evacuation shelters. At this time, the County has supplies for only 130 evacuees. Current population demographics indicate that a Category 3 hurricane event would require the County be able to support 14,000 evacuees. Award of Bid #'04-3617 is the first step in addressing the shelter supplies/equipment deficit, and will increase our support ability to approximatlely 3,500 evacuees. These supplies will support evacuees during a variety of emergency situations. Decreasing the shelter supply/equipment deficit further, will remain a high priority for Emergency Management. Bid #04-3617 was posted on January 16, 2004. Three (3) inquiries were sent and One (1) bid was received and opened on January 28, 2004. Emergency Management and Purchasing staff have reviewed the bid and recommend award of Bid # 04-3617 to Pro-Pac Inc. in the amount of $244,324.63. The Department of Emergency Management is requesting a budget ammendment of $250,000 in support of this project. The amount of Bid # 04-3617 is $244,324.63. The balance of funds, $5,675.37 shall be used to support the shelter supply/equipment effort and will include such items as: a barcode printer, reader, software, and miscellaneous equipment necessary to ensure accurate tracking of lhe disaster supply inventory, and site visits to the vendor's manufacturing and assembly point to ensure product quality, adherence to bid specifications and to authorize partial draw of bid funds to vendor. Assembly and final delivery is expected to be completed by June 1, 2004. FISCAL IMPACT: The $250,000 in requested funding will be provided through a reimbursement to the General Fund for street lights being installed on U.S. 41 East. A budget amendment is required to recognize this revenue and appropriate it in the Emergency Management Department budget. AGE NDA~ ITEM No. ° I FEB 10 2004 GROWTH MANAGEMENT IMPACT: I!.~' ,:; no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of C(,t:~:r '. ',~mmissioners award Bid # 04- 3617 for evacuation shelter supplies and equipment :, ~ i'ro-Pac Inc. and approve a budget amendment in the amount of $250,000 for eme r ? :~ .' ,.; h e lter supplies and equipment. e': Date: ~ q REVIEWED BY:stepl~n_, . Carne~, ~urchasin?,; :~,.:!'at Services Director APPROVED B Y' ~~'t ~'-~'~5~7 _ _ Date: Dan Summers, Emergency .x,l~ :',ent Director FEB 10 200 oct, EXECUTIVE SUMMARY APPROVE CHANGE ORDER #10, AMENDMENT FOUR, CONTRACT #98-2829, IN THE AMOUNT OF $4,635,152.00 FOR THE CONSTRUCTION OF THE THIRD FLOOR BUILD-OUT AND THE CHILLER PLANT EXPANSION OF THE NAPLES JAIL ADDITION TO KRAFT CONSTRUCTION. Objective: Approve Change Order #10, Amendment Four, Contract #98-2829, in the amount ol $4,635,152.00 for the construction of the third floor build-out and the chiller plant expansion of the Naples Jail addition, to Kraft Construction. Considerations: Kraft Construction was awarded a contract to build an addition to the Naples Jail and as a result of the Jail expansion, the Central Chiller Plant, supplying air conditioning to the jail, will have to be upgraded to handle the increased requirements of the new addition. This upgrade was not included in Kraft's original contract because it was undecided, at that time, what other buildings would be coming on line affecting the volume of air required and the size of the chiller plant. This cost reflects moving the installation of the new ice tanks for the new jail addition (new concrete slab, additional piping etc.) to make room for the chiller plant to expand to accommodate the Courthouse Annex's Chiller installation. Construction cost is $22'/,762. The build-out of the third floor shell was not included in the original contract, see Agenda Item # 10.G, dated June 24, 2003 in which it was stated that the G.M.P. (Guaranteed Maximum Price) will be adjusted by Change Order at a later date, when the design of the 3rd floor build out is completed. Construction cost is $4,413,390. The re-stuccoing of the existing jail was to be included in this Change Order and was also mentioned in the same Executive Summary as the 3~d floor build-out. Due to the increased construction costs of all three (3) parts of this Change Order, Staff is recommending waiting until the end of the project and using any remaining funds, and depending on the amount, to either replace or repair the stucco at that time. This will allow the Project to remain within the original budget. Fiscal Impact: The total amount of this Change Order request is $4,635,152. Funds in the amount of $4,635,152 were planned for and are available in the Project budget for the addition to the Naples Jail Center. Source of funds are Correctional Impact fees (approx. 81%) and Ad Valorem taxes (approx. 19%). Growth Manaqement Impact'... This request is consistent with the County's 1998 Master Space Plan and the Integrative Corrections Strategic Development Plan. Recommendations: That the Board approve Change Order # 10, Amendment 4, Contract #98- 2829 to Kraft Construction Co. Inc. and authorize the Chairman to sign the Change Order after review by the County Attorney's 9ffice. //~ck Crognale, Prinef~l-P~:oject IVlanager, Facilities Management REVIEWED~: ,, '~~~~ (- Skip Camp CFM, Di{ecto~ ~Jcilities Management ' tev Oam ,,, kon Golden ~rica, AOministrator, Administrative Se~ices Division DATE: I / June 24, 2003 Regular meeting Page 6 of 22 Unincorporated Areas of Collier County. Utilities) Report presented (Jim DeLony, Administrator, Public Reject a request by Surfsedge Inc. for reimbursement for the removal of beach sand in the amount of $3,782.56. (Jim DeLony, Administrator, Public Utilities) Approved 4/1 (Commissioner Coyle opposed) Ce Obtain direction from the Board of County Commissioners to consider the Hammock Isles Project under previous Collier County Land Development Code (LDC), Division 3.15 Regulations for the Issuance of a Certificate of Adequate Public Facilities (COA) by determining that the subject development was in process prior to the effective date of the Collier County Land Development Code amendment to Division 3.15, which became effective February 6, 2003. (Joseph K. Schmitt, Administrator, Community Development) Approved for Staff to apply the prior LDC provisions 5/0 De Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (Capital Improvement Element No. 63, Project No. 63051). Estimated fiscal impact: $5,765,600. (Norman Feder, Administrator, Transportation Services) Resolution 2003-231 Adopted 5/0 Approve agreement for the purchase of property for a Public Utilities' Division Operations Center at a cost not to exceed $8,200,000 (Land, Buildings and Associated Improvements), Project Numbers 73072 and 70059. (Jim DeLony, Administrator, Public Utilities) Approved 5/0 http://wwxv.clerk.collier.fl.us?occrecaps/2003/June24.htm Approve the expansion of the previously approved four lane portion of the Goodlette Frank Road Project, from Center Street to Orange Blossom Drive, to a six lane project and approve the extended use of the previously approved contractor and consultants, Ajax Paving Industries, Inc., Johnson Engineering, Inc., and PBS&J Inc., Project No. 60134. (Norman Feder, Administrator, Transportation Services) Approved 5/0 Approve Guaranteed Maximum Price (G.M.P.) of $34,402,176 [or uonti-act / FEB 1 0 200 1/30/2004 June 24, 2003 Regular meeting Page 7 of 22 No. 98-2829, Amendment #4 to Kraft Construction, Inc., for the construction of the proposed Naples Jail Addition and Renovation, Parking Deck and Chiller Plant Expansion. (Skip Camp, Interim Administrator, Administrative Services) Approved 5/0 He Approve funding for water reliability improvements in the amount of $3,380,500, Project 70094, 70893, 71011. (Jim DeLony, Administrator, Public Utilities) Approved 5/0 Amend Professional Engineering Services Agreement with Metcalf and Eddy, Inc., for the South County Water Treatment Plant Reserve Osmosis Expansion, Contract 98-2891, in the amount of $960,295, Project 70054. (Jim DeLony, Administrator, Public Utilities) Approved 5/0 Moved from Item #16B1 Request Board approve a Landscape Installation and Maintenance A~eement among WCI Communities, Inc., Hammock Bay Owners Association and Collier County for landscaping along Mainsail Drive. For installation of a new cur~,'ing sidexvalk, lighting improvements, enhanced landscaping, and irrigation installation Approved with changes - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS Andrew Solis and John Slaugh- Regarding temporary CO until variance can be obtained. Staff directed to continue to perform building inspections and a conditional CO to be issued until the variance comes back to the BCC 4/1 (Commissioner Halas opposed) Matt Finn- Regarding Clam Farming and Aquaculture in Goodland Staff directed to put in clam farming as a Conditional Use in Goodland and look into Chokoloskee and Plantation - Consensus 12. COUNTY ATTORNEY'S REPORT 13. 14. OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY http ://x~,av.clerk.collier.fl.us/bccrecaps/2003/June24.htm i A GE Nr)a IT~ FEB 1 0 20Or, Pg.._~ 1/30/2004 CHANGE ORDER AIA DOCUMENT G701 DISTRIBUTION TO: Owner: Arckitect: Contractor: Field: Other: PROJECT: TO: Naples Jail Center C-10-01260 3301 E. Tamiami Trail Naples FL 34112 Kraft Construction Co., Inc. 2606 South Horseshoe Drive Naples, Florida 34104 CHANGE ORDER NUMBER: Ten (10) INITIATION DATE: January 29, 2004 ARCHITECT'S PROJECT NO.: CONTRACT DATE: January 12, 1999 CONTRACT FOR: Expansion & Renovation of the Naples Jail Center, Chiller Plant Expansion & 5-Story Parking Garage You are directed to make the following changes in this Contract: Additional Work Per Approved Pending Change Request No. 1260-24 dated 11,/07/03 for the Revisions to the Central Energy Plant Per the Attached. $221,762.00 Additional Work Per Approved Pending Change Request No. 1260-26 dated 12/04/03 for the Build-Out of the 3rd Floor of the New Jail Per the Attached. $4,413,390.00 Total Add: $4,635,152.00 Not ;alid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement hcrcx~ith, including any adjustments m Contract Sum or Contract Time. The Original Guaranteed Maximum Cost was: ................................................................................................ $ Net Change by previously authorized Change Orders ( 1-9): ........................................................................... $ The Guaranteed Maximum Cost prior to this Change Order was: ................................................................... $ The Guaranteed Maximum Cost will be increased by this Change Order: ..................................................... $ The new Guaranteed Maximum Cost including this Change Order will be: .................................................... $ The Contract time will be increased by: (60) Days The Date of Substantial Completion as of the date of this Change Order therefore is March 17, 2006. 34,402,176.00 (9,122,655.59) 25,279,520.41 4,635,152.00 29,914,672.41 .ARCHITECT: Schenkel Shultz, Inc. 2640 Golden Gate Parkway, Suite 112 Naples FL 34105 Date: [' 2.F:~- ~>~--/ AIA DOCUMENT GT01 - CHANGE ORDER THE :MMERIC,adN INSTITUTE OF ARCHITECTS. 1715 NEW YORK AVE., N".V, WASHINGTON, D.C CONTRACTOR: OWNER: Kraft Construction Company, Inc. ~ Collier County Government 2606~ ..¢ ~/-/.//S' Horseshoe Delve .//.,~ / 3301 E, Tamiami Trail, Bldg. NapI~~ //9//~"////r//~'/~ ~//r.~/.,- .//~ Naples FL 34112 r-'-~obgrt (5~ S cht~b-ri~g, C,,p Constmc~t on ~r- ' I/,#._z._,~ Date: January 29, 2004 Date: fly ~ ~Z 1N WITNESS WHEREOF, the parties hereto have executed this Change Order No. 10 for the Naples Jail Center on the date(s) indicated below: CONSTRUCTION MANAGER: ~T CONSTRUCTION CO., INC. Date: ~r~,. (CORPORATE SEAL) ATTEST: TWO WITNESSES: Second Witness OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, A POLITICAL SUBDIVISION OF THE STATE By: Commissioner Donna Fiala, Chairman Date: ATTEST: DWIGHT E. BROCK, CLERK By: Date: Approved as to form and legal sufficiency. Tom Palmer, Assistant County Attorney Date: NO. FEB I O Pg._ November 7, 2003 Sent Via Fax 262-0715 & US Mail Mr. Marty Miller AEC National 1100 5th Avenue South, Suite 201 Naples FL 34102 RE: Naples Jail Center C-10-01260 Dear Marly: This PCR is for CEP Revision rtl drawings issued by AEC. This work includes the concrete slab and walls for the ice tank farm with a louvered screen wall. The ice tanks have been relocated requiring additional piping and miscellaneous mechanical equipment has been relocated. This work is a change order to the contract and Kraft will proceed with this work upon your approval. The following is the cost breakdown with subcontractor quotes attached: Respectfully, KRAFT CONSTRUCTION CO., INC. AM~.~ d~. fi--'//~ II-//-o ~ ~.~d/l 0.,/.~,9 v~---~- ~ /" -(/[2~'~ Approved By: M~ ~er Date ~C ~ational, Inc. cott Wright Ass~t~t Project M~ager / ~~~ ~ ~.~ ~roved.~y: ~k G~gnale Dat~ ~¢ ilier ~6 ~ ~c ~i~ Management CC: PCR ~1260-24 Reused 11/7/03 ['/ [ .// /~/~'/~ RusW E~erd~, CCFM (514_}280) '/ ~ ~- i" ,~&~ //-/'~:~ T Bob Schubrmg, ~afl~~ -Reviewed B~ Rusty E~erd~ ] )ate*~["~ lasoss HorseshoeD~veT~Dles FIor,d Cemer Co~tyFac~tiesM=a~ement .o._ · · P . ' a34104 (941)6~3-B~0 Fax (941)B43~C )¢~ ~1058N. TamiamiTrail Saraso~a, Florida 3423B , (941) 33¢8990 , Fax (941) 33¢8~ t4~[~ Ft. Myers, ~. Tel 239 275-8558 Fax 239 ~75-S668 flm~rs~anecoir, c.~m September 24, 2003 Kraft Construction Company, Inc. 2606 Horseshoe Drive South _Naples, FL 34104-6~_21 Attention: Project: Subject: Scctt Wright, A~sistant Project Manager Naples Jail Center CEP Revision #2 Aneco Control #CE-005 Description: Work Required per Revised Dwgs Dear Scott, We hereby submit our proposal in the amount of $ !: - ) 00 to perform the additional work as required in the above referenced project. Please advise in writing, by Change Order, accepra~::c.: .:f tkis proposal so the work can be incorporated in our schedule. This Froposal is va!it 5 r ~0 days and requires an extension of contract time in the amount of 0 days. This proposal is based solely on the usual cost dements ~uch as labor, material and normal mark- ups and do~ not include disruption, reschedulin¢ ::,::ended overhead, overtime, accelerated and/or impaq costs. Our fight is expressly reserved fvr ::~;t!ement of these items as it pertains to this contract. Comments: this proposal includes changes to electnca~ equipment.per the above referenced documents and as described below: · Extend Power Across Existing Street to Relocated !-ar& Farm. · Extend Power to East Side of Bldg. for Relocated P- 1 · Also included is Demo & Re-Installation of Pump House Equipment. Sincerely, cc: 3[ain ~pecialty ¢o~racta & Services PROJECT NAME: .Nap!es Jail PROJECT #: ~'~,1_~ ESTIMATE BY: qg SQIFT: DATE: 9./24!2003 DURATION (DAYS): O SAVE CODE: CE ~C05 DESCRIPTION: CEP Revision #2 Misc revisions as shown inc!udJng: - Extend P~,ver Acro~s ~<':sfing St~ ~e Relocated T~nk F~ - E~end Power to E~t S~ ~f BMg. for R~t~ P-14 ~lso ~ud~ is D~mo & R~i~s~cn of Pump H~use EOui~ent QUOTABLES FIXTURES! O. O0 GEARi ; .5CO 00 GENERATOR ! 0 c~ FIRE ALARMi 0.v'~ LTNG. PROT. i 0 O0 SYSTEMS i 0 00 M;SC.#1 i ~ ¢,"), ~1~SC. ;-;2i O.00 Totals from Estimate Sheets Deiete Lighting Puff B~ from Estimate R~locate CommunicalJon Handhole! Add HotBox PG 3000 MATERIALS i lABOR HRS ~AISC.~i O.0O MiSC.~i 0 C0 MISC.#7 0 00 MiSC.~B 0.00 JOB EXPF. N~E LABOR EXPENSE ESTIMATtNG~ !5% WARRANTYi 0% SAFETYi 0% CLEANUP) O% MISCELLANEOUS 0% 159.59; ADD 1 DEDUCT 0.00[ 0. TX CONSTRUCTION POWER 0. C0i 0.,2~ SUB TOTAL! 4,851.351 169.3S SALES TX/FACTOR i 0% i 291 O81 0.00 ENGINEERING~ 0.00 TOTAL LABOR E~PENSE 1 MISC EXPENSE OPENi OPENi O?ENi OPEN( OPEN[ PERMITi STORAGE! TELEPHONE! ICE & WATERi TIn,Si LODGINGi D~W~NCSi TRUCKSi RICING B~OE D~CHING~ GASIOIL~ SCAFFqLD[U9j S~LLTOOLSi 0%~ 0.00 003 O.'~ 0.~ 0.00 O.00 0.00 0.00 0.00 0.00 0. CO 0. O0 O. CO ~0.00 00~3 TOTAL MISC EXPENSE :3,50.00 .... TOTAL JOB EXPENSE_ . 1,37~.30 S U EICON TRACTORS DOLLAR~ NA~E 0.001 o 0.001 0.00 10% ~Overhead (I O0 ;-'Sub Total 0.001Grand SUPERVtSORY LABOR HOURS I TFrLE 0.00iTOTAL HOU RS 3O. 00iSUPERVISORY LABOR RATE O.O0[TOTAL SUPER. LABOR $ !0% SUPERVlSIONi 16.94 TOTAL LABOR HRS_ i 188.33 AVG LABOR RATEi 24.~ LABOR COSTS~ 4,471 SUPER_ LABOR COST! 0.0~ PT&Ii 53% i 2.370.16 LABOR COST WIPT&II 8,84?_00 MATERIAL COST$i 5,142_43 JOB EXPENSEi 1,37630 "~.,~OVER HD/ALLOW.! 1,336.07 0% ) PROFITi 0.00 SUB CONTRACTORi 0.00 SUB TOTAL! 14,696.80 ~:::: :::::::::::::::::::::::: CONT. LIAB.i 117.57' BOND~ 0.00 TOTAL~ 14,814.38 PRICE QUOTEDi 14,8C0.0C FEB 1 0 ZO0 , Pg...~/ ommercial Concrete Systems, Inc. !20 Taylor Road #101 aples, Fi 34109 (941) 592-I101 CHANGE PROPOSAL Page I of J Date: 09/11/03 Fax: (941) 592-1103 FO: Kraft ConstJ~c. ktta.: Scott Wright 'h. : (5.30-0722)' "ax : (530-0388) : hereby sul.,,dl specificsgca-~ and ~fimalzs for drawings by: dated JOB NAME/LOCATION: Central Energy Plant Ice Tank Slab Changes Slab as shown mcchcanlcal draw'Jugs 2380 sqft x 6' thick Proposed Slab 4138 sq~ x 8"thlck wRhicken edges · 18'tk. · 4'-6" wide. Rebar ~____~_. 12"o.c.¢.w_. Formed key jt at ba~e of retaining wail Excavation,forming, grading, pl~c~ al~d fi~ish and saw cut slab. l~z3~l[ng Wall FOFrnlng W! c. hamfered edges 270 lnft · 4'-0~high Rebar #5 (~ 12" o.c.e~w. Concrete and Pumping Rub Wall Finished for paint. Bldg K Add 4 Pedistal's (~ goof, Cut Existing Roof Drill Epoxy, Form and Pour Pedistal~ 12xl~x24 ea. Clean-up and Saik~ Credit: Add: Add: h'r~posc h~i~by tn furnish material and labor, compL-'~ in acc. ordan~ with ~,~above ~q:~cal:~ fca- thc sum of; Payment Invoice through 25th of the month to be paid the following 10th of the month 6:stioas i~volviag mtm~ oom ~ i~ ~ oaly alma wrim:a ord~s, and will became_aa c~xra dxar8~ ~cr and ~ the ~xiagm. . ~ - ~ ~ / PM ~ of~ - ~ ~ ~, ~o~ ~d ~n~ am ~~ ~d ~ h~ ~. You ~ au~o~ 'led. Payment ~ be made as oudiacd alxnte FEB 1 O ?.CIQ , pg.~' ,.. O~SCRIPTION; ]/~ ONTI. COST/UN /~T~L. LABOH SUBCN?RT. MI$C.OTHN, TOTAL ;O SLAB: 301~1 FOr; Mat, l~ft ~?0.0~ 1.Z~0 $357.7~ 30102 FoTa Labor - Direct hft 270.00 2.500 $872.50 $877.S0 30103 ~rep Labor - Sob¢~t. sqft t,138.00 0.250 3010t ~lace/Fi~is~ - S~b. sq~t ~,136.00 O.SO0 ~2,06t.00 $2,0S9.00 30105 Stri~ C~or - ~irect iQ~t 2?D.O0 0.250 $67.75 $8?.25 30106 visquee~ (per lOOO') sqft 2,620.00 0,025 $69.A3 30107 lire ~eG~ tls, 0.00 50,000 $0,00 SO.O0 30108 Expassioa Joint ft. 0.00 0,250 $0.00 $0.00 $0.00 3010~ CoDcrete cyrd 1t2.00 60.000 ~ 30110 ?ea~3ates/G~out'9 ea. O.O0 5.000 ~o.eo 30111Co~crete hep cIr~ 142.00 15.OOD !2,130.00 $2,130.00 3011~ Chair8 ea. O.OO 0.300 $0.00 SD.OD 30113 Rebar fi, 12,ZO0.OO 0.320 $1,10a.32 $4,000.00 t8,104.3~ 30114 ~els ea. 0.00 1.500 ~O.O0 aO,O0 30115 EzcTatioQ ~oao,Ftrs. l~:t. 2?0.00 1.500 30!1~ Xe~a~ Fora at ~alll~ft 270.00 1.250 143.10 ~273.37 ~hase total: ~]3,705.ao ~s,lsa.ez n,soa.so FEB 1 O 2OO~! /b . DESCRI??I0~: U/M @~TY. C0$T/UNT 30 SLAB: 3010! ¥orm ~at. l~t ~O0,0O 1,~50 ~010~ ~o~m ~o~ - ~isect ]~t ~00.00 ~,500 ~0103 ~rep ~abor - Su~c~t. s~f~ Z,380.00 0.~50 30204 ?]ace/~inis~ - 8~b. sqft 2,380.00 0.500 30~05 8trip Labo: - Direct JaR 200,00 0.250 3010~ Vis~e~ (~ez ]000') sKft 2,~20.00 0.025 30107 Wire Mes~ ri;. 0.00 50.000 30108 gzpansJon Joint ft. 0.00 0.250 30109 Concrete cyrd 60.00 60.000 30120 ?emplatea/$rout'g 30111 Coacrete ~ump cyrd 60.00 15.000 30112 Chairs ea. O.00 0.300 3011] Rebar ft, 4,800.00 0.320 3011~ Dowels eB. 0,00 1.500 30115 gxcvation Moao,Ftrs. lnft. 200.00 1.800 30116 ~is¢. Equip./Matrl. ~a. 0,00 1.000 ~A?RL. $265.00 $650.00 $650.00 $595.00 $5~5.0~ $1,~90.00 165.00 $65.00 {~.00 $0.00 $0.00 $0.00 ~0.00 $900.0~ $900.00 $0.~0 $0.00 0.o0 0.oo S30D.O~ $300.00 SUBCNtR~. MI$¢.OT~R. YOTAC 60 COL~S: ~OlOl Lu~ber bdft g,280.00 0.75 60103 habor - ~or]ed call 2,280.00 i.?$ 6010t labor Cha~fer Stp loft 570.00 1.25 60105 Rebar lnft 2,400.00 0.32 60106 Concrete c~y~ 30.00 60.00 60101 ~tirr~ps ea. 0.00 0.~ 60lOB Puap - Concrete cuyd 30.00 I5,00 ~010~ Chaafer Stp lnft 570.00 0.50 0.00 , 5,187.00 814.~8 750.00 0.00 302.10 350.00 $1,812.60 $0.00 ~I,~0~.00 I q, oo ~0.00 ~450.0D $30~.i0 60110 Patch/Rub sqft 2,280.00 0.35 798.00 $798.00 . , ..... ,,.,,,~,. FEB 1 0 2oo~, I -ROOFING SHEET ),4ETAL · DECK CONTRACTORS 0g September 2003 Scott Wright Kraf~ Construction Company, Inc. 3305 East Tamiami 'Frail Naples, FL 34.112 FAX (239) 5304)388 RE: Naples Jail Center, Revised CEP Draxv ir, :s Dear Mr. Wright: We have reviewed the revised CEP draw~gs. Thee :,' ~i 5 x no additional cost associated with. these revisions. Pleas~ call if you have any questions. CROWTHER tIOOFI]' Terry Adams 'G AND SHEET NLE"IL&L OF FLORIDA, 1NC. 2501 ROCKFILL ROAD · FT. MYERS, FLORIDA 33916 · (239) 337-1300 FAX: (239) 332-0939 GENI ,AL CONTRACTOR8 rax:Z595920877 1360 RaiJhead Boule,~ard Naples, FL 341 i0 CGC014953 (941) 592-0828 (941) 592-0877 Fax 24 '03 8:55 P. 01 MEMORANDUM FAX TO: Mr. Robert Sehubr/ng FROM: FAX: (239) 435-3827 FAX: RE: Central Energy Plant Location DATE: ~ by_.' GLH Date: 9/24/03 Gng Hunt- EHC (23)) 592-0877 9/i 4/03 Time 7:30 AM t . No. Pag. E~ Mr. Schubring, Pricing for Central Energy Plant location. Thank You for the heads up! I h~d looked at so many building changes that didn't apply this one slipped through. Thanks Again.i DESCRIPTION QUANTITY' UNIT PRICE Curb Removal 232 LF 4.75 LF Asphalt Removal 2624 SF .55 SF Curb Replacement 28 LF 10.00 LF Asphalt Repair 80 SY 13,16 SY Mobilization (If not done with other repairs or paving) 1 LS 750.00 EA Gregory L. Hunt, Vice Pres. To TOTAL $ 1,100.00 1,443.20 280.00 1,052.80 750.00 talAdd $ '"I'""'~ FOB; UUNbUL 11JA I ~U IUUdi/qqOUUd IU/UU/ZUUU 14; IU #4bb K .UU 1 Florida Aluminum & Steel Fabricators, Inc. C~A,NGE ORDER REOU~ST FORM "PLEASE ACKNOWLEDGE WITHIN 7 E (Failure to respond within 7 days may delay completion of the DATE: October ~, ~003 TO: KRAFt CONSTRUCTION CONTRACT NAME: NAPLES JA~ ,BUILDING "I~ CHANGE REQUESTED BY: SCOTT WRIGHT DE$CRIPT~Q]~ OF PJ~Q~ESTED Cq{ANGE; FURNI$~ O~Y: ~IO~ ~ S~ SHOP D~GS F~iSH A~ ~STALL; AYS" equested work) FAX#: ~ coNmfiCT~.' ~ CRANGI ORDERth Q2 REV. 2 272'-0" LN FT OF G~V~Tpr~ S~ W~L SYS~M ~G ~ T~-g( LO~S BY B~ BATES 1-31~2~ X 1/16" FO~D LO~ BLUE, 80% ~W BLOC~O ST~HO~ZO~ O~NTATION, F~ B~ B~, T~E S~EL F~D ~ PO~ C~AT F~SH. O~(1) GA~, S~GI.~ LE~, gLO" T~ X 4' * D~NSIONS ~ ~PRO~... ~L BE CO~~D T~OUGH ~PR ~V~ D~G~ E~CTION ~ P~CE FOR P~ NOT TO ~CE~ $15.00 PER GALLON ~ FOR ~QUES~ ~NGE: ~1,400.00 ~ ADDI~ON~ ~ ~Q~D FOR PLEASE CONS~EK T~ AS APP~P~TE AUTHO~ON TO E~C~E ~S C~NG~ O~EK: AUTHO~ZED S]~ NAME AUTHORIZED BY: DATE: PRINT NAME #1 Tom Rab Lane, S.W. · Crystal Industrial Park. Ft. ,Myer %FL 33907 !FEB 1 0 ~OO~ From:CONSOLIDATED 18037446093 10/09/2003 14:10 #466 P.002 ' ARNETT BATES CORPORATION T,u.oo FAX: 915 www. Barnettl Company Fledge Aluminum and Steal Nam~ Ga~ Hugh~a Add~.a 1 Tom Rab Lane ¢lt/l~latelZ:lp Fort Myers, FL 33g07 Phon~ 239-93~-81~3 Fax 23g'476-2097 Ship T- ,~ Date I013/2D03 Quote No RT- 444 Jell' Nam=' Nap[es Jail Cenler Ship Palm Freight AII~WGQ To Fl_ Moyom. FL Ship Vie Boslway . Beam Me~ummar~[s Welsh[ 1G,921 -~q. Ft. 0 Treads 0 ARCHITECTURAL SCREENIN. G Genuin60rsogrll Talle.80 by BarnettBates. 1-31132" x 1/16" Formed Louver Blade, 80% View Blocking Style - Horizontal Orientation, Frame Bar Banded, Tube Steel Framed "BB20" ZO Year warranty Powdercoat Finish (G4) Pieces, 8%0" tall x 4'-0" wide (2) Pieco~, 8'-0" tall x 3'.0" wide (1) Piece, (1) Piece, 8'-0" tall x 2'-8" wide (1) Gate, Single Leaf, 8'-0" tall x 3'-4" wide ~ Dimensions are approximate ,,, will be confirmed through approval dra Tubs steel frames will have holes (~ accommodate fasteners to supper * Fasteners to support steel are BY OTHERS ' Support steel is BY OTHERS Vlrelght, /rem SubTotal: '16,921 "SCOPE NOTES" , ~41.3912 726.9210 1.) Price as quoted .Includes infill materials, tube sloe] frame materials, MbHcation, fin desctib$~l and delivery te the Jobsi[e hued on ONE shipment. Additional shipmenfl in~rense price. _~2.) BarnottBates Corporation manufactures and fabricates bar!arating products in acc ~h standards, spec~catlon~ end ~lerances as defined by AN~I~AAMM MBG 631-0 ~arna~Ba~s Ce~. Quote No. ET- 4~~ I013/20(3 ~ings steel &hing as will .ordance I ~ :02:30 AM Page I of 2 J FEB ,0200 From:CONSOLIDATED 180374a6093 10/09/2003 14:10 #466 3.J Tile Sailer will not l~e responBIDIB tot any work, char_nee or billing made by the put subcontractor unica,, prevloutly abroad to In writing Barnett. Bates quotation is predic terms described herein. Use ~f any oth~r contract form, Includlnq AIA forms will rec analysis o~' added exposure, costs and possible prohibitions, -' DRAWINGS-' 1.) This proposal Includes drawings for approval, revisions a~d InstallaUon dcawing forapproval or Installation will be:sent electronically, Please provide appropriate at time or order. °' FINISHING NOTES" 1.) "BB20' Powdercoat ules an polyester ~namll ba~e coat and allmin~taa many of t associated with powdercoat over galvanizing. This finleh provides · u~lform suffaci roughness and BamgEtBetc~ Corporation warrant~ tills finish for 20 years against "PROPOSAL NOTiES" 1.) This proposal is valid for acceptance in 30 day~ and shipment~ in 180 days from shown shove. Purchase order~ placed after 30 dey~ or shipments required beyond subject to price revision. Z.) Terms of the sale are 1%10, NET 30 Days, No ReeairlaCle. Overdue balances em late payment charge. Tex~, if applicable, are EXTRa. BarnettBate~ Corporation remit~ NO taxes outside the s~ata of Illinois. 3.) All material~ manufactured by BamettBates Corporation shall be warranted f~r a (1) year from the date of shipment. The materials shall be warranted to be frae from workmanship, if any part of the mateflais should fall during the warranty period, it s rep[a~'gd by ElarnattBates Corporation. This warrant~ shall be limited to materials or in~t~ll the replacement, delivery chargea~ sales ta~ or any other chargm lm not CDW I~emettBatee Corporation. In no event shall BamettE~atgs Corporation be liable for c special or incidental damages arising out of or connected with the purchase or use product for any breach of warranty, 4.) Please provide BemettBat~-a with all de~ign drawings and/or sketches showing g arrangement, installation requlramanL~ and any other pertinent I~c~rmaflon to ailo. proceed with detail shop drawings for your review anti approval. When wa have rec mlterials, we can provide a :~hop drawing echedule. ",IiX CLU$1ON~," 1,) Field measurement, inetallation ~nd/or erection~ cuncret~ anthem, ha~wert oga faetenara not specifically listed elsewhere in thl,, proposal. ".AD D ITl O. NAIC DETAILS, "' ~.) Please visit www.bamettbates.com for additional product detaile, specifications photos. 15arnettBat~s :orp, QUote Ne. RT- 444 801.541.391Z Job Name; ?Val~lc~. J'n:J Cenlcr ;baser ar his ated an the dm an , Drawings ail address he problems without rrosion. gO dey~ are ~bJect to a le~ end =cried of one defects In ~all be .ly. Labor tot ired by onsequentlal, )r this -,neral us to ~ived these other :nd project $47,97,';.00 013 IZ )03 11:02:31 AM Page 2 of 2 From:CONSOLIDATED 18037446093 11/07/2003 15:80 ~391 P.001/001 Florida Aluminum & Steel Fabricators, Inc. CHANGE ORDER REQUEST FORM "PLEASE ACKNOWLEDGE WITHIN 7 DAYS" (Failure to respond within 7 days may delay completion of the requested work) DATE: November 7, 2603 TO: KRAFT CONSTRUCTIQN CONTRACT NAME: NAPLES JAIL BUILDING FAX#: 239-~Q-07~2 CONTRACT#: 03-~37 CHANGE REQUESTED BY: SCOTT ~)~;$,~RrI'TION OF REgUV,~;TEX) .CHANGE CHANGE ORDERS: 01 REV. 1 FURNISH AND IN~TA~LL: FIVE ($) GALVANIZED STRRL BEAMS FOR CHILLIER. SUPPORT STRUCTURE ExcIeU$IONS: ALUMINUM CAP FLASHING VIBF~TION ISOLATION CONCRETE PRICE ]?OR REQUESTED CHANGE: $8,200-00 AODITIONtJ., TIlVI[ ~Q~D ~OR S~ON S~TH PLEASE CONS~ER T~8 ~ ~PROP~AT~ A~HO~ATION TO ~C~ ~3 C~OE O~ER: AUTHORIZED BY: AUTHORI2~ED BY: DATE: #1 Tom Rah Lane, S.W. (239) 936-8153 · FAX (239) 936-a594 · Crystal Industrial Park, Ft. Myers, FL 33907 NO, .~ ................. FEB 1 20Or," Pg. / ~ov-04-2003 17:44 T-0;g P. 002/00g Oet-3~.03 2:02P~; JENSEN UNDERGROUND UTILITIEs, Page PROPo.~ 5585 TAYLOR ROAD. ,~IAPLES, FL 34109 PHONE: 2.39-5~7-~,C~,3 .-'AX: 23g~g7~l CER~F~ED UNDERGROUND UTILI~: CU PROPOSAL SUBMI~D TO; NO. 8~ : SHEET N0. 1~'~'~-- , ~E SPRI~.q(LER CONI~AcTOR V: 11796100019~ STORM: 1 EA Type C Inlet LABOR MATF. RIAL 28 LF 12" RCP (CL 3) 500.00 SOO. OD I F.A Cona D~II 280.00 400.00 I F-A Raise ExFs~ng/filet 700.00 150. DO JOB TOTAL C03~T-'~~' 2~0,00 I,~00.00 BaD. DO SSO. O0 ~lO.O0 ~ ~ ~L BEAN ~D~ON~ ~RGE FOR ROCK ~STING, ~VATING, H~MERiNG & CU~ING 3) TH~~ BE AN ~D~O~L ~ARGE FOR RGc~ REMOVAL FR~ PROJE~ 4) NO UNSU~ABLE ~R~L REMOVAL OR 5) NO T~p~ SW~CHE~ ~EPLACE~E~ WI~ ACCE~AB~ MATER~L 6) ALL PIPING STOPS 5' OU~IDE BUILDING FOOT PRINT. ~ F~HAL CON~c~ON ~ BUILDING BY aT,Rs. g) NO DE~ TESTING COST. ~O) NO ~NNEC~ON, INSPE~ON, PERM~ OR IMPA~T made ~ ~1/~: ~ ~ ~m~B] ~m~t ~m ~;t ' R~P~/lY zubml~d. ~ . ~. ,__ ~ , ~ "~ uPo~k~' a~°rdel~s ~-n ~ "'~'"(="~e/s' a~ bede an m.m ~E~. IN ~uan~ liabil~ I~um ..... '~ --,,~ n~ lorn;da a~ ?h;spmpaae~mau~.'__ ,~ INC. "~.~e~betakena~tby: .... w~r~ by u~ If not a~p~O ~hin~ Slgrratur~ ~ _ s~na~um INVOICE PrinDiv: 852_6/03 08:51:19 08/26/03 103319 KRAFT CONSTRUCTION 2606 S. HORSESHOE DR. NAPLES FL 34104 " KRAFT CONSTRUCTION r- 2606 S. HORSESHOE DR. NAPLES FL 34t04 (239) 643-6000 Ordered by: SCOTT WRIGHT qPLES JAIL- PCR ~24 ;Our truck 45050 103358 0099 08/26/03 txJ5 txJ5 SO. FI. ~IH DIGITAL PRINT ~. ~75~ 17~. 13 15 sets of 17(38~) itxi5 so ft VENDOR c/CODE G.L. DR. G.L. CR. APPROVAL Jerk: TMB [ease call with any discrepancies Sale amount 172.13 Tax 10.33 Balance.. due ........ 182.46 ... Due Date: 08/26/0j FEB 1 0 Page Mechanical,,,,G, roup, !nc. 918103 Kraft ConstnacQon Compm~y. lnc, 3305 Faa Tamiami Trail Naples, Fi. 34112 Atlc~lliOn; $coil WrJg~d Maples yail CF_.PfR~i_emd Cgp DrawLnS~ The follo~4ng ia mtr proposal to incorporate thc cl~nse.~ on Ibc rcvi~ad CEP dr-awing;. Scol~ of ~Y~'ork 1) Drain ~ ~c-loc:atc (3) Ice SIorage 'l"ank~. 2) DraJ~ ar~ re-locate (1) Fafco Tank. 3) Dispo~ of (a) Calmac Tanks offsitc. ¢} Pmvi~ and Inst~ U/G Piping nmlu~ng ~nch mxflbackfill to ucw Tank Farm l~ation. ~vi~ a~d instil (4) a~i6o~ ~.r V~ts. 6) P~'ide ~d In~l ~ilional pi~e at~ fitt~s for r~d v~.t ~'out. 7) ~de a~/n~aJl additional pi~ 5~ fl~ot di~ ~tlv;miz~). g) A~fio~i glycol for mcrea~d volume of piping 9) Incr~d E~ipmeat Rental for U/G Pi~ ~ladon mid ~-l~iion of Tanks. [0) Cr~il for (2) 14"x10" Weld T~s. (2) t0' Butt~y V~'~. (1) Air ~rat~ as~iat~ ping ~ flangcs. Tolal Add for Mater/al Totatl .Add rot Labor $20~647.0/) Total Add for thc Work a.a Outlln¢(! Above Clarificatio~a 1 ) Wc will rake o~dinary due ca~ h~ ll~t~ removal/rc-localion orthe ~g ice ~or~e ~ bnt c-armor ~ ~nsible for ~es d~m ~o O~c a~ or condition of ~e e~g ~~t. 2] We inco~mlc ot~r pro~s~ ~ted 4/2~03 for ~e ~ ol'cxlcnding our cla~fimfli~s to ~s r~ ~ of wo~. 3) C~te ~ Con~ls su~ntmclor as r~ti~ to ~ q~.~fi~ ~d ~o~ as o~iously a~eM. 4) Ice Slom~e T~s mu~ ~ m~H~ on a level sl~. ~e hO.~ ~ abo%~ in~l.g wilh yonr approval and thi~t w~ cart be of furth~ scrvic~ Lo you_ If you have qucslions please feel free to call. 10879 Metro Parkway Ft. Myers, FL 33912 Phone: 239-275-4406 Fax: 239-275-6635 Naples Phone: 239-566-8252 CMC056850 CACO5783A CFC042950 ~g-.ig-ZO03 11;05am From-SPECTRU~ PAINTING +941 43465Z0 T-gSO P.OOI/OOZ F-Z49 DATE: TO: September 19, 2003 Kraft Construction ATTENTION: RE: Scott Wright Naples Jail Center / Central Energy Revisions P R OPOS_,.AL We propose to furnish all labor, material, supervision and equipment necessary to complete the following Sections: Item #1 Texcote Foundation wall at screen 1. Power Wash ( Based on 2430 sq. ft ) Labor ............ 6 hrs ............................................................. $ Material ......... 1 gal ............................................................. $ 2. Texcote ( Based on 2430 sq. f[ ) Labor ...........25 hrs ............................................................ $ Material ......... 65 gal ............................................................ $ 130.00 14.00 563.00 1,050.00 Total Labor and Material .............. $ Clarifications: 1,757,00 1. No Painting included for Galvanized steel at Louver Wall System 2. No Painting of Louver Wall System 2E~-~ South Horsesho~ Drive · Naples, Florida 34104 · Oflfc~ (~9) C:M3~ N~v ConEfrucfion Fax (BEg) EM3-0693 · R~$toratlon Fax (,7.~9) Z[94-6.~.0 · Accounting Fax 09-1g-ZOO3 ll:05~m From-SPECTRU~ PAINTING +941 434~5Z0 T-g$O P.OGZ/OOZ F-Z4~ Item #2 Steel Supports for coolinq tower, duct s and pipe at roof Labor .......33 hrs .................................................................. $ Material ....12 gal .................................................................. S 743.00 304.00 Total Material and Labor ......................................................$ 1,047.00 Clarifications; 1. No Mech / Elect pipe painting or ID Item #3 Rails and Ladders Labor ......16hrs .................................................................... $ 360.00 Material ..... 3 gal ................................................................... $ 76.00 Total Material and Labor ...................................................... $ 436.00 Item # 4 Pipe Bollards ( 4 ) Labor ........ 2 hrs .............................................................................. $ Material ..... 1 gal .................................................................. $ Total Material and Labor ..................................................... $. i-oi'^ L All work to be performed according to PDCA (Painting and Decorating Contractors of America) guidelines. SPECTRUM CONTRACTING, INC. 45.00 23.00 67.00 .oo Rich Baldi Estimator ~o FEB 1 0 200 December 4, 2003 Sent Via Fax 262-0715 & US Mail Mr. Jack Crognale Collier County Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 RE: Naples Jail Center C-10-01260 Dear Mr. Crognale: This PCR is submitted as a change order request in response to Proposal Request //4 dated 10/28/03 issued by AEC National, Inc. for the build-out of the Naples Jail 3~d floor. This pricing is based on the drawings as listed on the Proposal Request's attached Drawing Index and Specifications dated 10/15/03. In summary the 3rd floor build-out is relatively similar to the 2nd floor with an open dormitory layout with the exception of the prefabricated steel cells in the southeast quadrant and center of the floor. Also a staff fitness center and locker rooms has been added. Total Cost for 3ra Floor Build-out ....................................... $4~413,390.68 A sixty (60) day time extension is required to complete this additional work. Kraft will proceed with this additional work upon official approval of this pricing and the requested time extension. See the attached page for clarifications and exclusions to this PCR Respectfully, KRAFT CONSTRUCTION CO., INC. /~~ d~). /l,/f_'.~,~ l- 2-'7 ~ff~~~ Approved By: Architect D~e~/~ Scott Wright ~~~~~_~ f' Assistant Project Manager ' pp . ]. Bi: J. acli/'~rognale Date C o Iii er/~ iJ u, nt3f/~a~j~Jie s Management CC: PCR #1260-26 ,~t~~ Rusty Elferdink, CCFM (514-7280) Bob Schubring, Kraft '~eviewed B//3: Rusty Elferdink l1 )at~ i~dT~ Collier Cog/nty Facilities Management ' -- FEB 1 0 2004 12606 Horseshoe Drive S. · Naples, Florida 34104 · (239) 643-6000 · Fax (239) []12120 Metro Parkway, Suite 117 o Fort Myers. Florida 33912 o(239) 561-5181 ,Fax(239 561-5129 [--]1058 Tamiami Trail N. · Sarasota, Florida 34236 · (941) 330-8990 · Fax (941) 330-8994 www. kra ftconstruction, corn 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Naples Jail Center 3RD FLOOR BUILD-OUT Cost Code Description Qt Unit Cost ~,!lowance Subcontract Total 01-005 Project Executive 6,~ hr $115 0~ $7,360.00 01-010 Project Mana~ler 8 wk $2,240.00 $17,920.00 01-015 Assistant Proiect Mana~ler 8 wk $1,840 O0 $14,720.00 01-020 Proiect Secretary 8 wk $920 00 ! $7,360.00 01-025 Superintendent 8 wk $1,600 00 ! $12,800.00 01-060 General Labor 8 wk $600 ' $4,800.00 01-070 Vehicle Allow. Il truck, lsuv) 2 mo $1,20; _' ? ~ $2,400.00 01-075 Gas & Oil Expense 2 mo $275 0_-~.' $550.00 01-100 3 - Jobsite Office Trailers 2 mo $662 5.;' ~ $1,325.00 01-105 ,Office Equip/Supplies 2 mo $900 ' $1,800.00 01-110 Posta~le/UPS 2 mo $400 .;_ i $800.00 01-120 Temp. Water 2 mo $100 ~;0 i $200.00 01-125 Temp. Phones 2 mo $600 ,.'0 i $1,200.00 01-130 Temp. Toilets (total 4) 2 mo $350 ¢.0 ! $700.00 01-135 Pro~lress Photos 2 mo $7? ?; ~_ $159.00 01-140 Plan Reproduction 1 Isum $6,000 ;:; .... $6,000.00 01-145 As-Built Drawin~Is 1 Isum $3,000 ©.3 ! $3,000.00 01-150 Project Si~lns 1 Isum $500 0,3 i $500.00 01-200 Debris Chute 2 mo $20003 ~ $400.00 01-205 Dumpsters/Trash Removal 20 ea $325 E~:~ .~__ $6,500.00 01-215 Final Cleanin~l 1 Isum $12,000 ..?? ' $12,000.00 01-225 Periodic Cleanup 8 wk $1,800 C_'~ .... i $14,400.00 01-230 Protect Finished Work 1 Isum $8,500 ;;~; ; $8,500.00 01-305 Hoist Rental (Crane) I Isum $18,000 E0 i_ $18,000.00 01-310 Hoist Operator 1 Isum $7,000 £,; $7,000.00 01-340 Small Tools 2 mo $500 ;~;'"-' $1,000.00 01-400 Risk Control Services 32 hr $55 ,?,3 -- $1,760.00 01-410 Temp. Barricades/Ladders 1 Isum $3,000 ?,~__. $3,000.00 01-510 Progress Scheduler 32 hr S56 $1,792.00 .~.',~RAL. CONDITIONS TOTAL $157,946.00 03-300 Cast In Place Concrete 1 sub ~-- I $543,472.60 $543,472.60 04-100 Masonn/ 1 sub '~son0/prfcin[I included in 03-300 Concrete 05-120 Structural Steel 1 sub $4,440.00 $4,440.00 06-200 Rough/Finish Carpent~ I sub r-- - $26,210.46 $26,210.46 06-410 Cabinet Work 1 sub $45,300.00 $45,300.00 07-900 Sealants . ~,000.00 $6,000.00 09-260 Gypsum Wallboard Systems 1 sub i . $21,890.00 $21,890.00 09-310 Ceramic Tile 1 sub ~ $10,884.00 $10,884.00 09-510 Acoust. Ceilin~ls & Insulation I sub I $62,016.00 $62,016.00 09.660 Special Floorin~l (Epoxy) 1 sub ' $12,550.00 $12,550.00 09-690 Carpet & Resilient FIoorin~l 1 sub ! $12,157.00 $12,157.00 09-900 Paintin~l & Caulkin~ I sub , $111,768.00 $111,768.00 10-100 Markerboards & Tackboards 1 sub t $1,614.00 $1,614.00 10-400 ldentifTin~l Devices (Signage) I sub ; $2,595.12 $2,595.12 10-500 Lockers 1 sub / $5,008.00 $5,008.00 10-522 Fire Extinguishers 1 subI $586.00 $586.00 10-800 Bath Accessories 1 sub $1,472.00 $1,472.00 11-690 Detention Equipment 1 sub ! $1,855,000.00 $1,855,000.00 15-300 Fire Sprinklers 1 sub ~! $53,143.00 $53,143.00 15-400 Plumbing! 1 sub $349,760.00 $349,760.00 15-650 HVAC 1 sub $363,245.00 $363,245.00 15-660 HVAC Controls & Fire Alarm 1 sub $58,562.00 $58,562.00 16-001 Electrical 1 sub $301,000.00 $301,000.00 SUBCONTRACTOR TOTAL $3,848,673.18 Subtotal $4,006,619.18 88-800 {Items 1-6 and 29 above) Labor Burden (~ 60% $40,051.20 88-300 General Liability Insurance (~ .575% $23,~ 61~:3-~ F.'~'~ 18-010 Construction Contingency (~ 2% $81,~98.7~ 88-302 Bond (~ 1.25% $51,~91.72 90-001 Fee (~ 5% $210,t 11~1~. iJ Tota, $4,413, 56 57 58 59 6O 61 62 3m~ FLOOR BUILD-OUT CLARIFICATIONS & EXLCUSIONS 1. Specifications are to be used from "The Expansion and Renovation of the Naples Jail Center" dated 2/14/03 for specification sections not specifically provided in the "Third Floor Build-out of the Naples Jail Center" specifications dated 10/15/03, i.e. 09310 Ceramic Tile. 2. The interiors of the prefabricated steel cells will be pre-finished with polyurea paint. The exteriors will be pre-prime painted only from the manufacturer. Field painting of the front exterior face and front side of the cell doors only is included. All other exterior surfaces are excluded and will remain prime painted only including the mechanical chase areas. 3. The prefabricated steel cells come precaulked on the interior. An allowance of $6,000.00 is allotted for caulking of the front exterior side if required. 4. Floor and slab caulk is excluded at the prefabricated cells. 5. Concrete floors in the prefabricated cells, mezzanine and stairs are excluded, finish schedule on Al. 18BO indicates these areas as sealed concrete. It has been verified with AEC National that it is to be steel and not concrete. 6. Visual display boards are to be by Polyvision - Nelson Adams. 7. Lockers are qualified as two tier (12x18x36) 24 guage knock down lockers with sloping hood, numbers, full length piano hinges and fillers. 8. Door hardware maintenance demonstration is included. 9. All required keys and keying are included. 10. Door hardware extra material is included. 11. A 5 year door hardware warranty is included. 12. Johnson Controls has excluded security for the 3rd floor. 13. A sixty (60) day time extension is required and included. 14. All exercise equipment for the StaffFitness room 3040 is specifically excluded. 15. If this proposal is not approved in time to fabricate and deliver the steel cell units prior to completion and close-in of the building structure, Kraft reserves the right for an additional contract time extension and associated monies to leave out a precast panel for delivery of the pre-fabricated cells. FEB 1 0 Architect's Proposal PROJECT: OWNER: TO CONTRACTOR: Request Collier County Naples Jail Center 3301 Tamiami Trail Bldg. J Naples, Florida 34112 Collier County Government 3301 East Tamiami Trail Naples FL 34112 Kraft Construction Company Inc. 2606 South Horseshoe Drive Naples FL 34104 PROPOSAL REQUEST NO. · #4 DATE OF ISSUANCE: October 28, 2003 CONTRACT FOR: CONTRACT DATED: 134,700 s.f. Jail Center Expansion October 24, 2001 ARCHITECTS PROJECT NO. · 9819-004 ARCHITECT: AEC National 1100 Fifth Avenue South Suite 201 Naples FL 34102 Phone: (239) 262-0025 Fax: (239) 262-0715 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Submit'proposal within 10 days, or notify the Architect in writing of the date on which you anticipate submitting your proposal. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. Description: Completion of the Third Floor per the Specifications and Drawings titled "Third Floor Buildout" dated October 15, 2003. The drawings for this work are as listed on the attached Draxving Index. AEC National, Inc. Manih D.~lV~iller \~tflal Llobs\9819-01M Naples Jail CenterXProposal Rcquests'xProposal Request Form #4 10-2 8-03.doc Page I DRAWING INDEX GENERAL SHEETS STRUCTURAL CIVIL/LANDSCAPING M)T U~D ARCHITECTURAL A"LM TI4RO 1:1.0~4 K.AJI AMTUO ~ ~ mm.o*(X/T FNS~/WALL ~ ALO400 'THIRD FLO~ B4JI.O-OffT S1GNAGf PLAJI TIIRD FLOOR S~.O-OiJT ~LAROfl) ~ iJO B. EVAM B_rVATIONS MECHANICAL ~ THIIO R.OOll PLAN · ILrW M)om~ ll~SO HYAC 2NO FLO011 PUUI II~BO h'VAC P',JUl TIMID FLO(XI U13.280 HYAC PLAN T~IO I~0(~ Ulq~R ~]! II~! S(:~EIXA~ NYAC PLUMBING P4.0 ~ FLOOd1 EJLt~q~ FLAIl P4.1BO SECUI~ITY VALI~ I.OCAT'IOII 1ST, 214), AND 3RD FLOMI P4390 E]LA.qOEI) ~ FIA/I ~ FLO04~ ELECTRONIC SECURITY NOTE, FIRE PROTECTION ELECTRICAL SYSTEMS OCTOOER 1~ 2003 OCTO~E~ ~, ~ Ee~l PANEL BOAffl) $C~XILES ES2 PANEL BOARO $C~I)UL~ ~ FLOOII ~ CO~dS~llON OOC:UII~]IT8 A.q~ TO BE CO011OIIATB) wrlH, Al4) ~ NAPLES JAL C~Ji'TEiq EX])ANSION PHASE (]S$~ F~BRUARY 14, 20030 AND ADM]e4JIf MO. ! GSSUED II. ARCH 14, 2003) J FEB 1 0 nmercial Concrete Systems, Inc. 0 Ta,vlor Road #101 01e~, FI 34109 ~ne: (941) 592-1101 O: Kraft Const. Inc. :tm.: ScoRWright :.~ : ($~-0722) .ax : (530-0S88) Page I . of___._3.=~ Date: 11/25/03 CHANGE PROPOSAL JOB NAME/LO,CATION: Fax: (941) $92-1103 hereby sG~mslt spetifi~atiotts and t~timal, s ~or drawings by: datcd Naples Jail Center Changes and additions to 3'~ floor additional rebar, masonry, fill cells and beams. As per new drawings. ~o Sec attached breakdown: 5¢5., qT~Z. ~0' ~ P~po~ hereby to f-umiah ma~rial aad hd~o*- complete m aocetdanc~ with ~he abo~ specifica6ons for the sum of. ~ay~nt Invoice through 25th oftbe month to be paid the following IOth of~e month E B 1 0 2004 Pg. ~ 30 S~: 30101 Form Mat. l~ft 0.00 1.250 $0.00 90.00 30102 Form Labor - Direct l~it O.OU 1.%0 $0.00 {O.O0 30103 Prep Labo! - Sabcnt. sqit 2,956.00 0.258 9739.00 30104 Place/Finish - S~b. sqit 2,956.00 O.tO0 91,I82.40 30105 Strip Labor - Direct Init O.OU 0.250 $0.00 90.00 30106 Visqle~a (per 1000') sq{t 0.00 0.025 90.00 $0,00 30107 Wire Mesh tls. 0.00 80.000 $8.00 $0.00 30108 Expansion Joint ft. 300.00 0.258 9Vg,50 $97.50 $177.00 30109 Concrete cyrd 5,599.00 5.000 929,674.70 30110 Templates/trn~t'~ ea. O.DO S.O00 90.00 90,00 30111 Concrete Pump cyrd 95.00 75.000 $,700.00 $1,415.00 $7,12H.00 30112 Chairs ea. 14.00 0.300 94.45 $4.45 30113 Rebar ft. 0,00 0.260 S0.00 $0.00 $0.00 30114 }ads sqft 9B,OO 3.H00 9363.5B $343.00 9706.5B 3011S Curbs l~ft 37.00 55.000 740.00 $1,295.00 $2,035,00 30116 Staff Cont. Sb 4' sqft 2,600.00 1.000 2,600.00 $2,600.00 $2,600.00 P~n~t?ot~l: $39~162.23 $440.S0 97~241.40 $2,600.00 $i9,444.13 FEB 1 0 2004 iisi CODE COST CODES DESCRIPTION: U/K QNTY. 40 MIIN 40101 WAll Labor-Subc~tr. blk.44,94H.O0 3.000 [~34,835.00 $134,815.00 40102 Ball Highs . Top Crs.blk. 0.00 0.000 $O.OU 40103 Reqular Block blk. 44,g{5.O0 1.350 $64,316.30 $64,316.30 40104 1/4 Block blk. 0.00 0.000 $0.00 {0. O0 40105 Floor Pro~ection ~ft40,~83.00 0,300 413,832.59 $34,34~ <5 $27,376.64 40108 Re_bar tnH 17.00 53S.080 $9,6~0,70 $9,5CC.13 ~0107 Concrete fill Voids cy ~75.08 60.000 $30,210.00 $14,25<~ ~ $14,2H0.00 $58,710.00 dUI08 E~sonry Sand !rrd. IOU.O0 21.800 $2,226.00 f2,226.00 40109 Masonry - (S~per) bags 1,OOO.OU 6.HOD $6,890.00 40110 Preca~t Sails-It' il. O.00 6.380 $0.00 $0.00 40111 Precast Sills-26.S' ~a. O.OO 7.650 $0.00 $0.00 40122 Precist Sills-3]' eA. O.HO 11.580 $0.00 $0.00 40115 PrecAst Sills-Bi' ~a. 0.00 14.250 $0.00 $0.00 ¢0114 Pr~cAst Sills-?4' ea. 0.00 20,300 $0,00 $0.00 4011H Pr~cast Sills-lO7' ia. 0.00 Z5.500 $O.OO 40126 Precast Sills-Ill' aa. O.OD RB.!O0 $0.08 $0.00 40117 Pr~cast Sills-157" ea. O.O0 35.500 $0.00 $0.00 40118 D~zA-W{I1 lnfC30,O00.O0 0.140 Si,iS2.00 40119 Clipl~ql~s blt. I~S34.00 21.000 $3Z,214.00 $32~Z14.80 40120 Pun~/Clta~-np bll.i4~ifi. O0 0,250 $11,236,25 $11,23~.2~ 40121 $cafloldig~ blI.44,~4S.00 0.508 $2Z,iV2.50 $22,472.50 40122 Lbt{l 3'0' ea. 0.00 ~,60 $0.00 40123 ~intel 3'6' ea. O.OO 11.14 $0.00 t0124 Lintel 4'6' ~a. O.O0 15.30 ~0.0~ $0.00 40125 ~intel 5'4" ea. 0.00 17.1i $0.0~ $0.00 40126 Lintel 5'20' ea. 0.00 lg.99 iO.O0 10127 Lintel 7'6" ea. 0.00 25.43 $0.0~ iO12B Linlel 9't' ea. ig. O0 33.~0 $682.75 $682.75 40129 Lintel 10'6" ea. O.OU 39.?1 $~,0~ 40130 iintel 11'0' ea. 0.00 4t.44 $0.00 $0.00 401)1 Lintel I4'0' aa, 0.00 SI.~O $O.OU $0.00 40132 Lintel 14 8ea. e~. 0.00 104.~3 $0,0~ $8.00 4~133 Lintel 17'4" ea. O.OU 121.16 $8.0~ $0.00 iO/3~ Lintel L~o]/Ftg. lnft 190.00 5,000 $9~0.00 ~50.00 48135 Ro2 M~t, Frmes ea. 76.00 308.000 $22,800.00 PhA~ $i35,785.00 $102,972.7H $408~302.14 FEB 0 2004 CODE f. iS~ COD~.S 50101 50102 50103 50104 50105 50106 50107 ?IE ~EAMS: Pl~ood qzB 3/4" shts 95.00 Clam@s ea. 31~.00 Labor c:fg 1,195.oo J-Bolts ea. 0.00 Labor - Subcontract hft 0,00 Tie Beam K~sh roll 3.DO 50108 50109 50110 50111 50112 50113 $0114 $0115 50116 50117 50118 Lintel Bangers - fop ea. 79.00 ~i~tel Hangers - B~m.ea. 79.00 Rebaz l~ft 4,000.00 {tirrQps ea. 150.00 Concrete cuyd 13.00 Truss StTaps ea. O.O0 Ha{ hft 0.00 ~enerato: loft 0.OO Cn~cz~t~ P~mp c~yd I3.00 Misc. Ear,rial aa. 0,00 Mis~, Equipment ~a. 0.00 Pba{e Total: ES?IMATED COSTS COST/UNT M~TRL. LABOR HUBCFIR?. MISC.O?HR. TOTAL 1.000 $1,032.30 $1,012.30 2~.000 $2,416.80 $2,416.80 0.100 $31.60 $31.$0 3.000 $4,660.50 $4,660.S0 0.300 $0.00 $0.00 3.500 $0,00 $0.00 10.000 $31.80 {31.80 0.0~0 $7.54 0.160 $I3.40 $13.40 0.32D $1,356.80 $1,200.00 $2,556.80 0.800 $127.20 $127.20 60,000 $825.80 $828.80 0.250 $0.00 $0.00 0.~00 $0.00 $0.00 0.100 $0.00 $0.00 I5.000 {640.00 $1~5.00 $835.00 1.000 $0.00 $0,00 1.000 $0,00 $0.00 $5,792.64 $6,500.50 $0.O0 $226.60 $I2,519.74 FEB { 0 2004 From:CONSOLIDATED 18037446093 11/24/2003 10:36 fl815 P.O01/O01 Florida Aluminum & 8reel Fabricators, Inc. CHANGE ORDER REQUEST FQR~I "PLEASE ACKNOWLEDGE WITHIN 7 DAYS" (Failure to respond within 7 days may delay completion of the requested work) DATE: November 24, 2003 TO; ~FT CONSTRUCTION CONTRACT NAME: NAPLES JAIL CONTRACT0:03-137 CHANGE REQUESTED BY: SCOTT WRIG ,Bl~. CHANGE ORDER0: ~H ONLY: EIOHT (S) STEEL PLUMBING PIPE COVERS PER REVISIONS ON THIRD FLOOR BUILD-OUT PLAN SHEET Al. 16BO ~'Id~N-ISH AND INSTALL: TWO (2) VERTICAL HOLLOW STEEL TUBES 6" X 6" X i/4" X 4'-0", PER REVISIONS ON SHEET S2.30 LABOR COST: $3~420T00 MATERIAL COST: $~t~020.00 TOTAL COST: $4,440.00 FI_,A. AL~ REPRESENTAT1XrE: ADDITIONAL TIME REQUIRED FOR CHANGE: N/A. S FIANNON SMITH ~1 I IIIIII PLEASE CONSEDER THIS AS APPROPRIATE AUTH~ATION TO E)O~CUTE! TI-tiS CHANGE AUTHORIZED BY: BION NAME AUTHORIZED BY: PRINT NAlv~ #1 Tom Rah Lane, S.W. · Crystal Industrial Park. Ft. Myers, FL 33907 (239) 936-8153 · FAX (239) 936-4594 ......... ~ UUJ. "Facsimile Transmittal KEN B U1VT O CARPENTR Y, INC. 1000-15 METRO PARKWAY Fort Myers, Florida 33912 (239} 27g-MA6 FAX {259) 278-4636 Date: To: Attn: November 9, 2003 Kraft; Construction Company, Inc. Mr. Scott Wright Assistant Project Manager Naples Jail Center (C10-01260 - 26) Proposal Request No. 4 Dear Mr. Wright: In response to the drawings and specifications of AEC National (Project No. 9819.01.5) dated October 15, 2003 pertaining to the proposed third floor build out at the above referenced project please note the following: 1, Furnish labor only for installation of plumbing riser steel covers (15-2). Seven (7) covers at $180.00 per cover ~- $1,260.00 2. Furnish labor only for installation of toilet accessories in common areas (toil~ accessories cells not included) Ninety-Three (9~ accessories at $ 45.00 per accessory sheets ¼ fire treated plywood = $ 2,351.6 , ~" ~Selftapping screws for attachment = $ 185.50 ~KenBunting Carpentry 10% profit = $ 253.71 ~Total Materials =$2,790.82 ) ~Labor (48 man hours at S45.00 per hour) = $ 2,160.00 J"~ .~ L Total Labor and Material = $ 4,950.82 ~"~/ ! FEB Furmsh and install 2x4 fu-e treated furring for 4'x 8' acoustical wall panels 3,680 lineal feet of 2x4 fire treated ~ $ 3,174.25 3/16" Tapcons for fastening = $ 593.60 Ken Bunting Carpentry 10% profit = $ 376.79 Total Materials = $ 4,144.64 Labor (226 man hours at $45.00 per hour) = $10,170.00 Personnel hoisting (mechanized or scaffold) = $ 1,500.00 Total Labor, Material and Equipment -- $15,814.64 TOTAL ADD TO EXISTING SUBCONTRACT AGREEMENT = $ 26,210.46, ~~/~~~/~~~~/~~/~~~/~~/~~~~~~~/~~/~~//~~/~/~/~~~~~~//~/~~~/~/~~/~~~~~~///~//~~/~~~~~/~~/~~~/~~/~//~~~~~~/~//~~~/~~~~/~~~/~~~//~//// Specifically excluded: Hollow metal door frames, hollow metal doors, finish hardware, signs/letters/plaques, visual display boards, cabinets/casework/shelving Should you have any questions regarding this information, please contact me at your convenience. Sincerely, Terence C. Weber Vice President / Estimator Ken Bunting Carpentry, Inc. Adams Bros. Cabinetry, Inc. 8079 Golf Course Blvd. Ptmta Gorda, FL 33982 Phone: (941) 639-7188 / Far.. (941) 575-2832 www.adamsbro.com / info~adamsbro.com CHANGE ORDER PROPOSAL ~0: FROM: Scott Wright Dan Adams / Rich Thompson COMPANY: IDAT~: Krnft Construction Co., Inc. 11/19/2003 FAX NIJMB~-R; TOTAL NO. OF PAGES INCLUDING COVERt 239-530-0388 PHONE NUMBER: JOB NAME: 239-530-0722 Naples Jail Center Change Order gl D URGENT [] FOR REVIEW NOTE S/COM'~dE N'I~; JoB NUMBER: 3545 [-] PLEiASE COMMENT [] PLEASE REPLY [] PLEASE RECYCLE Proposal Request #04 -Third Floor Buildout Nurse Station 3037: Security Office 3031: Treatment 3038: Staff Control 3009 & 3064: Base Cabinets, Solid Surface Counter, Locks Base Cabinets, Solid Surface Counters, Lap Drawers, Locks Base Cabinets, Overhead Cabinets, Solid Surface Counter 2 Desks (Plasfc Lam. Knee Wall, Base Cabinets, Solid Surface Counter, Lap Drawers) ADD $45,300.00 Please call if you have any questions or concerns. Sincerely, Dan Adams Vice President If the above terms and price are acceptable, please provide Adams Bros. Cabinetry, Inc. with Date: "Pursuin,~ Excellence in Thou;.ht and Skill." approval in writing. Authorization Signature: FEB lO 200t~ I ] R. C. E. Contractors, Inc. 11184 ProD'ess Avenue Naples, Florida 33942 1941) 6d~=f17fi8 · FAX (941) 643-6772 Proposal PHONE 530-~7~2 Napies ~ ~I C~nter-3n:l Floor Buildout JO~ LC,C~' :C N Naples 11-12-03 AI-rzN: J '1~ PHONE Scott Wr;,gnt t. Frame drop ceilings and bulkheads using 3 5/8" metal studs, 16" O.C.. ! Provide stiffback at drop ceilings exceeding 4' ia width. Stiffback to c~,::e',tst of continuous track at slab with 3 5/8' metal stud serev attached to track and drop ceiling at mid point of drop ceiling. 3. Provide 3/4" fire rated plywood at drop ceilings for security. Plywood :a ',c _~rew attached to metal studs, 4. Hang $/8" type "X" drywall at metal fmmcd bulkheads and drop ceilings ~r ~fl~ted cciling plan. Dr~all to be tape and finished to received a skip trowel texture using joint comtxmnd, 5. Prov/de 90 degree clinch on corner bend at ou~de corncr~ of bulkhead, crovide Zig-Bead at drywall where in abuts masonry walls. 6. lh'ovide kick brace's at top of masonry walls si wall partitions lype 4 pa~l',:ans only. All other angles and bracng at masom'y walls by others. PRICE: LABOR: $16,207.00 MA~5. Si6g3.00 TOTAL: $21,$90.00 EXCLUSIONS: 1. All cnulking ami insulation of any kind. 2. All angle bracing at masonry walls ~hat abut concrete flabs. 1 All exterior flaming of any kind. GENERAL CONDITIONS: Same as base bid. We Propose hereby to himish material and labor - complete in accordance with above spec~eafions, for the sum of: P,ym~t ~o be made ss l~luisifion p_,_~itted on thc 25th of thc month with payment due on or before the 15th of thc follmving month. , All msterial is ~.~u.ame~ to I~ ,, s specified, All work to be completed in a · .M3dr_,,~h'l,~ mm.r~r acx:~to fmdard pm~c~. A~y altersti~ ~x ~vlatim ~ at,,~,c R~;~:iflc~ms in.lying mara ~ will ~ ~ rely ~ wri~m ordo~ and will b~ an c~r& ~'~ m,~ and above Thc ,,,t;-,nte, /4Jl al~ ounfinjcut ulx~ ~.g~es. icdck:t~, ut ~luy~ beyend our ~L Owner to ,=~z,y F,z¢. J J-~U I U LUU% Signature Royal Marble, Inc. Kraft Constru~ion, Inc. 3305 East Tamiami Tdal Naples, FI. 34112 11/21/20O3 Re: Naples Jail Center Ph: (230) 530-0722 Fax: (239) 530-0388 Attn: Mr. Scott Wright This is to confirm our price of $10,B84. for the 3rd floor addition of ceramic tile Instatlatio per plane as specifications provided; dated 1011~/2003. Reference ti 1260.26 Prices ere baaed on the followings: Floor 2x2 (unglazed) ceramic file (Group 4), thin-sat installation and Cove Base 4 1/4 x 4 ll4(matte glazed);Marble Thresholds (White Carrara/polishe no wall tires Included. Scope: Room # 3017 M,Locker Room # 3034 Staff Toilet Room # 3069 M.Shower Room # 3070 W.Locker Room # 3071 W.Shower $ 2~939 $ 838 .$ 21084'_' $ 2,939 ,$ 2~084 ~ Labor and Materials Breakdown: Room # 3017 M.Locker Room # 3034 Staff Toilet Room # 308g M.St~ower Room # 3070 W. Locker Room # 3071 W.$hower Lai~or Materials $ 908 .$. 2,031 .$ .... 268 $ 570 $ 667 $ 1,4.1.7 $ 9o8 $ 2,o31 $ 667 $ 1~417 Cordially, Gins BeJan 0, Royal Marble, Inc. 6345 Jane~ Lane Napier, Fl. 34109 11:05 From-KRAFT PROJECT ~ANAGM~NT t-4U¢ P.UUI/UU~ ~-u~u SINCE 1946 ACOUST! o.o, C C~-C020791 -INTERIOR CONSTRUCTION SYSTEMS - CEILINGS WALLS FLOORS 3620 Work Drive. Fort Mysr~, FL 339'16 P.O. Box 2232, Fort Myers, FL. 33902 www.c3cousfl.com PH: C239} 332-1610 FAX; (23~] 832-2796 Nov~nber 19, 2003 KRA~ CONSTRUCTION COMPANY, INC. 2606 S. Horseshoe Ddve Naples, FL 34104 Attn: Bob Schubdng RE: N~Ics l~ 3~ Floor BuilGout Dear Sir or ~: In respome to your request the following are the prices for our scope of'work to complete tim third floor build-om of,he above listed project. 1. Acoustical & Sex:ur~ Ceilings. $30,327.00 2. Tectum Wall Panels. S31,689.00 3. Kcsil~ent Flooring. $12,157.00 If' you have any questions or re. quire further information, please call. Sinm~ly, ACOUglI KNGh'~~OMP~ OF FLORIDA Seaior Project Man~a- CLEAI'~VAT~r~ COCOA Fl'. MYERS GAINESVII-LE JACKSONVILLE F~NSACOLA TALLAHASSI.-'~ TAMPA WEST PALM BEACH NASHVILLE, TN CHARLO~E. NC EAI.~IGH, NC, Carnegie Associates,. Inc. dba. Horizon Sur~ac.~ Systems Po~ off~O Box 204 ~ · 01demur, Flo=~ 34~?q Memorandum TO: R eVl' ot Company: Phone: Fax: Kraft Construction Company 239-56:t-518! 239-561-5129 FROM: Date: Project: Project Site: Bid Date: George Barnes November 13, 2003 Naples 3ail Center Third Floor Buildout Naples, Florida November 13, 2003 Following is our bid to prep, by shot blasting, and install a quartz Floor System with 4' cove base.. (Approximately 1,g86 s/f with 568 I/f of base) BZD PRICE: $12,550,00 zNa. usZONS (Ha~n~Sur~_,~_Sv~m's ReS=onsibilitle"] * Supply necessary product, equipment and trained applicabors. * Field measure project and review scope with Campany Representative. * Call in any changes in job for price adjustment. (ThW iS a bid only. Wo~c ~fll be performed va09 bge issuance ora P.O. or ContraS) additlonal ins~mnm (7.e.. above $2 million) ~LG~. Included unless ~edlfcally s-gated. c~Eeff by ~e 5b~ o~ Rodda as an Th~s campany ~ a Drug-R~ W~. 09 t-:l /O0/lOO'd ZgO-I FEB 1 0 ~00~, I ;-Z4-Z003 01:37pm From-$PECTRU~ PAINTING +941 43465ZU t-zmu r-uu~/uu~ r-~ DATE: TO: ATTENTION: RE: November 21, 2003 Kraft Construction Co., Inc. Scott Wright Naples Jail Center 3rd Floor Jail Finish Out PROPOSAL We propose to furnish all labor, material, supervision and equipment necessary to complete the following Sections: PAINTING 3~ Floor Finish Out ........................ ADD .................................. Paint Detention Equipment ................ ADD .................................. Total Material and Labor ....................................................... Clarifications: 1. No Painting of interior or pre-fab cells. 2. Paint of extedor face and front side cell doors at pre-fab cells. 3. No painting of cell walls at the mech chase areas. 4. No floor sealer included. $ 89,605.00 $ 15,192.00 $104,797.00 CAULK To include: 1. Door frames. 2. Window frames. Total Material and Labor .................. ADD ............................... $ 6,971.00 AGEI~n" FEB 1 0 2004 E~E~9 HoPsesho~ Driw South · Naples. Florida ~II04-GI~E · Offic~ (E39) ~ ~ ~' '~//_ New Cons~3'ucb'on Fax (~J~) 649-0693 · R~storation Fax (E~9) 434-6'5E0 · Accounting Fax ~) 403-7JE4 ;I-24-ZD03 01:37pm From-SPECTRUM PAINTING +g41 43465Z0 I'~:U r. UU~/UU~ r-~mu Clarifications: 1. No security caulk. 2. No caulk of pre-fab cell door frames. 3. No floor or slab caulk. All work to be performed according to PDCA (Painting and Decorating Contractors of America) guidelines. SPECTRUM CONTRACTING, INC. Rich Baldi Estimator CRAFT Equipment Company CORPORATE OFFICE: 6801 Adamo Drive Tampa, Florida 33619 813 -621-4971 FAX-622-7956 TOLL FREE: 800888-4971 ESTIMATING OFFICE: 1911 43~ Street West Bradenton, Florida 34209 941 - 744-0896 FAX- 744-5606 EM~IIJ: al~craftequip.com CHANGE ORDER PROPOSAL TO: ATTN: PROJECT: LOCATION: Kraft Construction Scott Naples Jail Center (add) Naples, Collier County, Florida DATE: November 25, 2003 CHANGE ORDER: AL-0421-CO-2 Craft Equipment Company wishes to submit_ ;he t~ollowing change order proposal: NAPLES J,nH, _ THIRD (3m~) FLOOR AREA: Furnish and install VISUAL DISPLAY BOARDS by POLYVISION - NELSON ADAMS - GREENSTEEL 3ca 4'0" x 4'0" Marker boards 2'0" x 4'0" Tack boards 4'0" x 4'0" Tack boards Series 153 marker boards - aluminum l:rim with satin anodized finish P3 Cexamic steel surface ~" Particleboard core material .015" aluminum back Box tray 1" map rail Continued onto page 2 ~Ee !o 2oo~, Page 2 of 2 - Craft Equipment Continued from page 1 - visual display bom'ds - third floor area Series 153 tack boards - aluminum trim with satin anodized finish Type 2 vinyl on %" cork on 'A" hardboard $1,239.00 - material, l~bor, tax, and del/very included NOTE: Price reflects the above items being ordered, shipped, and installed at the same time as the other visual display boards for the above referenced project ADD: $375,00 to the above price if the above items must be ordered, skipped, and installed at a separate time other than when we are on site at other areas of this project. NOTE: Any item(s) not listed above is/ar~ excluded frona this proposal NOTE: All blocking and/or cutouts are to be by others. Any items requiring above ceiling supports all materials mad/or labor above ceiling is to be by others - NOTE: When we are requested to be on site for installation of our product(s) and our installer(s) arrive and the project is not ready, plea.~ be advised that additional charges will be incurred. ThLs quotation is valid for thirty (30) days, manufacturers must be contacted for any price increase which may have occurred. PLEASE sign below and return to our office, as soon as possible, so that them are no delays in ordering, shipping, and/or installing of the above referenced materials. No processing of the above can take pl~ce prior to a signed proposal being received in our office. ACCEPTANCE: TITLE: ~,~ COMPANy: DATE: FEB 1 0 2004 ~ov ~u ud u!: Ubp jorln Hose 11803 Metro Parkway, Fort Myers, Florida 33912 Phone: (239] 561-6406 Fax: [239] 561-6407 E-Mail: Sales@lmagesGS.com November 20, 2003 FAX To: Scott Wrigh~ Kraft Construction Co. Inc Fax No: 5!:0-0388 From: Bud Reed Re: Naples Iail - 3~ Ploor Buildout No. ofpage~ inch~Ling cover: 1 No. of Simms Description 45 Type K - 3" Spray Painted Cell Block Numbers 31 Type F - 5"x9' Inlay method w/Tamper Proof Screws Please call if you have any questions. Regards, Unit Price $15.00 37.42 Sub-Total Tax Installation Total Extended $ 675.00 1,160.02 $1,835.02 110.10 $2,595.12 ;I-]$-03 IB:00 FRO~-Kraft Construction Company Inc. 941-~30-B994 T-BB4 P.00Z/00Z F-ZSB MULTII,INE BUH.,DING SPECIALTIES, INC. Imwsm~ ~o Sl~C~L~l~s ] )0 S.W. 51 Street, Suite 208 Kraft Cou~trucfia~ i Date: November 18, 2003 ]'TN: i Project: Naple~ Jail Center Davie, FL 33314 Phone (954)791-1200 Fax (954)791-0206 Terms: Net 30 Day~ S~les T~: Included Estimator: Bcrm~rd D'Amour UOTE BASED TIPON: l~ittmd ss Requesled ARE PLEASED TO ~mMIT OUR QUO~ ~R T~ GOODS N~ SU~E~ ~ ~ CONDI~ON5 NO~D: '2 DE$CRIIffION I , CHANGE ORDER REQUEST: ~tdd 3rd Floor Lockers per 11/05/03 R~luest L O CKER~ .B Y I., YON' 21gE I'AL .PRODUCTS Two Tim' (12 x 18 X. 36) 7A Gauge KnockDown Lm;k=a's with Sloping Hood, Numbers, Full Lc:ng~:h Piano Hinges, and Fillcre. :, ALL cwr. OUTg & BACKIN~.G BY OTI~RS OTE VA I,! ri FOR 30 DAYS ACCE~r~ BY: Mzmri~: $~.278.00 ln~llafion: $730.00 ~c~o08. oo _ [ AGEh'~ MARDALE USA (800) 433-1485 [~] NORTHWEST FLORIDA 29656 US Hwy 19 North Ste 200 Clearwater, FL 33761 (727) 772-8099 Ofnce (727) 772.9~3o Fax PECIALTIES DIRECT, INC. www. maredaleofamerica.com email: inf. qt~mardale, ofa.modca,co_m. [] SOUTHEAST FLORIDA 3701 NE 5w Avenue R. Lauderctale, FL 33334 (954) SS3-050~ otr~ {954) ,~3-0088 Fax 1:~ SOUTHWEST FLORIDA 5738 Coq~afion Circle FL Myer& FL 33gC~ (239) 69o-tool ~ (239) 690-1002 Fax [~ NORTHEAST FLORIDA 10450 US1 NoMh, Ste. 1 St. AugusUne, FL 32O95 (9Q4} B10-g715 Oflce (904) 810-9711 Fax Attn: Scott Wright I Kraft Const Quote No: 10289 Phone: 643-6000 Date: 11/20103 Fax: 64,3-0090 Salesperson: Regina Somnson BID BASED ON INFORMATION PROVIDED BY PLANS, UNLESS OTHERWISE NOTED. IT DOES NOT GUARANTEE COMPLIANCE WITH HANDICAP CODES OR ADA REQUIREMENTS. ALL CUT OUTS AND BACKING ARE BY OTHERS. ~JOB: NAPLES JAIL 3"u FLOOR BUILDOU Ii QUOTING SAME AS IsT AND 2ND FLOORS, NO SPEC'S PROVIDED FIRE EX~__NGUISHERS BY: J. L IND..IJ. STRIES QTY Model Description (10) Cosmic 10E 10 lb. Multi-purpose Tagged Extinguishers (10) MB846 Brackets SUPPLY $ 486.00 INSTALL $ 100.00 CONDmONS: The ~ ,,nd trams on this quotation Is not ~ubje= to verbal changes or other agmernente unle~ approved by the ,~. An q~c.~a~n and ngr~ment~ are conOngnnt upon stn~es, acoUente, rims, availabil~ of marshals and mil other beymld our ~ontml. Pfl~ are bi~,G ou tests and conditJcm~ mdstlng on date o~ quotation and nm subjec{ ~ change by the 8elint besom acceptance. Typographical md etenographic errom em subJoct to cormcUoo. Condttions not speciltca~ stated heroin shall be go~ by establlahed Irade customs. Terms InconslaMnt with thoee st~tad herein which may al~mar on l:h. lrchaeer'r, fonlIM order m'N not be blndlng on the Seller. PnrlRlons and min'or~ am rn~f'abficeted ~ manufactured to ;'- -~G dimensions. Deviations from ~izes on which our quoted IXiOeS am based may result in eddlflorml materiel Dost to which cenlmotor agme~ to pay. TERMS: NET 311 DAY~. A ser~ ehaqte of 1.5% per month may be added to amounts, vd~-fl are past due. In the e~ent it becomes necessary for Selisf tD retain an attorney to cenect any ofb~e amounts ndlected ~ this contract, then Put~leser agme~ to be resmn~ble ~or aa attomen/s fees Incun~l by Seller, Including any attorneys' fees im:urr~ ~rough THIS QUOTATION IS VAUD FOR 30 DAYS, INCLUDES FREIGHT AND IS SUBJECT TO THESE CONDmONS. ACCEPTED BY: DATE: AGEN- ' i--s-f;z~ FEB 1 0 2004 ARDALE USA (800) 433-1485 ~ NORTHWEST FLORIDA 29656 US ~ 19 No~ Ste 200 C~anvater, FL 33761 (727) 772-8099 (727) 772.9630 Fax PECIALTiE$ DIRECT, INC. www.maredaleofamerlca.com email: info~marc[aleofam.erica.c~.rn. SOUTHEAST FLORIDA 3701 NE 5a Avenue FL Lauderdale, FL 33334 (954) 563-0088 Fax Attn: Scott Wright I Kraft Const [] SOUTHWEST FLORIDA 573~ ~n Ft. Myers, FL 33905 (23g} 690-1001 ~ (23.~) 690.1002 Fax [] NORTHEAST FLORIDA 10450 US1 Norlh, Ste. 1 St. Augustine, FL 32095 (~34) 81O9713 ~ (904) 810-9711 Fax Quo[e No: 10289 Phone: 643-6000 Date: 11/20103 Fax: 643-0090 Salespemon: Regina 8orenson BID BASED ON INFORMATION PROVIDED BY PLANS, UNLESS OTHERWISE NOTED. IT DOES NOT GUARANTEE COMPLIANCE WITH HANDICAP CODES OR ADA REQUIREMENTS. ALL CUT OUTS ANO BACKING ARE BY OTHERS. ~JOB: NAPLES JAIL 3"~ FLOOR BUILDOU Ij QUOTING SAME AS IsT AND 2"= FLOORS. NO SPEC'S PROVIDED NOT QUOTING ACCESSORIES IN THE SECURE AREAS TOILET. ACCESSORIES BY:_BOBRICK QTY Model (05) 262 (05) 4112 (O5) 165 (03) 6806 (03) 6806 (07) 7685 (04) 8215-4 Description Paper Towel Oispenser Wall Mounted Soap Dispenser 18' x 30" Flat Framed Mirror 36" Grab Bar 42" Grab Bar Toilet Tissue Dispenser Mop & Broom Holder (ASI) SUPPLY $1,152.00 INSTALL $ 320.00 CONDITIONS: The prices and terms on this qu~,;On is no~ subject to ~wbal al'ranges or Other agree~ente unle~ ~ol:m~ed by the Se~r. Ail qu~etton and agreemente .~e ¢onlJnge~ upon strikes, m=cklent~, ~re~, avallebi~ of maim'mb and all olher ¢=mmes beyond our control. Pric~ are b~---..~ an ~ afld condRiens mdstlrtg on data of quot~k:m and am subject to change by the seller belom acceptenoe. Typograptlle, al and al~nographi¢ emml are subject t~ co~eetlon- Conditions not ~,:ffically sta~d, hem~ shall be governed by established trade costoms. Tem~s incormletant wilh ~ stated Iml~in which may appeal* an Punt's l~rm.l onJef will not be binding on the Seller. Paffitions and mitToes am pmfab~ Items manufactured to fixed I:~klmasions. De~lafltx~ from ~ on which ~J~ quoted ~ am based may result In adc~'~.-~l mMelfal cost tn which oofgractar agrees te pay. TERMS: NET 30 DAYS. A sewice cha~ge of 1.5% per month m~y be added to amounts, ~ am past du~. In the event it becnmes _nee~___~y for Seller t= r~ain an attorney ~ collect any of Ihe amcmnts r~ected by thl~ cenlm~, then Pumhsee~ egmea to t=e regpo~sble for till mltorrmy's fees i~cun~l by Seller, Including any attonm~' rims iflcurmd Ihrough Appeal. THIS QUOTATION LR VAUD FOR 30 DAYS, INCLUDES FREIGHT AND iS SUBJECT TO THESE CONDITIONS. BY: DATE: . . ~ ~C;,,n= ACCEPTED ~ No./__[~)~ i F E B 12/03/2003 09:37 D.,'~o blLnhe~, 7273271942 PAUL/ .:L BLDG CO PAGE PAULY 3ATL BUILDING CO., THC. 01/21 P~uly 3ail Buildin~ Co. 40~0 East 96~ Strut, Suit~ # 170 Indianapolis, 1~ 46240 Ph. #317-580-0833 Fax~t317-705-2092 or 317-$80-0857 Sat~JIIl~ Office FL Pauly Jail BuildJ~ Co. 2521 52~ Strut St. P~mbu~, ~ ~797 ~. a727-327-1931 Fax ~727-327-1~2 Satellite Office MO Pauly Jail Building Co. 12.32 3ungm3nann Rd. St. Petem, HO 63376 Ph. #636-922-3975 Fax #G36-922-9605 December 2, 2003 Mr. Scott Wright Kraft Construction 3305 Tamiami Trail East Naples, FL 34112 3r~ Floor Build-Out Naples Jail Center PJ Job #340 Dear Scott, Per your request, please find a more detailed explanation of our proposal for the 3"~ floor build out at the Naples ]ail Center: Our bid now includes all of the items per our attached 5cope letter which included all of me build out materials for 3 of the pods, ident~al to Re 2~d floor. ]:t also includes the 42 steel cells, mezzanines, stairs, handrails, and the additional security controls as required to operate the additional doom. Our odginal bid day quote to build out the 3~ floor ~hell was t~ duplicate the 2m floor. Our price for that work was $1,153,000.00 (see attached bid form). Our budget pdoe for the 42 cells in lieu of one of the dorm pods was $995,000.00. So actually our previous bid and budget for the 34 floor build out and cells was $2,148,000.00 and now it is $1,855,000.00. Please review the attached information, and advise us if you have any further questions. R.lP/kas Sinc~ly, Pauly Jail Building Company, Inc. Pauly Jail Building Co. (Hain Office) 4000 East 96~ Street, Suite # ]70 Indianapolis, IN 46240 Ph. #317-580-0833 Fax # 3z7-.~ao-oss7 Pauly .1ail Building Co. 2521 52~ Street South St. Petersburg, FL 33707 Ph. #727-327-1931 Fax #727-327-1972 Pauly .]ail Building Co. 1232 .]ungerrnann Rd. St. Peters, MO 63376 Ph. #636-922-3975 Fax #636-922-9605 November 19, 2003 Kraft Construction Company Attn: Bob Shubdng 3305 Tamiami Trail East Naples, FL 34112 RE: 3~d Floor Build-out Naples Jail Center Dear Bob, Please find listed below our proposed scope of work based on the plans and specifications as prepared by AEC National. Item h Division 8 - Doors and Windows: A. Section 08111 - Doors and Windows · All standard and security hollow metal doors will be delivered and installed by Pauly Jail. item Ih Qty ea. Description 19 Standard holiday metal doom 32 Security hollow metal doors Standard/Security Frames: All standard and security hollow metal door frames, borrow lites, and specials will be delivered onl~ to be installed by olhers. Qty ea. Description 10 Standard hollow metal door frames 8 standard hollow metal door frames with sid~l'ites 3 Standard hollow metal window frames 27 Security hollow metal door frames 5 Security ho,ow metal door fram-es with sidelites ' ' 22 Security hollow metal window frames FEB 1 0 200t RE: 3'~ Floor Build-out - Naples -Jail Center, Collier Co. It_em !11: Section 08710 - Door Hardware 1. All hardware, as listed in the quantity of sets below, will be delivered and installed complete by Pauly Jail. 2, We have included the maintenance demonstration for the hardware in our bid, as per Section 08710, page 16. 3. We have included all required keys and keying, as per Section 08710, pages 14 and 15. 4. We have included the 5-year warranty in our bid, as per Section 08710, page 3. 5. We have included the extra materials in our bid, as per Section 08710, page 3. L 9 1 Builders Hardware Sets Description Sets BO 1 Sets BO2 Sets BO4 Set B12 11 6 7 2 5 Security Hardware Sets Description Sets 801 Set S03A Sets S04 Sets S05 Sets SO?' Sets S08 Sets SOSA Sets S 11 Item IV: Detention E~uip, ment, · Pauly Jail will deliver and install the following detention equipment items. Pauly Jail .~co~ of Wor~ RE: 3r~ Floor Guild-out - Naples _~ail Center, Collier Co. 9 276 4 Description Floor mount double bunk with ladder -8-man picnic style table Television shelf 8'0" floor mounted bench Large security mirror Norix property storage boxes with rails and rocking hasps Norix 4-seat telephone kiosk lz/[9/03 Item. V: Section 11198 - Manufactured S~el Detention Cells: 1. Pauly Jail will deliver and install 42 each rear chase cells. 2. We have excluded any security sealants or caulking from this bid. 3. Ail of the steel detention cells will include the following materials, installed at the manufacturers plant: Qty ea. 1 1 32 1 2 1 1 Description 12 ga. security hollow metal door frames 12 ga. secunty hollow metal door with a 5"xl 2" opening with security glass 12 ga_ secudty hollow metal window with security glazing Complete mezzanine and stair system for access to the cells Shelf and hook Bunk wall mounted Cell desk with two seats Mirror Cell plumbing fixture Surface mounted light fixture The interior of the cell will be completely painted with the polyurea paint system. The exterior of the cell will be pdmed only to be finish painted by others. The mezzanine, stairs and handrails will be prime painted only to be finish painted by others. Pauly Jail $¢ope of Work FEB 1 0 : 004 J RE: 3~ FE)or Build-out - Naples ,3ail Center, Collier Co. 11/19/03 Item VI: Division 17' - Security Controls,- A. Sections 17000, 17020, 17100, 17200, 17300, 17400, 17500, 17800 and 17900 are included in this scope of work. B. We have included all on-site validation and training, C. We have included a 1-year warranty on this material. D. We have specifically excluded all conduit, wire, power termination and installation of the same. This work is to be part of the electrical contractors scope of work. All of the above rnaterfal and labor listed above may be purchased for the sum of $1,85s, ooo.0o If the county chooses to write direct purchase orders, they may deduct $71,781.00 from our bid. The pdor budgets which we had submitted totaled $1,860.000, and in this bid we have included the mezzanine, stairs, and handrails as well. Please review our scope of work carefully, with our general notes attached, and advise us if you have any questions. Sincerely, PAULY J.AIL BUIM31N6 COMPANY, INC. C.E.O. RJP/ks Pauly .Xai/.~ope of Fork FEB 1 0 2004 November 20, 2003 COASTAL FIRE PROTECTION FiRE SPRINKLER CONTRACTORS AND DESIGNERS Scott Wright Kraft Construction Company, Inc. 2606 S. Horseshoe Drive Naples, Fl. 34104 RE: Collier County Jail- Expansion and Renovation 'l'hird Floor Addition CHANGE ORDER # 001 Dear Mr. Wright SCOPE: Revise thc sprinkler system on the third floor for the new floor layout and changes. 'FOTAL ADDITIONAL COST FOR THIRD FLOOR CHANGES ....................... $53,143.00 Please adjust your records to reflect this change. Please call if you have any questions. Since:rely Richard Pulizzi President ACCEPTED BY Date · HVAC ® PLUMBING · COMMERCIAL · INSTITUTIONAL · SERVICE · Metro RFCO#650.19 systems, inc November 12, 2003 Scott Wdght Kraft Construction 2606 S. Horseshoe Ddve Naples, Florida 34104 Ph(239)530-0722 Fax(239)530-0388 RE: NAPLES JAIL CENTER - NAPLES, FLORIDA REVISIONS TO THIRD FLOOR BUILD-OUT ( ?LANS DATED OCT, 15, 2003) We are pleased to quote the additional plumbing on ~i-~ above referenced project. Our pdce includes labor and materials. SUPPLY LABOR AND MATERIALS TO PR©VIDE THIRD FLOOR BUILD-OUT TO INCLUDE REVISED PLANS DATED OCT©SER 15, 2003 FOR NAPLES JAIL. TOTAL PRICE ....................................................................................... $ 349,760.00 NOTATIONS: 1. Mccutor patch 2. Nc cond3ns:te 3. Matedal will not be ordered and labor will not begin until receipt of a signed copy of this proposal. 4. Thrcc (3) mcnth contract extension required due to additional work -- 5. Control systems by others 6. Electrical widng by others 9. Pre-fabricated cell/cell fixture supplied & installed Oy others Please contact me if you have any questions. Respectfully, William R. Tucker President WRTlag Copy: File, PM, Acct'g ,Accepted By Date 12120 Metro Parkway · Fort Myers, Florida 33912 FEB 1 O 2004 Phone 239.275.5325 · Main Fax 239.275.3352 · Estimating Fax 239.768.6979 · metromsi.com ~PLES JAIL-KRAFT At: 5300388 GrOul Inc. III I I Proposa! Nov~cnber).~, ).0133 Kraft ConstrtJ~on 3305 E. Tarniami Trail r4al~es, FL. 3at112 NapleS Jail Center Expansiorl Plqase-Thin:l Floor Build Out Oear We are please to 5~bmit for your con.sideraticm the following propo~l for the bund out of the third floor of the E. xpansk~ Phase per the revised drawings dated October 15, 2003 and as slipulated herein. Controls by ~r. Test and Balance by Owner Contractual ob~gations per base contact Mate~al $ lg8,422.00 Labor ~; 131,&01.00 ~ub-(otal $ 330,223.00 10% Mark-up $ 33,022.00 Total Cost $ 363,24~.00 ~hould you have any ques~ons or mquir~ any addftional information, pie~e oontac~ me at my of~r.e at. your convenience. Estimating Page Mechanical Group, Inc. 1087g Metro Parkway Ft. Myers. I=L. 33012 CMC056850 Tel: 23g-275-44D8 Fmc 23~-275-6635 Naples 566-8252 CAC057834 CFCO42950 No./ ! FEB 1 O dI~HN$ON L----'ONTRI~L$ Fax Transmittal Johnson Controls, Inc. 3802 Sugar Palm Drive Tampa, Florida 33619-137{~ Tel. (8i 3) 63.5-2248 FAX (813)635-2276 To: Scott Wright Kraft Construction Fax: 239-530-0388 Ref: Collier County - Jail Date: 11/19/03 Time: From: Briar] Schlander We are transmitting Message: 5 pages (including cover). Scott: PHce for 3rd floor buildout - DDC Systems & Fire Alarm Systems Please let me know if you havc any qucstions. Brian Schlandcr Project Managcr FEB 10 2aOq i d HN$ON CONTR. L$ PROPOSAL Jolmson Controls, [no. Controls Group 3802 Sugar Palm Dr. Tampa, FL. 33619 Tel. (gla) 623-1 Fax (813) 635-2276 Kraft Construction 3305 E. Tamiami Trail Naples. FI 34112 Attn.: ,?)cott Wright November 18, 2003 Project: Collier County - Naples Jail 3r~ Floor Build.out - Kraft ref®renee # 1260-26 Included: Johnson Controls will provid~ engineered submittals, installation, materials, and syst~ma validation per plans and specifications, and Architect's Proposal Request No. 4 - Third Floor Buildout (Plans &Spccs. dated 10/15/03). Specific items include for: HVAC Direct Digital Controls for: Electric Rcheat Control (Qty. 12) * Control componenta, enclom~rcs, power suppli~ and all rquimd equipment - Space Temperature or Return Air Duct Temperature as required Install conduit in the walls for space thermostats · Exhaust Fan Controls and Interlocks (Qty. 2) * Installation, programming, and commissioning Ail exposed wiring shall be in conduit. All concealed accessible wixing shall bo in plenum rated cable. Conduit and wiring provided axed in~tallcd by Johnson Controls, * HVAC Operator Workstation - update existing Workstation in Building · Required peru-fits Building "J" Expansion 3ra Floor Build-out HVAC price ...................... $ 20,155.00 Fire Alarm: Provision and installation of Fire Alarm wiring and irc alarm devices. Conduit provided by Div. 16 Fire Alarm · (28) Horn/Strobes · (5) Strobe only · (8) Ceiling Smoke Detectors · (21) Duct Smoke Detectors · (7) Heat Detector5 (2) Control modules for door release · Pull Statiorm JOHNSON CON-I-KOLS o (2) Remote Power Panels · (2) NAC panels · Installation, programming, and commissioaing · Fire Alarm Operator Workstation - update existing Workstation in Building "W" o Fkc Alarm Operator Workstation in thc Expansion Phase - update existing Workstation · Required permits Building "J" Expansion 3ra Floor Build-out Fire Alarm price ...................... $ 38,407.00 Sccurit'y System: · NO SEC;UKITY PROXfIDED FOR 3~' FLOOR BUILD-OUT Clarifications: · Fire, Fire/Smoke Dampers and associated damper end switches supplied by Mechanical Contractor. o JCI will provide Powex to its Controls and Controllm-s fi-om a Div. 16 supplied CixcuiI Breaker. · All AHU's Dampers are responsibility of AHU Supplier. o JCI will install Fire Alarm wiring in Div. 16 supplied conduit Not Included: · Payment or Performance Bonds · Installation of Valves, Dampers or other in-line devices. · Overtime Labor - Starters, Speed drives, disconnects or thc-ir installation · Speed drives start-up and warranties · Access doors and/or panels · Flow measunng Venturis · Door hardwarc powex releases for door holdc-r~ · Fire Alarm conduit and back boxe~. (Provided by Div. 16) Thi,~ proposal ia valid for 30 day~. Sine, rarely, JOHNSON C0N'rI~0LS, IlqC. [-lt/n~ Sct~f'ander / Project Manager This proposal is hereby accepted and Johason Controls is authorized to proceed w~th work; subject, however, to credit approval by Johnson Control.q, hae. Cu.~tomer's S {gnat'~re 1/19/2003 WED 12:28 FAX 8136352276 johnson controls tampa Johnson Controls Inc. Change Order Summary Project: ContrGct No. I~uo~e NO. Description of chsnge; Collier C~unty Jail 30zt3-0061 3043-0061-11-19-03 3rd Floor Buildout- DDC Controls Systems John~3n Controls Material Material Warranty Tax Freight Charges Total Johnson Controls Material Coot Outside Purchased Material or Equipment Labor List Less @ 4.0,/. @ 7.o% 50% $ 4,714.00 $ 188.56 $ 329,98 $ 214,00 5,440.54 Direct Johnaon Controls Labor Mechanical Electrical Engineedng Commissioning Proje~ Mangement Total Johnson Controls Labor 0 Hours 0 Hours 10 Hours 32 Hours 8 Hours $ $ $ 78.00 $ 92.00 w/Burden w/Burden w/Burden w/Burde~ w/Burden 1,248.00 7_,112.O0 736,00 $ 4,096.00 Subcontracts Electrical Mecrlanical Other Total SUbCOntractor Cost Mileage & mlsc tools Margins Regal Electric 8.058.00 - - $ 8,058.00 $ 722.88 Johnson Confl-ols Material Outside Purchased Material or Equipment Johnson Controls Direct Labor General Conditions and Special Conditions Subcontractors Ove~ead 0% 0% 0% O% 0% Profit 10% 10% 10% 10% 10% $ 544.65 $. $ 409,60 $ 72.29 $ 805.80 Subtotal Less Bond $ 20,155.76 E~ond Total Amount of Change $ 20.155.76 11-18-03 3rd floor DDC price breakdown.xls Page I FEB 1 0 2004 1/19/2003 II'ED 12'29 FAX 8136352276 johnson controls t~mpa ~005/005 Johnson Controls Inc. Change Order Summary Project: Collier County Jail Contract No. C~uote NO. 3043-0061-11-1 g-03 Description of change: 3rd Floor Bulldout - Fire Alarm Johnson Controls Material Material Warranty Tax Freight Charcjee List Le=~ 4.0% 7.0% Total Johnson Controls Material Cost $10,655,00 426.20 745.85 533.00 $12,360.05 Outside Purchae, ed Matedal or Equipment Labor Direct Johnson Controls Labor Mechanical Electrical Engin~ring Commissioning Project Mangement Total Johnson Controls Labor 0 0 32 128 Hour5 ~ Hours ~, Hours Hours ~ 78.00 56.00 9Z,O0 w/Bur(~en wflgurden w/Burden w/Burden w/Burden 2,496.00 8,4~,&.00 1,472.00 2,416.00 Subcontracts Eleculcal Meclaanical Omar Total Subcontr'dctor Cost Mileage &misc tools Margins Regal Electnc $ 9,367.00 $ - $ - $ 9,367.00 $ 772.48 Johnson Controls Material Outside Purchased Material or Equipment Johnson Controls Direct Labor General Conditions and Special Conditions Subcontractors Overhead 0% 0% 0% 0% O% Profit .10% 10% 10% 10% 10% 1,236.01 - 1,241.60 77.25 936.70 Subtotal Less Bond $ 38,407,08 Bond Total Amount of Change 38.407.08 11-18-03 3rd floor FAS price breakdown.xls Page B 1 O Aneco Electrical Conslmclion Inc. Metro Commerce Center 11220 Melro Parkway, Suite 17 FI. Myers, FL. 33912 Tel 239 275-8558 Fax 239 275-8668 ftmyers~a necoillc,com November 24, 2003 Attention: Project: Subject: Dear Scott, Kraft Construction Company, Inc. 2606 S. Horseshoe Dr. Naples, FL 34104 Mr. Scott Wright Naples Jail (30112) 3rd Floor Build Out After reviewing the drawings, Aneco can confirm our expansion alternate price for the 3~a floor build out in the amoum of $238,000.00. In addition to this amount, for the extra work required by the prefab steel cells, we require $63,000.00 which is the originally budgeted mount of $1,500.00 per cell (42 cells). Total for the 3~ floor build out is $301,000.00. Sincerely, Aneco Electrical Construction, Inc. Sean Flannery Project Manager cc:file Specialty Contracts & Services Electrical Construction Commun/cation & Data Services CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Naples Jail PROJECT#: 52008 BID/RFP #: 99-2829 MOD #: 10 .AMOUNT OF THIS CHANGE $4,635,152.00 PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,914,672.41 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $29,397,115.70 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approvalg/9/03 Agenda Item # 16 F 1, Percentage of the change over/under current contract amount 1.82 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6/13/05 SUMMARY OF PROPOSED CHANGE (S): This is for the construction of the third floor build-out and the chiller plant expansion of the Naples Jail. JUSTIFICATION FOR CHANGE (S): The build-out of the third floor shell was not included in the original contract, but it was slated in Agenda item 10 G, dated June, 24, 2003 that the GMP would be adjusted at a later date by Change Order when the design of third floor build-out was completed. Construction cost is 4,413,390. The upgrade of the central Chiller Plant was not included in Kraft's original contract because it was undecided, at that time, what other buildings would be coming on line affecting the volume of air required and the size of the chiller plant. Construction cost is $221,762. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y__ Proposed change is consistent with the scope of the existing agreement Y__ Proposed change is in fact an addition or deletion to the existing scope Y__ Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y-- Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA/~ E R~ ECO M M E/NJ)ATIO N: APPROVE: DISAPPROy~: COMME~ Date: Date: REVISED 9/9/03 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER A REQUEST FROM THE VANDERBILT BEACH BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE TO PARTNER WITH THE M.S.T.U. IN THE DEVELOPMENT OF A MASTER PLAN AT A COST OF ONE-HALF OF THE TOTAL COST OF THE MASTER PLAN AT AN AMOUNT NOT TO EXCEED $40,000.00. OBJECTIVE: For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to parmer with the M.S.T.U. in . the development of a Master Plan at a cost of one-half of the total cost of the Master Plan, at an amount not to exceed $40,000.00. CONSIDERATION: Currently the Vanderbilt Beach Beautification M.S.T.U. has a contract with Wilson Miller in the amount of $72,690.00 for the development of a Master Plan. This Master Plan includes bu~'ing utility lines, constructing sidewalks and pathways, installing streetlights, installing landscape and constructing traffic calming devices. All of these improvements are designed to increase the quality of life as well as enhancing property values. The Vanderbilt Beach Beautification MSTU requests that the Board of County Commissioners consider funding rift3' percent of their Master Plan development costs. FISCAL IMPACT: Funds are not currently budgeted for this expense and the MSTU was cstablished to address improvements to enhance the area. GROWTH MANAGEMENT IMPACT: No Impact to Growth Management. RECOMMENDATION: That the Board decided whether to fund the request of the Vanderbilt Beach Beautification M.S.T.U. for the Board to fund fifty percent of the Master Plan cost in an amount not to exceed $40,000.00 and, if so, to provide the funds, staffing, and any required budget amendment (s). Depending upon recommendations resulting from the Master Plan, the County may be requested, without available resources and priority to fund some of the improvements. Such a role might be more appropriate than the sharing of costs for the Master Plan development that should be developed and endorsed by the property owners within the M.S.T.U. boundaries. r/l : ~.'~- ._.,' 'x.f -',;.'V :, i . PREPARED BY: ' ~'"" ~: ¢' 'X~" Date. ]3oi> ~.~t 'rrs.'~n, Project Manager, Traffic Ope'-~-~ations & ATM De)partn~ent/ REVIEWED BY: ] 0 ...... / Diane Flagg, Director, Traffic Operations & ATM Departme/nt- APPROVED BY: Date: Norman E. Feder, AICP, Transportation Administrator WORK ORDER,5 TLO-%VMI-04-01 ' <~ g~4/ Agreement for Fixed Term Professional Landscape Archite~:;::-~l '~crvices Dated April 24, 2001 (Contract #00-3131) This Work Order is for Professional Landscape Architec:ural Services for Proiect: Provide professional services for the VanderbiIt Beach Beautific~t:: . The work is specified in the proposal dated :0/'3,'03= which is attached this Work Order. In accordance with the Terms and Conditions of above, Work Order # TLO-WMI-04o01 is assigned to Wilson Miller Inc. Scope of Work: As detailed in the attached proposal and the following: · I Overview o 1.1 Wilson Miller Inc. has been selected to render Master Collier County Transportation Department for the Vanderbilt Master Plan. >The Project includes approximately 4.8 miles of roadways . Drive, Vanderbilt Beach Road, Gulf Shore Drive and of the MSTU District are shown on Exhibit A. The Project : as design of streetscape improvements including elements bikeways, sidewalks, street !ighting, burial of overhead monuments, landscape and street furnishings. o The Project will be funded primarily through the VBB subject to review and approval by the VBB MSTU Adviser-. Client. This Work Authorization will be administered under the Professional Landscape Architectural Services. Schedule of Work: Complete work within !8.0 days from receipt authorizing start of work. part of · ~utification Vaoderbilt The limits described :ftc calming, ::2es, entry will be and the cement for Proceed Compensation: In accordance with Article Five of the Agreement, the "- the Firm in accordance with the negotiated lump sum amount indicated in ' - a task is time and material, so indicate and use the established hourly fa!: Schedule "A" of the Agreement). ~ belo~v (if ' ~'::erated in fask 2.1: Existing roadway record drawings/as-built drawings ?rincipabSenior Transportation Engineer 4 hrs..~. S100/hr. Principal/Senior Landscape Architect 4 h."s. ~ $100/hr. Landscape Architect 4 hrs~ :~ S 70/hr ACAD/Computer Technician S hrs. ~ $ 50/hr. Total Data Gathering & Analysis · Review and evaluate the fo[lowing information provide,. $40n.,: ' $400.:, $2S9 hrs. ~ $100/hr. hrs. '~ $100/hr. hrs. ~, $ 70/hr. $710.i!,~ Bicycle and pedestrian ,:rash data Principal/Senior Planner Principal/Senior Transportation Engineer Landscape A. rchitect total 4 hrs. ~ $1OO,'hr. S490 00 $400.00 Traffic volume & speed survey data Principal/Senior Transportation Engineer Total :ntersection geometries for the four (4) major intersection-, Principal/Sen/or Transportation Engineer 4 hrs. ~'~ $100/hr. Total T_..urnin~: movement counts at the four (4) maior intersections PrincipaL/Sen/or Transportation Engineer 12 hrs. ~ $100,'hr. Total $400.3¢ $400.00 $1.20003 $1,200.00 ~rexious beautification plans and/or other relevant studiex Principal/Senior Planner 2 hrs. ~, $100/hr. $200.00 PrincipaUSenior Landscape Architect 4 hrs. ~, $10O/hr. $400.00 Total 5600.00 hrs. ~ $100/hr. $800.00 hrs. ~ $100/hr. $400.0,') hrs. ~ $ 70,'hr. $140.00 9nzoing transportation olans Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect H:',lTmffie Ops-ATM D~pt'~Landscape Dccs'..Work O~¢rs..WO - TLC-.VMI-.)4-0i dec ~(3ENDA_. _rl~M.--. I FEB 10 200 Total $1,340.00 Total · Conduct traffic counts at four (4) intersections ($300.00 each? $1,200.00 r Compile existing relevant maps, aerials & photo£~aph., Principal/Seal Planner 4 hrs. ~ $100/hr. Principal/Senior Transportation Engineer 4 hrs. ~ $100/hr. $400.00 Principal/Senior Landscape Architect 4 hrs. ~,~ S100/hr. $400.00 Landscape Architect 4 hrs. :~ $ 70/hr. $280.00 ACAD/Computer Technician $ hrs..~ $ 50/hr. $400.00 Total $1,880.00 Principal/Seailr Identify & dpcument existing street furniture, signage & landscape treatment,, Landscape Architect 4 hrs. ,~ $100/hr. $400.00 Landscape Architect 4 hrs. ,~ $ 70/hr. $280.00 ACAD/Computer Technician 4 hrs. ~ $ 50/hr. Total Prineipal/Senio*r Coordinate with FPL rep,esentativa Landscape Architect 2 hrs. @ $IO0,"hr. Landscape Architect 4 hrs. ~ $ 70.'hr. Total $200.00 $880.00 $200.00 $280.00 $480.00 · Prepare base data for master plannin~ Principal/Senior Planner 4 hrs. ~ $100/hr. $4,)0.00 Principal/Sen/or Transportation Engineer 4 hrs. ~ $t00.hr. $400.00 Principal/Senior Landscape Architect !2 hrs. ;~ $100/hr. $1,20000 Landscape Architect $ hrs. ~ $ 70. hr. $550.00 ACAD/Computer Technician 60 hrs. i,~ $ 50 hr. $3,000.00 Total $5,560.00 Jr Site opportunities and constraints summary Principal/Sen/ Planner 4 hrs. ~ $100/hr. $400.00 Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Computer Technician Total PrincipaI,.Seni~r P,ess re/eas~ Planner Total Task 2.2: ,4dditionai Data Collection None noted 4 hrs, ~ $100/hr. $400.00 $ hrs. ,~ $I00ihr. $800.00 :6 hrs. ~ $ 70,hr. $1,!20.00 20 hrs. ~ S 50, hr. $1,000.30 $3,720.OO 4 hrs. ~ S100/hr. S400 O0 5400.00 Subtotal Task 2.1: $20,250.00 Subtotal Task 2.2: Task 2.3: Preliminary Plans · PrePare conceptual alternatives Principal/Senior Planner 16 hrs. ~ $100/hr. $1,600.00 Principal;Senior Transportation Engineer 16 hrs. '~ $I00:hr. $1,600.00 Principal/.Senior Landscape Architect 24 hrs. ~ $10&hr. $2,400.00 Landscape Architect 30 hrs. ,~ $ 70/hr. $2,100.00 ACAD/Computer Technician 40 hrs. :~_, $ 50/hr. $2,000.00 Total $9,700.00 Order of magnitude opinion of costs Princlpal/Seni r Transportation Engineer 2 hrs. :~ $100/hr. $200.00 Principal/Senior Landscape Architect 16 hrs. '~ $100/hr. $I,600.00 Landscape Architect 50 hrs. @ $ 70/hr. $2,100.00 ACAD/ComputerTechnician 8 hrs. ~, $ 50;hr. $400.00 Administrative Assistant g hrs. @ $ 40, hr. $320.00 Total $4,620.00 o*r Organize and facilitate one (1) Principal/Seal Planner 16 Principal/Senior Transportation Engineer 6 Principal/Senior Landscape Architect g Landscape Architect S hrs. ,~ $ 70/hr. ACAD/Computer Technician 12 hrs. r~ $ 50/hr. ~ ~1 Traffic Ops-ATM Dept LandSc~l*e DocsxWork Orders,WO. TLO-'?, ,%f 1-04-,31 .doe community workshop hrs. @ $100/hr. $1,600.00 hrs. ,~ $100/hr. $600.00 hrs. ~ $100/hr. $800.00 $560.00 5600.00 $0.00 Page 2 AGENDA.ITE .---., No .... _ FEB 1 0 2004 Pg. 3 Administrative Assistant 4 Ers. ~, 5 40/hr. $160.00 Total $4,320.00 Subtotal Task 2.3: Task 2.4: Consensus Plan · Summarize comments and ~repare consensus plan PrincipaL/Senior Planner 4 hrs. ~ $100/hr. 5400,00 Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Computer Technician Administrative Assistant Total · Preliminary phasing plan Principal/Senior Planner Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Computer Technician Total 4 hrs. ~ 5100/hr. $400.00 I2 hrs. @ $100/hr. $I,200.00 12 hrs. ~ $ 70/hr. $g40.00 8 hrs. ~ $ 50/hr. $400.00 4 hrs. ~ $ 40/hr. 5160.00 53,400.00 hrs. t~ $100/hr. $200.00 hrs. ~ $100/hr. $200.00 hrs. ~ $100/hr. $600.00 hrs. (~ 5 70/hr. $560.00 hrs. ~ $ 50/hr. $400.00 $1,960.00 · ,_Meet with client and committee Principal/Senior Planner a hrs. ,~, $100thr. Principal/Senior Transportation Engineer 4 hrs. ~ $100/hr. Principal/Senior Landscape Architect 4 hrs. ~ $100/hr. Total Task 2.5: Final 3faster Plan · Prepare final master plan Principal/Senior Planner Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Computer Technician Total · Conceptual opinion of cost Principal;Sen/or Planner Principal.. Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Computer Technician Administrative Assistant Total · Phasing plan Principal,. Senior Planner Principal/Senior Transportation Engineer PrincipaUSenior Landscape Architect Landscape Architect ACAD/Computer Technician total · Master plan report Principal/Senior Planner Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Computer Technician Administrative Assistant Total · Present final master plan to Principal/Senior Planner Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Computer Technician Administrative Assistant $400.00 $400.00 $400.00 $1,200.00 ~ubtotal Task 2.4: 6 hrs. ~ $100/hr. $600.00 !6 hrs. @ $100/hr. $1,600.00 24 hrs. @ $100/hr.$2,400.00 30 hrs. ~ $ 70/hr. 52,I00.00 x0 hrs. ~ $ 56/hr.$2,000.00 $8,700.00 2 hrs. (~ $100/hr. $200.00 4 hrs. ~ $I00/hr. $400.00 !2 hrs. ~ $100/hr. $1,200.00 12 hrs. ,~ $ 70/!xr. $840.00 $ hrs. '9 $ 50/hr. $400.00 :~ hrs. ~ $ 40/hr. $320.00 $3,360.00 4 hrs. ~ $100/hr. $400.00 4 hrs. ~ $100/hr. $400.00 g hrs. ,~ 5100/hr. $800.00 5 hrs. ,~ 5 70/hr. $560.00 12 hrs. ~ $ 50/hr. $600.00 $2,760.00 ~ hrs. ~ $100/hr. $800.00 6 hrs. :~ $100/hr. $600.00 12 hrs. ~ $100/hr. $1,200.00 8 hrs. ~ $ 70/hr. $560.00 12 hrs. ,~ $ 50/hr. $600.00 16 hrs..~ $ 40/hr. $640.00 $4,400.00 committee & MSTU community 16 hrs. ~ $100/hr. $1,600.00 5 hrs. ,~ $100/hr. $600.00 g hrs. ~ $100/hr. $$00.00 8 hrs. i~ $ 70/hr. 5560.00 12 hrs. ~'~ $ 50/hr. $600.00 4 hrs. t~ $ 40,:hr. $160.00 HA;Traffic Ops-ATM D~"pt~,i.anclscap¢ DocsWqork Orders,,WO. TLO-WTdI-04-01 .dcc~ $18.640.00 $6~560.00 Page 3 FEEt 10 200 Total $4.320.00 Final master plan to Board of County Commissioners for adopt/on PrincipaI/Senilr P~xner 4 hrs. ~ $100/hr. S400.00 Principal/Senior Transportation Engineer 4 hrs. @ $100/hr. $400.00 Principal/Senior Landscape Architect 4 hrs. ~ $100/hr. $400.00 Total $1,200.00 Subtotal Task 2.5: ~24~740.00_ Task 2. 6: Reimbursable ~.xpenses ' Blueprint, repro services, color graphics, etc. ($2,500.00 T;M/E) Total ' $2,500.00 Spbtotal Task 2.6: $2,550.00_ TOTAL FEE: $72,690.00 3.0 Assumptions 3.1: The design work will commence approximately in the fall of 2003 and will be completed by the end of March 2004. This time frame will allow for the review and participation of seasonal residents of the community. Should the time frame extend beyond the proposed schedule through no fault of WilsonMiller, Inc., WilsonMiller will be entitled to additional compensation, to be identified at such time as the schedule is adjusted. 3.2: WilsonMiller representatives will a:tend the monthly meetings of the Committee during the specified time frame, including the two meetings at which the public workshop and presentation will take place. Should any additional meetings be requested or necessary, they will be performed as additional services. 3.3: The Client will provide the information outlined in paragraph 2.1.1. Should it become necessary for WilsonMiller to collect a portion of the information, the scope of such data colleetion will be determined with the Client Project Manager, and it will be provided as additional services. 3.4: The bicycle and pedestrian crash data outlined in paragraph 2.1.1 will be provided in a summarized, digital format. · '-~ v'~[,v ' ce and charzed accord/nv 'o Sched,,l Agreement. ,,~ ,~ / / o ~ . ~.e A of the ~-'"'~ ~ V~ . / ~O~tersen, Project Manager, Traffic Ops. ~ &Alternative TransvortationModes ] / APPROVED By: __ I~l~ Diane~' F~ag~ T-attic O-~ ~ ~: - " Transportation Modes Director ACCEPTED BY: Date: ATTE : Name of 'rm Signature Type Name and Title ' ' ..,~ -/ H:'lTraffic Ops-ATM DeptkLandscape Doc$~,Work O~d~"m~WO - IZO.V~tt. O4-O! .doc Page 4 AGENDA,LTEM .---., No., (0(~/ FEB 1 0 200q EXECUTIVE SUMMARY TO REVIEW A REQUEST TO FORGIVE A LOAN PAYMENT FROM THE COLLIER COUNTY FAIR BOARD IN THE AMOUNT OF $38,687. OBJECTIVE: To ensure that public tax dollars are managed effectively. CONSIDERATION: The Collier County Fair Board met on January 20, 2004 and discussed the $479,000 Commercial Paper tax exempt loan the Board of County Commissioners provided to the Fair on January 11, 2000 to improve the open air pavilion. (NOTE: The loan was for $570,000; however, the Fair Board only used $479,000. The difference of $91,000 was returned to the Commercial Paper Program on September 30, 2003. The loan agreement was amended on December 12, 2001 to extend the completion date.) As a result of this discussion, the Fair Board recommended that the Commission forgive this loan, which is presently due. The request is based upon the following summary that was provided to staff. FAIR BOARD REQUEST The Collier County Agricultural Fair and Exposition, Inc. is requesting that the Board of County Commissioners forgive the payment of $38,687 ($36,712.13 of principal and $11,975 of interest), which was due January 01, 2004. The Fair Board has the funds to pay this obligation but requests this forgiveness so that they can use the money along with anticipated excess of income over expenses to go toward the following betterments to the fair property: 1. Parking Lot Lighting (Safety/Security) $40 2. Parking Stabilization (Usability) 60. 3. Restrooms (Public Health) 75. 4. Midway Electric Upgrades (Serviceability~ 25 5. Additional Water Well (Public Health) 10 6. Handicap Parking Expansion (Federal Compliance) 10 7. Midway Paving (Disabled Service/Safety) 80 000 000 000 000 000 000 000 The Fair Board consists of 20 members who collectively donate over 10,000 hours a year for fair business, events, special programs, and the fair itself. In addition, there are literally hundreds of individuals who volunteer from 3-5 hours a month up to as much as 40 hours a month to support youth programs and other fair sponsored activities. In addition to volunteer efforts, they receive monetary support from local businesses as well as support in the form of materials, use of equipment, and volunteer staff with particular technical skills. If the request is honored, the Collier County Agricultural Fair and Exposition, Inc. will be able to serve the citizens of Collier County more effectively due to the additional ,, improvements that we will be able to do to the Collier County Fairgrounds. ! ~enda_ Item I I o STAFF COMMENTS The loan was ratified in the form of an agreemcnt '...it was signed on January 11, 2000. While it is recognized that the property in whiciq !:c improvements occurred is actually County property, a lease exists in which the Count,. i~s limited use of the facilities. As a result, the County does not receive any ~-~.:,. ~,~es generated from this facility improvement. Furthermore, the request does :t ,iictate a timeline of when these improvements are scheduled to begin. Finally :: is a concern that this will create a precedent for the future requests on leased property,, s :y the County. At the same time, there has been limited discussic~n ,~ partner with the County on future facilities at and around this location. Recog~n~,,',r~g the potential for future park development in conjunction with Fair amenities, ~!-:,: C~mmission may wish to direct staff to further these discussions relating to the operati,.~ ~ .ff this facility. There are Parks and Recreation opportunities within the vacant p:~:, md there may be programming opportunities with the existing facility. GROWTH MANAGEMENT: The Collie'r ~ ,~ty Fairgrounds are not inventoried in the County Growth Management Plan. FISCAL IMPACT: Under the present agreemc~:t. ~.he County is scheduled to receive $38, 687 to the general fund. RECOMMENDATION: That the Board ,~:,t' ~ ,,mty Commissioners suspend the payment due for 90 days to allow staff the op!~rv, mity to review the possibility of a partnership with the Fair as it relates to the ~:,i'~::~ .~:,n and future improvements of the property, h~a PREPARED BY: DATE: Jo rd Pub ]~ Services Administrator l A genda) Ite~ FEB ! 0 200 , EXECUTIVE SUMMARY APPROVE THE INTERLOCAL AGREEMENT FOR ELECTION SERVICES WHICH LEASES COUNTY-OWNED VOTING MACHINES TO THE CITY OF NAPLES FOR USE IN THE CITY'S FEBRUARY 17, 2004 ELECTION, AND TO AUTHORIZE THE EXECUTION OF THIS AGREEMENT BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS. OB./ECTIVE: That the Board approves the Agreement entitled "INTERLOCAL AGREEMENT FOR ELECTION SERVICES." CONSIDERATION: F.S. 101.36 authorizes "the board of county commissioners of any county that has adopted voting machines or electronic or electromechanical voting to permit municipalities within the county to use county-owned voting machines or devices...on a rental basis, upon such terms and conditions as the board may determine." The City of Naples will be holding a City election on February 17, 2004, and has requested certain assistance from the Collier County Supervisor of Elections, which will require the use of County-owned voting equipment. Among other things, this Agreement leases County-owned equipment to the City for use in the City election. FISCAL IMPACT: The lease of the County-owned equipment is for a fee of $7,500. In addition, the Collier County Supervisor of Elections will be reimbursed for all costs associated with the election. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves the Agreement entitled "INTERLOCAL AGREEMENT FOR ELECTION SERVICES," and authorizes the Chairman to execute the Agreement on behalf of the County. i/&~bmitted by:,. /Q 9 ~]ennifer E/lw~g c/Collier CountS/Supervisor of Elections Date: Assi~an ~ Date: January 27, 2004 lunty Attorney ,_ No. FEB 1 Il ZOO 1 i Pg' i ~,,, INTERLOCAL AGREEMENT FOR ELECTION SERVICES By and Among the CitY of Naples, Collier County and the Supervisor of Elections This Agreement for Election Services (Agreement) is for the February 17, 2004, City Council Election and is by and among the City of Naples (City), Collier County by and through the Collier County Board of County Commissioners (County) as owners of the County's voting and ballot tabulation equipment, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's voting and ballot tabulation equipment. WITNESSETH In consideration of the premises and covenants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 9. 10. The City acknowledges that only the Florida Constitution and the Florida Legislature may confer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through various legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. Section 97.021(8), Fla. Stat., provides the definition for "election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsible. The City acknowledges that such definition does not include municipal elections. Under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a special election to be held by mail ballot. Such an election is subject to a separate Agreement for Services. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 17, 2004, City Council Election under the City Charter. To facilitate the City's conduct of its February 17, 2004, election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as s. 19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice along with any other correspondences to or from the U.S. Department of Justice, relative to any changes in voting procedures, to include, but not limited to, changes the City makes relative to polling site locations or any applicable charter amendment referendum questions. Such copy shall be provided no later than 5:00 p.m. on the fourth day preceding the election. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: 75 iVotronics voting booths, including 11 ADA units · 150 Personal Electronic Ballots - 11 Compacs · 11 Laptop computers · 11 Precinct Signs with Flags · 11 Precinct file. caddy and supplies · 1 ! Vote Here Alphabet Card sets · 11 Alphabet card holders and assembly The Supervisor of Elections shall arrange to have the voting equipment and supplies picked up and delivered to the precincts on the Friday preceding Election Day. The Elections Office shall remove all elections information from the iVotronic voting equipment and return to the City of Naples for retention. No later than 5:00 p.m. on the Friday immediately following the election, the Supervisor of Elections shall remove all supplies belonging to the City and return to the City '-" °* .... ......... . : AC-~NDA ITEM 1 " 'FEt3 1~"""' 11. 12. 13. 14. 15. 16. 17. 18. 19. The City shall use the County's certified tabulating systems, as certified for use after February 2002 under the new state standards, and pay directly to the Supervisor of Elections all costs for programming, on-site election support, and any repairs required as a result of the City's USe. Nothing in this Agreement shall be construed to require the County or the Supervisor to provide the setup of the equipment for use. This Agreement shall be construed to require the County or the Supervisor to provide all oaths, forms, and training materials to the City's Poll workers, Clerks, Oath Persons, Field Election Deputy's and Ballot Activators. Nothing in this Agreement shall be construed to infer that the County or the Supervisor interpreted the provisions of the. City's charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisition or construction of additional equipment for use by the City at its poll sites should such equipment not already be in the County's inventory for that specific poll site facility. The Supervisor of Elections shall be responsible for the delivery and pickup of voting machines and equipment to the poll sites for use on Election Day. Neither the County nor the Supervisor shall be held accountable for equipment needs not contained within this Agreement. There shall be no last minute adjustments to this Agreement for equipment or consumable supplies. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabulation equipment components enumerated herein: · Model 650 Scanner for Absentee Ballot tabulation · Unity Election System including: · Data Manage~ · Ballot Image Manager · Hardware Programming Manager · Data Acquisition Manager · Reporting Manager The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: · The City shall utilize the services of the staff of the Supervisor of Elections to program the system for ballot tabulation of the City election. · The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action, which would jeopardize the security of the system or interrupt the custody chain. · The County shall conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. The County will conduct a special Logic & Accuracy Test prior to Early Voting at a time convenient to the Supervisor of Elections staff and the City Clerks Staff. · The City shall arrange for the Supervisor of Elections staff to load the election specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later that the Tuesday, one week before the election. · The City shall arrange for the storage of its copy of the ballot tabulation program at a site other than the Collier County Government Center. · The City's failure to comply with any of these provision, as determined by the Supervisor of Elections, shall constitute adequate grounds for termination of this Agreement for convenience by the Supervisor of Elections, on behalf of the Supervisor of Elections and the County, upon five (5) calendar days notice from the Supervisor of Elections to the City. However, any such termination for convenience by the Supervisor of Elections shall not relieve the City from fully complying with Paragraphs 29, 30, 32, 33 and 34 of this Agreement. 2 20. The Supervisor's office shall be and is solely responsible for the content and format of any affidavits and training materials used in the course of its election. 21. The Supervisor shall be responsible for any training of election workers, and the develop- ment of training materials. The City Clerk or her representative will attend alt training sessions. The City shall be liable for all actions taken by the poll workers during the course of its election day. The City Clerk shah apply s. 102.031(3)(c), Fla. Stat., and all deputies will be trained by the Supervisor of Elections on the solicitation within 50 feet of the polling site role. 22. The County shall be responsible for all activity relating to any absentee ballots the City chooses to provide voters for its election - including processing requests; addressing absentee envelopes; verification of voter signatures; and providing lists of absentee voters to city candidates subject to the oath requirements of s. 98.095, Fla. Stat., being filed with and authorized by the Supervisor of Elections. 23. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the County. 24. The County shall provide the necessary training and personnel on Election Day to verify absentee voter signatures, open absentee ballots and prepare the voted ballots for actual tabulation. Such tasks shall be conducted under the rules established by the City Canvassing Board. 25. The City shall be responsible for retention and destruction of all election materials in conformity with applicable State and Federal laws. 26. To the extent permitted by law, with the exception of activities relating direcfly to the Supervisor's determinations regarding voter registration and eligibility, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses to any person or persons or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise authorized or from events relating expressly to City election activity. 27. All costs, including attorney's fees and court costs, shall be paid by the City for: a. Litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, or b. Litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 28. The Supervisor of Elections or her staff shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently be billed to the City, which shall be responsible for payment. 29. To lease voting units, and other supplies listed within this contract, the fee shall be $100 per voting unit, which for the anticipated 75 units is $7,500.00. The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for the difference. The fee shall be promptly paid to the Supervisor following written request. 30. Within 10 calendar days of the City election date, the City shall provide any replacement parts or equipment that were lost, stolen or damaged while in the C 31. 32. 33. 34. 35. 36. 37. 38. 39. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of receipt Rates for the Supervisor's bill shall be actual costs associated with conducting the election. Notwithstanding ali provisions for payment set forth in this Agreement, s. 101.002(2) Fla. Stat., provides that the City shall be responsible for all costs associated with manpower, whether or not specifically set forth in this Agreement. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the Exhibit A. The County and the SuperV~isor of Elections has no liability for costs or expenses or other liability incurred by the Cib~ in prepaxation for this election should the U.S. Department of Justice note an objection in its response to the City Manager's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods, and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage through the City's self-insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulation equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage or a resolution indicating such coverage under the City's self-insurance program. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the Courts and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused balance on the security deposit shall be returned to the City when the sequestration order has been lifted and the equipment has been returned. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some publicly accessible meeting area such as the County Commission meeting, City Hall, or other comparable location. Candidates only may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee designated with custodial supervision of the facility for the day will be admitted to the secured area for processing. This Agreement shall be valid only for the City election held February 17, 2004. In the event any part of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement. 4 IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of five consecutively numbered pages plus a one page Exihibit A attachment, and affix their hand and seal this day of. ,2004 by the Naples City Council and this __ day .. of · ,2004 by the Collier County Board of County Commissioners and Supervisor of Elections. Attest: Dwight E. Brock, Clerk Collier County Board of Commissioners By: Deputy Clerk Donna Fiala, Chairman As~istan~ounty Attorney Attest: Supervisor of Elections Jennifer J. Edwards City of Naples Tara Norman, City Clerk Bonnie MacKenzie, Mayor Approved as to form and legal sufficiency Robert Pritt The City of Naples Attorney 5 EXECUTIVE SUMMARY APPROVE A RESOLUTION TERMINATING FOR CONVENIENCE A GRANT TO THE AIRPORT AUTHORITY FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR IMPROVEMENTS TO THE IMMOKALEE AIRPORT INFRASTRUCTURE. (PROJECT 33327 IN FUND 496,) Objective: That the Board of County Commissioners adopt the attached Resolution to terminate for convenience a grant from the U.S. Department of Commerce's Economic Development Administration (EDA) for improvements to the Immokalee Airport's infrastructure. Consideration: On August 14, 2000 the Airport Authority - through its governing body, The Board of County Commissioners, was awarded a grant from the EDA (No. 04-01-04619) in the amount of $1,078,500 to fund infrastructure improvements to the Immokalee Airport. These improvements consisted of extending the airport entrance road, extending water, sewer, and electric utilities, placing fill on 5 acres of industrial park land, and constructing a campground with a bathhouse. The grant called for a 12-month construction period beginning no later than February 14, 2001, and ending no later than February 14, 2002. The Authority requested, and the EDA approved, two (2) time extensions - the first to extend the start of construction to November 14, 2001 and completion of construction to February 14, 2003, and the second to extend the completion date to October 14, 2003. Construction was not complete as of October 14, 2003. The one remaining aspect of the project to be completed as of October 14, 2003 was construction of the bathhouse on the campground. A third request for extension was submitted to the EDA. That request was denied. Instead, the EDA recommended that the Authority "terminate for convenience" its participation in the project as of December 23, 2003. At its January 12, 2004 meeting, the Airport Authority, following the EDA's recommendation, voted to terminate this grant for convenience. The next step in the termination process is for the Board of County Commissioners to adopt the attached Resolution. Fiscal Impact: The grant requires EDA to reimburse the Authority 72.1% of eligible project costs, but not to exceed an EDA contribution of $1,078,500. As of December 23, 2003, the Resolution's effective date of termination, the elic~ib!~e ._ 7- project costs totaled $1,605,726. Therefore, the maximum cap has been,i ~.~(~;',;~.J ;~,,~,1 ~,o. /"/. ,/1--- FE~ I0 200~ ?~,. ! exceeded whereby if this grant is terminated for convenience effective on December 23, 2003, the EDA will reimburse the sum of $1,078,500. Growth Management Impact: There is no growth management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners adopt the attached Resolution and authority to terminate for convenience EDA grant No. 04-01- 04619. ,~ Date: Prepared by: ~i~nance Manager ! Reviewed by: [ (,)V~, , Date: Tom Palmer, Ass ! County Attorney/Attorney for the Authority by: ~'~-~-~~'~-- Date:/ * ~-~r-'' '' ~''~ Approved ,. O'~ne'~chmidt,~/- -~--'"/' Executive Director RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO TERMINATE FOR CONVENIENCE A GRANT FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION ENTITLED INVESTMENT NO. 04-01-04619, EFFECTIVE RETROACTIVELY TO DECEMBER 23, 2003 WHEREAS, Through no fault of its own and because of unavoidable delays completing the scope of work for the investment outlined in the subject grant from the Economic Development Administration - entitled EDA Investment No. 04-01- 04619 - and as recommended by the EDA and by the Collier County Airport Authority, the Board of County Commissioners of Collier County, Flodda, hereby determines that it is not feasible to complete the project as originally intended and, therefore, for the mutual convenience of the County, the Collier County Airport Authority and the EDA, the grant should be and is hereby terminated effective retroactively to December 23, 2003, and that an accounting should be made; and WHEREAS, the Airport Authority and Board understand, as a condition of this termination for convenience, the Economic Development Administration will disburse its share of the eligible project cost based upon documentation the EDA has received for cost incurred through December 23, 2003. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County hereby agrees to terminate for convenience EDA Investment No. 04-01-04619, effective retroactively to December 23, 2003. 2. A certified copy of this Resolution shall be mailed the U.S. Department of Commerce Economic Development Administration Atlanta Regional Office Suite 1820 401 West Peachtree Street, N.W. Atlanta, GA. 30308-3510. Attn: William J. Day, Director, Atlanta Region PASSED AND DULY ADOPTED by an affirmative majodty vote of the Board this __day of 2004. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficie~y:~ Thomas C. Palmer, Assistant County Attorney FEB 1 0 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT RECOGNIZING AWARD OF FEDERAL AVIATION ADMININSTRATION GRANTS, ELIMINATING A PREVIOUSLY APPROVED PROJECT, AND RETURNING NET ADJUSTMENT TO GENERAL FUND Objective: Pursuant to the Board of County Commissioners Motion to Reconsider at the January 13, 2004 meeting, this is the resubmission of a request for approval of a budget amendment which recognizes the award of three FAA grants, eliminates a previously approved capital project, and authorizes the return of the net adjustment of the sponsor's match to the General Fund. Consideration: On August 25, 2003 the Collier County Airport Authority accepted three grants from the Federal Aviation Administration. The purposes and the amounts of the grants were as follows: Everglades Airpark Design phase of construction of parallel taxiway $128,626 Immokalee Airport Design phase of construction of partial parallel taxiway $150,000 Marco Airport Design phase of parallel taxiway mitigation $135,484 These grants cover 90% of the project cost. The remaining 10% is to come equally from the Florida Department of Transportation and the airport sponsor (the Airport Authority). The Authority's required match is $7,146 for the Everglades grant; $8,333 for the Immokalee grant; and $7,527 for the Marco grant. A previously approved project in the amount of $800,000 has not received grant funding and the likelihood of receiving grant funding is remote. Therefore, the County match associated with this project in the amount of $40,000 should be returned to the General Fund. The net effect on the General Fund of recognizing the FAA grants and eliminating the previously approved project is as f°ll°w's"---~'iT~:;:~:i'?'~',' ';':;':2~ FEB 10 rg._ / Ever,qlades Parallel taxiway: Design Phase Current Bud,qet Needed Budqet Sponsor Sponsor Total Match Total Match 142,918 7,146 Immokalee Partial parallel taxiway: Design Phase 166,667 8,334 800,000 40,000 Security Plan Marco Partial parallel taxiway: Mitigation Design Phase 150,538 7,527 Net decrease in Sponsor's match to be returned to General Fund Difference Sponsor Total Match 142,918 7,146 166,667 8,334 (8OO,OOO) (4O,OOO) 150,538 7,527 (16,993) Fiscal Impact: The budgets for the above projects, which are in Fund 496 (the Airport Authority Capital Fund), will be impacted as shown in the above schedule. The net effect of the budget amendment reflecting these adjustments is that $16,993 will be returned to the General Fund from Fund 496. Growth Management Impact: There is no growth management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approve a budget amendment which recognizes the award of these three FAA grants, eliminates a previously approved capital project, and authorizes the return of the $16,993 net adjustment of the sponsor's match requirement to the General Fund. Prepared by: ~ Date: E~ ~~lR~ance Manager Approved by: chmidt, Executive Director Date: EXECUTIVE SUMMARY A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ACCEPTANCE OF THE FISCAL YEAR 2003- 2004 STATE OF FLORIDA OFFICE ON HOMELESSNESS CHALLENGE GRANT AWARD, APPROVING EXECUTION OF CHALLENGE GRANT SUB-RECIPIENT AGREEMENT (S) BY THE COUNTY MANAGER OR THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING ACCEPTANCE OF THE GRANT AGREEMENT FROM THE DEPARTMENT OF CHILDREN AND FAMILIES, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: The CDES Financial Administration and Housing Department (FAH) is requesting approval from the Board of County Commissioners to accept the attached FY 2003-2004 State Office on Homelessness Challenge Grant Award authorizing execution of the Grant Agreement and Sub-recipient agreement(s) by the County Manager or the Community Development and Environmental Services (CDES) Division Administrator. As Lead Agency of the Continuum of Care Collier County will pass these funds through to Sub- recipients awarded funding through the State of Florida Department of Children and Families (DCF). CONSIDERATIONS: At its May 27, 2003 meeting, the BCC gave approval for the County to become the Lead ~{gency applying on behalf of the County's social service agencies for the annual Cotmnuum of Care (CoC) grant application to HUD and to the State Office on Homelessness for annual grants for homeless services, which stipulate that the CoC Lead Agency must be the applicant. At the September 23, 2003 BCC meeting the County Manager informed the BCC that he had signed and approved the submission of the Challenge Grant Application to the State Office on Homelessness due to the necessity of meeting the grant deadline and BCC meeting schedule. The Challenge Grant was awarded to Collier County on October 21, 2003 for $82,500 and will be passed through to the Collier County Hunger & Homeless Coalition (CCHHC) to be fully expended by June 30, 2004. Project Sponsor and Title Amount Requested Collier County Hunger & Homeless Coalition for the Homeless Management $82,500 Information System Project FEB I 0 200t~ Pg-, / 1 FISCAL IMPACT: These funds have no effect on ad valorem or general fund dollars. $82,500 to be 100% passed through the County to the CCHHC. Grant amount of GROWTH MANAGEMENT IMPACT: These funds are in general compliance with the concept of the County's Growth Management Plan by promoting the continued expansion of local resources to provide affordable housing through increasing County residents self-sufficiency. RECOMMENDATION: The Board of County Commissioners to approve a resolution accepting the FY 2003- 2004 State of Florida Challenge Grant Award Agreement with the State of Florida Department of Children and Families and Sub-recipient agreement(s), and authorizing the County Manager or Community Development Environmental Services Administrator to accept and sign the agreement on behalf of the County. AGENOA ITEM .o. / FEB 1 0 200~ 2 SUBMITTED BY'x'- _ _ _~,tq 'evel0p nt Coordinato ~n ae~i ~1 'p[~:[;t~;ii-on and H°using Lee ,Combs, HUD/Federal Grants Manager Financial Adrn3n~tratj/°th and Housing REVIEWED BY: i~t~aker' Director . Financial Administratio¢ and Housing APPROVED BY: 1~ Date:~ AGENOA ITF~ FEB 1 0 200q Pg.- ~ 3 RESOLUTION NO. 2004 -__ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ACCEPTANCE OF THE FISCAL YEAR 2003-2004 STATE OF FLORIDA OFFICE ON HOMELESSNESS CI~LALLENGE GRANT AWARD, APPROVING EXECUTION OF CHALLENGE GRANT SUB- RECIPIENT AGREEMENT (S) BY THE COUD, ITY MANAGER OR TIlE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DMSION ADMINISTRATOR, AUTHORIZING ACCEPTANCE OF THE GRANT AGREEMENT FROM THE DEPARTMENT OF CHILDREN AND FAMILIES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County desires to apply for and receive federal and state funding to provide assistance to meet the housing and support needs of its least able residents; and WHEREAS, federal and state funds are available in the form of grants from the U.S. Department of Housing and Urban Development {HUD) and the State of Florida Homeless Challenge and Housing Assistance Grants, commonly referred to as the Continuum of Care (CoC) to meet such needs; and WtIEREAS, Federal and Florida law require Collier County to designate and appoint a lead agency to serve as the point of contact and accountability of CoC grants; and $~[IEREAS, the State of Florida Office on Homelessness, and as its agent, the State of Florida Department of Children and Families (hereinafter DCF), requires the designated Lead Agency for the Continuum of Care process to be the applicant and recipient of the State Challenge Grant funding; and WHEREAS, at its January 28, 2003, meeting the Board of County Commissioners gave approval for the County to become the CoC Lead Agency; and WHEREAS, the Fiscal Year 2003-2004 State Challenge Grant was submitted on September 9, 2003, to the State Office on Homelessness; and WHEREAS, Collier County as CoC Lead Agency was awarded this grant, in the amount of $82,500 on October 21,2003; and WHEREAS, a Challenge Grant Award Agreement is required to be entered into between the Collier County Board of County Commissioners and the Department of Children and Families; and WHEREAS, the sole anticipated Sub-recipient of the Challenge Grant funding for FY 2003-2004 is the Collier County Hunger & Homeless Coalition (CCHHC). Page I of 3 FEB I 0 200 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COM2VIISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the DCF Grant Award Agreement #HFZ09 (Grant Agreement) for the State of Florida Office on Homelessness Challenge Grant for FY 2003-2004, which is attached and incorporated herein by reference as Attachment "A", ,and authorizes the Chairman of the Board of County Commissioners to execute said agreement and the Department of Financial Administration and Housing (FAH) to take the necessary actions for implementation of the specific activities described in the Grant Agreement. 2. The Grant Agreement sets forth the detailed dollar amounts for each Activity to be funded by the Challenge Grant. A copy of the Activities and total Challenge Grant funding is set forth on page one of the Grant Agreement. Each recipient must enter into a Sub-recipient Agreement to receive his or her Challenge Grant funding and each such Sub-recipient Agreement is hereby acknowledged as providing for a valid public and County purpose. Accordingly, the individual Sub-recipient Agreement for each Challenge Grant Activity will be subsequently entered into for the amounts shown on behalf of Collier County, and the County Manager or Cormmunity Development and Environmental Services Administrator is authorized to execute the Challenge Grant Sub-recipient Agreement to implement each such Activity, so long as: 1) the tbrm of each such Sub-recipient Agreement conforms to the form of the attached blank form, Attachment "B" adopted and incorporated by reference, and 2) the dollar amount of the Activity for the corresponding then completed Sub-recipient Agreement is $82,500, and the Sub-recipient is the CCHHC as referenced above. 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. Page 2 of 3 A~A ~TEM FEB 1 0 200 , This Resolution adopted this tenth day of February 2004, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,Deputy Clerk By: Approved as to form and ~tl~en~ 15a~k (~.. ~h~te Assistant County Attorney DONNA FtALA, CHAIRMAN Page 3 of 3 AOENC)A ITEM FEB 1 0 2004 ATTACHMENT "A" CHALLENGE GRANT AGREEMENT AGENDA ITF_.I~ FEB 1 0 200~, 10-15-03 THE STATE vFFICE ON HOMELESSNESS CHALLENGE GRANT AGREEMENT Collier County Board of County Commissioners (Grantee's Name) and State of Florida Department of Children and Families V~IEREAS the State Office on Homelessness of the Department of Children and Families (hereinafter Department) with the concun'ence of the Council on Homelessness has been tasked by section 420.622 Florida Statutes, to accept and administer monies appropriated to it for the purpose of awarding challenge grants to lead agencies for homeless assistance continuums of care, and WHEREAS the Department has received a grant application from the Collier County Board of Count~, Commissioners in Collier County, (hereinafter Grantee), and %~IEREAS it appears to the department that there is a need to provide the services described in that application, NOW, THEREFORE, The Department hereby awards the sum of $82~500.00 Dollars to Grantee under the following terms and conditions: 1. The application filed with the Department by the Grantee dated September 9, 2003 and attached to this agreement as Attachment 1 is hereby incorporated within this agreement as if fully set out at length here. The solicitation document upon which that application is based is also hereby incorporated within this agreement as if fully set out here and is designated Attachment II. 2. Grantee hereby agrees to perform the tasks and to provide the services described in that application as described in Attachment 1 with the following exceptions: · On or before February 29, 2004, the grantee will provide the department with a detailed line item budget and budget narrative indicating how the grant funds will be expended. On or before February 29, 2004, the grantee will provide the department with a time line indicting the hiring date of the system administrator and purchasing of system soft and hardware. coordinating expenditures made by subgrantees. Grantee further agrees that it v~ diligence in supervising its subgrantees to assure that funds are expended for th intended and that a full accounting for these grant funds is made. 3. Grantee agrees that it will award subgrants as described in its application and that it will do all those things which it asserted that it will do in that application including supervising and I uso~:~, pul~oses G1L ?EE 1 0 200 10-15-03 THE STATE oFFICE ON HOMELESSNESS 4. Where there is a conflict between the grant application incorporated herein by reference and this Challenge Grant Agreement, this Challenge Grant Agreement shall prevail. 5. In accordance with sections 11.062 and 216.347, F.S., no funds provided by this grant may be expended for the purpose of lobbying the Legislature, ~he judicial branch, or a state agency. 6. This Challenge Grant Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the applicable State of Florida and Federal laws. Each party shall perform/rs ~bligations herein'in accordance with the terms and conditions of this grant agreement. It is hereby agreed by the parties that in the event that litigation by either party to this grant agreement becomes necessary that venue shall be proper in Leon County, Florida. 7. Grantee agrees to maintain complete, accurate md adequate records, including financial records, relating to funds received pursuant to '?._~ Challenge Grant Agreement and of all expenditures made by Grantee and its subgrantees ,.~ :~h grant funds. The Grantee will require audit and record keeping requirements in all subgn-3nts 'md assignments. All records shall be in sufficient detail to permit a proper pre audit and a ?,-,.~,~ ~'sdit of all expenditures. 8. Grantee agrees to provide a financial and compii~.ce audit to the Department as specified in this Challenge Grant Agreement and in Attachment lit and to ensure that all related party transactions are disclosed to the auditor. 9. Grantee agrees to retain all financial records. -,./?,_rting documents, statistical records and any other documents, whether kept by electronic stc, ra~e media or otherwise, pertinent to this Challenge Grant Agreement for a period of not less [San six (6) years after the starting date of this Challenge Grant Agreement, or if audit fLndings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any persons duly authorized by the Department s~ail have full access to, and shall have the right to examine any of the said materials at any time during regular business hours. I 0. Grantee agrees to furnish the Department with monthly status reports, Attachment IV to this Challenge Grant Agreement. 11. Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the grantee, and its agents, subgrantees and employees, during performance pursuant to this Challenge Grant Agreement. Further, the Grantee agrees to indemm~, the Department against all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the Grantee, and its agents, subgrantees, and employees, during performance pursuant to this Challenge Grant Agreement. (NOTE: This 1: ara~aph is not applicable between state agencies or subdivisions, as defined in subsection 768.2 2 FEI 1 0 200t 10-15-03 THE STATE oFFICE ON HOMELESSNESS 12. Grantee agrees to establish an informal dispute resolution process with which to resolve any disputes between the Grantee and any subgrantees or recipients. Disputes between the Grantee and any subgrantees will be resolved in accordance with those procedures. 13. As required by section 286.25, F.S., if the Grantee is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this grant agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Department of Children and Families." If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the organization. 14. Grantee shall not use or disclose any information concerning a recipient of services under this Challenge Grant Agreement for any purpose prohibited by state or federal law or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by law). 15. The Grantee shall permit Department personnel or representatives to monitor the services which are the subject of this Challenge Grant Agreement. 16. Grantee agrees to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction Mth this Challenge Grant Agreement. 17. The release of funds shall be in accordance with the request for release of funds schedule which is incorporated into this agreement as Attachment V, subject to the availability of funds. The Grantee shall prepare and submit a request for release of funds on the Grantee's stationary. The Department will provide the funds within forty (40) days of the receipt of the request for release of funds. The State of Florida's performance and obligation to pay under this Challenge Grant Agreement is contingent upon an annual appropriation by the Legislature 18. Any notice, that is required under this Challenge Grant Agreement shall be in writing, and sent by hand delivery, U.S. Postal Service Certified mail, remm receipt requested, or any expedited delivery service that provides verification of delivery. Said notice shall be sent to the representative of the Grantee responsible for administration at the designated address contained in this Challenge Grant Agreement. 19. This Challenge Grant Agreement shall be effective on January 15~ 2004 or on the date on which the Challenge Grant Agreement has been signed by both parties, whichever is later. It shall end at midnight, local time in Tallahassee, Florida, on June 30~ 2004 or upon completion of the project. 20. In the event funds for payment pursuant to this Challenge Grant Agreement become unavailable, the Department may terminate this Challenge Grant Agreement upon no less than twenty-four (24) hours notice in writing to the Grantee. Said notice shall be deliverecI o'-~y, l.g~,~t)A err_~ ' delivery, U.S. Postal Service, or any expedited delivery service that provides verif :at~q~ of /'~ -,4 3 GRA [T#~}9~ 0 200/t pg.__ /dY 10-15-03 THE STATE oFFICE ON HOMELESSNESS delivery. The Department shall be the final authority as to the availability and adequacy of state funds. In the event of termination of this Challenge Grant Agreement, the Grantee will be compensated for any work satisfactorily completed. 21. Grantee agrees to return to the Department any overpayments or funds disallowed pursuant to the terms and conditions of this Challenge Grant Agreement that were disbursed to the Grantee by the Department. In the event that the Grantee or its independent auditor discovers that an overpayment has been made, the Grantee shall repay said overpayment immediately without prior notification from the Department. In the event that the Department first discovers an overpayment has been made, the grant manager, on behalf of the Dep~tment, will notify the Grantee by letter of such findings. Should repayment not be made forthwith, the Grantee will be charged at the lawful rate of interest on the outstanding balance after Department notification or Grantee discovery. 22. Construction, Renovation, or Purchase of Real Property Using State Funds: A. In accordance with Section 402.73(11) Florida Statutes (2001), if this grant includes funds for the purchase of or improvement to real property the provision of grant funds are contingent upon the grantee granting to the state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this purpose, the grantee agrees that, if it disposes of the property before the department's interest is vacated, the grantee will refund the proportionate share of the state's initial investment, as adjusted by depreciation. B. In accordance with subsection 420.622(5)(c), F.S. (2001), grantee further agrees to reserve, for a minimum of ten (10) years, the number of units constructed or rehabilitated through this grant to serve persons who are homeless at the time they assume tenancy. 23. Any modifications of provisions of this Challenge Grant Agreement shall only be valid when they have been reduced to writing and duly signed by both parties hereto, and attached to the original of this Challenge Grant Agreement. 24. Official Name of Payee and Representatives: A. The official Grantee name, as shown on page I of this Challenge Grant Agreement, and mailing address to whom the Department shall issue payment is: Collier Count~, Board of County Commissioners. B. The name, address, and telephone number of the representative of the Grantee responsible for administration under this Challenge Grant Agreement is: Jim Mudd, County Manager, 3301 East Tamiami Trail, Naples Fl 34112; Telephone: 239-774-8383 AC, enOA rrr~ FEB ,g. // 10-15-03 THE STATE OFFICE ON HOMELESSNESS C. The name, address, and telephone nutnber of the grant manager for the Department under this Challenge Grant Agreement is: Robert Farr~ Department of Children and Families~ 2295 Victoria Avenue~ Fort Myers F! 33901. 25. This Challenge Grant Agreement and its attachments and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this Challenge Grant Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this Challenge Grant Agreement is legally determined unlawful or unenforceable, the remainder of the Challenge Grant Agreement shall remain in full force and effect and such term or provision shall be stricken. IN WITNESS THEREOF the parties hereto have executed this 98 oa-e Challenge Grant Agreement by their undersigned officials as duly authorized. GRANTEE: Collier County Board of County Commissioners '~ Signed By: Asais a 't ,,v Name: Donna Fiala County Attorney Title: Chairman, Board of Collier County Commissioners Date: Grantee Federal EID#: 59-6000558 Grantee Fiscal Year Ending Date: 09/30 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Signed By: Name: Mike Murphy Title: District Administrator Date: AGENDA ITEM FE9 1 0 200~ 5 GRANT#HFZ09 ATTACH3/IENT I GRANT APPLICATION FROM GRANTEE Re: C AGF_NDA ITEM FEB 1 0 200~ P'" 1~Z39 Collier Coun .ty Continuum of Care Homeless Challenge Grant Florida State Office on Homelessness 2004 Application Submitted by: Collier County Board of County Commissioners Prepared by: Collier County Department of Financial Administration & Housing Submission Date: September 8, 2003 AGENDA ITEM FEB 1 0 200z~ -i COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 September 8, 2003 Mr. Tom Pierce Executive Director Office on Homelessness 1317 Winewood Boulevard PDHO, Building 2, Room 10342 Tallahassee, FL 32399-0700 SUBJECT: FLORIDA CllALLENGE GRANT~ 2004 COLLIER COUNTY Consolidated Application Dear Mr. Pierce: Please find enclosed the Collier County Continuum of Care application for the 2004 Homeless Assistance Challenge Grant through the State of Florida Office on Homelessness. The total funding requested for the coordinated activities is $137,500 for the first tier of funding and $82,500 for the second tier of funding, which will assist local providers in the provision of direct services for the homeless Collier County. Attached you will find the Collier County Challenge Grant Application for homeless programs consisting of: (1) the Homeless Management Information System Project, which is in the final planning stage to develop a county-wide intemet database for homeless resources; (2) Collier County Hunger & Homeless Coalition for supplies to provide to homeless individuals during oul~'each activities; (3) Catholic Charities Emergency Supportive Services Food Assistance program; (4) Guadalupe Center Homeless Emergency Supportive Services food program; (5) Shelter for Abused Women & .Children supportive services food program. We are pleased to submit this application to further leverage local investment in homelessness prevention and elimination with the support of the Office on Homelessness. If you have any questions, please feel flee to contact Ms. Janeen D. Person, HUD Grants Coordinator, Collier County Financial Administration & Housing Department at (239) 213-2901. Sincerely, Jim Mudd County Manager AGENDA ITEM i FEEl 2004 HOMELESS CHALLENGE GRANT Table of Contents Page 3 2.1.1 Page 4 2.1.2 Page 5 3.1.1 Attachments from 2003 CoC Exhibit I Page 6 - 7 4.1.1 Pages 8- 11 5.1.1 Pages 12- 16 5.1.2 Pages 17-19 6.1.1 Page 20 7.1.1 Attachments from 2003 CoC Exhibit I Page 21 8.1.1 Page 21 8.1.2 Pages 22 - 23 9.1.1 Page 24 Budget - Exhibit '6-A' Budget - Exhibit '6-B' Letter of Certification of Consistency Project Summary Quality of Services Narrative Exhibit '3' Exhibit '4' Exhibit '10' Performance Measures Summary Performance Measures Table Ability to Complete Activities Appendices AGENDA FEB I 0 2.1.1 2004 CHALLENGE GRANT BUDGET Exhibit 6-A Grant Amount Provider Location of Homeless Est. Funds Expenditure (see Exhibit Activity/Use Requested Name Activity Population Served 6-B for dollar amounts per/quarter) Collier County $82,500 Collier Collier Al_..] homeless and 12/31/03; Hunger & County County at risk of 02/31/04; Homeless Hunger & Florida homelessness 05130/04. Coalition Homeless subpopulations Homeless Coalition Funds would be requested at $27,500 Management per draw down. Information System Personnel, Software and Hardware Costs Collier County $5,000 Collier Collier Al.._! homeless and 12/15/03; Hunger & County County at risk of 01/31/04; Homeless Hunger & Florida homelessness 05/30/04. Coalition direct Homeless subpopulations assistance through Coalition Funds would be requested at $1,666 point-in-time per draw down. survey, 'Get-help' oulxeach clinics and other outreach events to purchase hygiene and first-aid kits, bug spray, additional supplies and materials needed to carry out stated activities Catholic Charities $18,750 Catholic 4209 I~172 Homeless 12/31/03; Homelessness Charities of Tamiami Families and 03/31/04; Supportive Collier Trail, individuals in 06/30/04. Services Program; County Naples, FL shelters, camps Food Pantry 34112 and on the street Funds would be requested at $6,250 aer draw down. '"Guadalupe Center $18,750 Guadalupe Soup 120 Homeless 12/31/03; Homelessness Center Kitchen Children in 03/31/04; Emergency Soup P.O. Box shelters, camps 06/30/04. Supportive Kitchen 1053, and on the Services Program; Immokalee, street/At-risk of Funds would be requested at $6,250 Food FL 34143 home]essness per draw down. persons Shelter for $12,500 Shelter for P.O. Box 225 Homeless 12/31/03; Abused Women Abused 10102, women and 03/31/04; & Children, Women & Naples, FL children/shelter 06/30/04. Supportive Children 34101 residents and non- Services Program; resident victims of Funds would be requested a'$4.166 Food - domestic violence ~er draw down. Ac'a FE% 1 I) 200 /"'/ 2.1.2 EXHIBIT 6-B " EXPENDITURE SCHEDULE Estimate Draw By Quarter Ending Grant Activity/Use $ Budqeted 12/31/03 3131104 06/30104 1. CC H&H Coalition $82,500 $27,500 $27,500 $27,500 2. CC H&H Coalition $5,000 $1,666 $!.~666 $1,666 3. Catholic Charities $52,750 $6,250 $6,250 $6250 4. Guadalupe Center $5,000 $6,250 $6~250 $6,250 5. Shelter for Abused Women $14,400 $4,167 $4,167 $4,167 TOTAL GRANT $137~500 $45,833 $45,833 $45~833 The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quader of the risc. al year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the riscal year. COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL34112 · 23.9-774-8383 · Fax239-774-4010 September 8, 2003 Mr. Thomas Pierce Executive Director Office on Homelessness 1317 Winewood Boulevard PDHO, Building 2, Room 103-C Tallahassee, FL 32399-0700 SUBJECT: CERTIFICATION OF CONSISTENCY for Collier County 2004 Homeless Challenge Grant Application Dear Mr. Pierce: The Collier County Financial Adminislration and Housing Department as Continuum of Care 'Lead Agency' hereby certifies that the Collier County 2004 Homeless Challenge Grant Application as submitted is consistent with the Continuum of Care Strategic Plan, HUD FY 2003 and that each use proposed is contained within the parameters and spirit of the Strategic Plan. The following list of proposed uses expand existing programs serving the homeless and at-risk of homelessness population in Collier County, with the page citing the activity location in the 2003 Continuum of Care Plan: (1) the Collier County Hunger & Homeless Coalition for the Homeless Management Information System Project, which is in Phase II of its plarming process to purchase and implement a county-wide intemet database for homeless resources, pages 14 and 19a-b; (2) the Collier County Hunger & Homeless Coalition, which will again hold a point-in-time survey and 'Get-Help' clinics this year in Naples and Immokalee with a goal to expand the clinic and outreach services, pages 12, 12a~b, 13 and 18; (3) Catholic Charities Direct Assistance and Food Pantry programs in East Naples, page 15b; (4) Guadalupe Center Homeless Emergency Supportive Services food program and soup kitchen in Immokalee, page 15c; and (5) Shelter for Abused Women and Children food program for shelter residents, approximately half of whom are children, page 15d. Please fred attached citations identifying proposed uses with the CoC Strategic Plan and attachments' reflecting the cited documentation. If you have any questions, please feel free to contact Ms. Janeen D. Person, Collier County HUD Grants Coordinator at (239) 213 ~2901 or JaneenPerson@colliergov.net. Sincerely, Jim Mudd County Manager Attachments/ n t y AC~NDA ITE~ FEEl 1 0 22, A 2003 CoC Consolidated Application Homeless Management Information System (HMI$). (Your tm3,onse to this itoh ~ not count to~rds your Congress has e:aablished a national goal that all communities should be collecting an away of data on the homeless, including unduplicatzd counts of the homeless, their use of services and the effectiveaess o£locag assistance systenx~ In order lo achieve this objective. HUD has encouraged communities to develop a Homeless Management Information System (HMIS). Describe in · brief n·rrative your Continuum of Care (CoC) strateiD, to implement an RMIS, providing · schedule for implementation and describing the progress you have made to date, includin~ obtaining the participation of emergency shelter, transitional housing and McKinney-Vento permanent supportive housing provider~ HUD i5 IRandathlg that ~ loc~ Continn~rmg of ~ implement a Homeless Management Information System by October 2004 in order Io continue to receive funding. The funding received through the CoC is critical to Collier County because currently there is limited local funding of services for h6meless and at-risk of homelessneSs persons, mainly through private and nonprofit sources. The Coalition did apply for and receive CDBG timding for HMIS, but there are no general revenue tax dollars available for this project Projecis like the EASF Immokalee Permanent Housing, Collier County Department of Human Services Rental Assistance and Prescription Medication. Catholic Charities Mental Health Counseling program and The Learning Connection Projec~ Education will suffer ftC. oilier County becomes ineligible for future funding and does not participate in an HMIS system. In addition, we will become inehgible for CoC sponsored S~ate Challenge Grant~ and Slate Homeless Housing Assistance Grants through the Department of Children and Families. The Collier County Hunger and Homeless Coalition has completed its "data gathering stage" of collecting information from adjacent communities and sol.'are providers on the implementation of an HMIS system in Collier County. Through the Continuum of Care process, this HMIS system has been discussed for the past 1~'o years and an HAllS sub-committee was formed in Smnmer 2002. The HNIIS sub-committee hah facilitated presentations from three different service providers: Bowman lmemet Systems/ServicePoint, Simplicity Computer Solutions and Radii Technologies. HMIS information has been presented at every monthly Coalition general meeting to help educate the Coalition membership. An H~S Lis~rv was created through the Naples Free Net to enhance communication and information sharing for those agencies interested in HMIS. The HM1S sub-committee sta, veyed members to determine which agencies were re. ady to participme. Six agencies have committed to participate as the pilot group to implemem the lEV[IS system They are St. Matthew's House (providing emergency shelter and permanent housing for the homeless), David Lawrence Center (major mental hea/th care provider in CoLt/er County), ChJ/d Care of Southwest Florida (provides child care vouchers to the homeless; ma~gement and oversight of child care centers and child care development and training), Collier Count), Department of Human Services (provides rental assistance and prescription medications to the homeless), Catholic Charities (provides counseling, life- skills, prescription medications, food and clothing for the homeless) and the lmmokalee Friendship House (provides emergency shelter and supportive services for the rural homeless). This pilot group joined the HMIS sub-committee and began it's Phase I meeting schedule from January 2003 through April 2003 to determine the following in preparation for the 2003 Continuum of Care and Summer 2003 State of Florida Challenge Grant applicatious: 1) equipment and data communication needs; 2) system configuration to determine what data to track, what is .ghared and what remains confidential; 3) computer hardware needs of the participating agencies; and 4) computer training needs of participating agencies. Phase 11 ofLhe HNflS process will begin in August of 2003 with its main goals to 1) choose a software provider and 2) detcrminc the job description and employment arrangements of the systems administrator. Pha~ 1TI will begin in January 2004 and focus on the actual implementation ofthe HMIS in Collier County. The HMIS sub- committee will also begin developing a ~c system implementation and training schedule with each par~cipating agency to meet the goal of having the system in place and nmrfing no later than August of 2004. During this time period we will encourage other agencies to consider participation in the HM~S system as well, and the Coalition has notified all 2003 CoC applicants that HMIS participation is mandatory if awarded CoC funding. AC, ENOA ITEM The Collier County Hunger and Homeless Coalition system as well as providing a systems administrator who will be available to each panicipat ,g a~ lo0 200~, 2003 CoC Consolidated Application- provide on-going training and technical assistance. Once the initial system has been purchased with available grant funding, the agencies will desi~m~fe a staff person to be the agency admini~xator who will work with the local systems administrator to oversee each agency's HMIS implementation. Participating agencies may be required to prox'ide some annual funding as deemed necessary by the I-IM/S sub-commitlee including annual operator license fees and a contribution to the systems administralor salary. The ]--I]v~S sub-commille~ will determine these portions of thc //MIS Plan as they continue d~/oping the Collier County system Additionally, the SW FL Coalition for thc Homeless is ¢ncomaging discussion of the pros and cons of a regionali?ed HMIS. This subjecl will be discussed at the annual conference on May 29~ and 30ia. Please check one of the following which best reflects the status of your CoC in having a Contintmm-wide HMIS (see Section O of the '~::~_ _u~5__'ons and ~" supplement to the application before completing): The CoC has not yet c~nsidered imt~em~ntingaa HMIS. The CoC has been meeting and is considering implementing an HM1S. - The CoC Kas decided to implement an HMIS and is selecting needed sof~ware and hard~. The CoC has implemented a Continuum-wide t-]MIS. The CoC has implemented, but is secking to update or change its cmrent HMIS. The CoC has implemented, but is seeking to expand the coverage of its current HMIS system. If your CoC has already implemenled or is ~eeidmg to update or expand its HMI$ system. Not applicable. AGENDA ITEM No. t~.. FEB 1 0 200 ,2/__ 2003 CoC Consolidated Application ~ 3. Your community's Continuum of Care goals and system under development. The key to developing a successful Continuum of Care is to continually assess thc existing system and ident/fy shortcomings or gaps, then es/ablish a set of goals and carry out a series of action steps intended to address these shor~omings or gaps. With tim in mind, please provide the following: O) Chronic Homelessne~s Strategy/Coals Chronic homelessness refers to an unaccompanied homeless individual, with a disabling condition who has either been continuously homeless for n year or more OR has had at least four (4) episodes of homelessness in the past three (3) years. To be considered chronically homeless, persons must have been sleeping in a place not meant for human habitation (e.g., living on the s~-ts) and/or in an emergency shelter during that time. Past Performance. In 2001, HUD established a goal of eliminating chronic homelessness within 10 years. HUD is beginning to track progress made toward this ambitious goal. Please tell us using no more than 2 pages: (a) the specific actions that your community has taken over the past year towards ending chronic homelessness; and Co) any remaining obstacles to achieving this goal. (a) The completion of the Wolfe Apartments, which has been developed by St. Matthews House, an emergency homeless shelter is a positive action in the community. Wolfe Apartments will provide 34 units of transitional housing and 12 units of permanent supportive housing for homeless individuals and families. These one and two- bedroom units will rent for approximately $475.00 to $575.00 per month. In addition to these affordable rents for very low income families and individuals, a variety of support services will be available including job training, child care, counseling, life gkills and other needed services to assist in the transition to p~,mnent affordable housing. The issue of chronic homelessness necessitates a regional approach At the upcoming SW FL Coalition for the Homeless Annual Conference, one of the conference sessions is specifically addressing chronic homelessuess. This regional dialogue was a goal of the Collier CoC in 2002. It is hoped that discussion of some definite strategies to address this issue will be found and incorporated into the strategic planning of the Continuum committee. The Collier CoC had as another goal increasing the number of clients who q~mlify for SSI and other benefits from the Social Security Administration (SSA). A representative from SSA did give a presentation at a Coalition meeting encouraging contact with that offce to facilitate client access to these benefits. The Shelter for Abused Women provides its clients with outreach advocates who take clients to the SSA office, as well as to other mainstream resources. This model is one that the Continuum committee will study as pan of the strategic planning process. Actual tracking of increased access was very difficult, however, the Continuum commitlee believes that the implementation of HMIS will provide such tracking. Another goal of the CoC was to establish 'get help' clinics during the point-in-time census, which occurred in February of 2003. Coordinated by the Collier County Hunger & Homeless Coalition and the Collier County Department of Human Services in collaboration with the Collier County Health Department, these clinics provided medical and mental health assessments, treatment and referrals as well as food, clolhing and assistance with shelter. They were held in Naples and Immokalee and the Contimmm committee and Coalition will discuss the need and feasibility of holding these more often. The David Lawrence Center, Collier County's local mental health provider, operates the PATH (Project for Assistance in Transition from Homelessness) program, which is funded by an annual federal grant in existence since 1999. The program is designed to identify homeless individuals in the community, particularly those suffering from chronic illnesses, and to link them to appropriate services such as housing, medical, dental, substance abuse and mental health services, as well as Social Security Administmtion~ Services such as Case Management, Supported Living, Housing, and Vocational Services are offered through the PATH program to recipients on an as needed basis. To date, be~nning in Fiscal year 02-03 the David Lawxence Center has been able to identify an unduplicated number of 369 persons who were homeless or in imminent risk of homelessness and have engaged and linked over 42 into other supportive services through the outreach of the PATH program. This next year, PATH staff will begin tracking the number of chronically homeless served. (b) In comparison to the numbers of chronically homeless in larger MSAs', the number in Collier County (126), on the surface, does not seem alarming However, as with those who are temporarily homeless, one ~[_the ~real~l obstacles is a lack of permanent affordable housing In a community where the average rent fc market rate apartment is $1,000.00 month while affordable Low Income Housing Tax Credit (LIYY rent for $870.00, it is nearly impossible for a chronically homeless single individual to find a place t The least expensive one-bedroom apartments available within Collier County rent for approximatel 'c) a ments mey can afford. $6~ epq~ 200~, Pg. 2.?' 2003 CoC Consolidated Application month and there are no efficiency apartment complexes or single mom occupancy (SRO) units available. Add to tl~ mix of low ~ge jobs and high rents, the high probability of an alcohol, drug or mental health problem, and it is nearly impossible to find and keep decent'housing. In the Naples area specifically, there also continues to be a lack of ~Ssibility of the chronically homeless due to the places and ways in which they live. Exposing their situation and offering assistance is tm/y an obstacle without also endangering their ability lo survive. As part of the Continuum ~a'ategic planning process, this obstacle will be addressed. Another obstacle is the dwindling source of public and private funds to meet the needs of people seeking mental health and substance abuse intervention, particularly the homeless population. Financial resources provided by the Slate of Florida are increasingly targeted towards individ~mlS at risk of institutional care. Fewer public dollars are spent for prevention and education, which adds to the chronic homelessness issue. The growing need has already outstripped our current community resources indicated by growing waiting lists for ~ssistance. These trends in SW Florida have been compounded by the abrupt closure of Charter Glade, a 144-bed private psychiatric hospital located in the next county, which closed in June of 2000. G. Pieme Wood, the only public mental hospital serving this area closed in April of 2002. These factors, combined with the absence of any funding for homeless services through Colher County tax dollars, above what is mandated, provide additional obstacles to any strategies that address chronic homelessness. (2) Current Chronic Homelessness Stratekm. In order to keep HUD informed of your chronic homelessness strategy, please provide a brief summary of the community's strategy for ending chronic homelessness by 2012, including any updates to your strategy. As a part of this discussion, please include in this narrative the number of sheltered and unsheltered chronically homeless persons identified on the "CoC: Homeless Population and Subpopulations Chart" (see page 10). (Your response is ~t~ected to be no more than 2pages, .however, none of it will count towards your 30-page llmltation. ) While there is a relatively small population of chronically homeless within Collier County, for the first time the 2003 point-in-rme survey did count this mb-population. The results reflected a total of 126 individuals that fit the chronic homeless definition. Of that number, 96 were unsheltered and 31 were in some type of shelter at the time of the counL Within Collier County, there is a need to provide greater outreach to find and assist chronically homeless indMduals. Two new programs that are able to address a portion of this problem are the PATH (Project for Assistance in Transition from Homelessness) and the FACT (Florida Assessment Community Treatment) teamn. These groups receive funding from Slate, Federal and private sources. The Project for Assistance in Transition from Homelessness (PATH) program is a part of the David Lawrence Mental Health Center and has been pray/ding direct service to the homeless since 2000. The PATH employee provides outxeach to the homeless in shelters, on the street or in the woods. The PATH position is funded by the State of Florida through Center for Mental Health Services, Health and Human Services funds. The PATH program provides outreach, screening, case management, information and referral and other appropriate support seawices for the homeless. In FY 02-03 the PATH program identified an unduplicated number of 369 persons who were homeless or at imminent risk of homelessness, and engaged and linked over 42 individuals into other essential supportive services. The current PATH grant supports the position of a PATH Coordinator/Case Manager whose function is to identify clients wilhin the continuum, build a rapport, engage and link them to services as needed with the overall goal of self-mfficiency and independence. A small portion of the funds are utilized to provide supported living and supported employment services, however, the funding only supports a maximum of 25% of services delivered in this process of entitlements through SSA. This program must be expanded to enhance the current delivery, address substance abuse, developing and improving activities of daily skills (ADL's) and job de, effectively meet the growing needs of Collier County's homeless population. In the next proposal, the David Lawrence Center will be requesting funds to enhance the delivery and effectiveness of this program by adding a substance abuse specialist, supported living and supported employment specialist. The David Lawrence PATH program has been effective in engaging 52% of the County's estimated homeless population to date and enrolling 60 individuals in psychiatric, medical, substance abuse, employment, and/or beginning the elop~,nt to FEB 1' 0 2006 2003 CoC Consolidated Applicatioh ~ The Florida Assessment Community Treatment (FACT) team began its Collier County operation in 2001. The FACT learn assists clients to maximize their independence, promote self-management of symptoms and prevent unnecessary hospitalization or incarcerations. The FACT team is part of the private Psychotherapeu~ic Services Inc. and receives funding from DCAF and ADMH, and is currently serving 38 individuals. They provide assessment; administer medication and other services to help facilitate community integration. In addition Io these efforts by David Lawrence, the community mental hca/th facility, the Naples Alliance for the Mcata//y /1/ (NAM/), Psychotherapeutic Services and others, more needs to be done to stop the cycle of chronic homelessness. The Hunger & Homeless Coalition will partner with its mental health members, the Lee and Charlotte County Homeless Coalitions, and the SW FL Homeless Coalition to brainstorm mechanisms to provide a regional approach to the chronic homeless in southwest Florida. Options may include developing a Single Room Occupancy (SRO) facility or a Safe Haven. In addition, the annual homeless census coum will be revised and strengthened to help provide a more accurate picture of the chronic homeless, veterans and others. We will also strengthen our relationship with m~in~_ctream and faith based or~v'ani~,ntions in the coming years. Th~ following o ~rgani?~tions have joined the Coalition as members this past year and will go a long way in assisting the Continuum in addressing this issue: Department of Children and Families and the First Assembly of God. The Coalition has also established a good relationship with the loc. al SSA office representative who will continue to work with Coalition members to facilitate client access to benefits. For veterans, the VA Clinic located in Lee County also serves Collier County veterans. Its staff provides outreach services in Collier, but with no local office space has had difficulty being readily accessible to homeless veterans. The Coalition has been proactively seeking a location in Collier County and is hoping to obtain some space from County governmenL - AC-~ENDA ITEM ' FEB 2003 CoC Consolidated Applicati~ff (3) Future Goals. Describe your specific future-oriented goals, and sr~cific action steps for each to be undertaken over the nc.x~ l S momhs in can3ring out a strategy to end chronic homelessness in your community. Spccit\, thc chi/Iv tim! h:~s the lc:~d rc~l?o~sibi{i~ fi~: success or failure in c:~,,.?_i~2g_9.t!~_ c~:h ~!~ and provide specific target dates for completion, Be sure to include among your goals/action steps each of the plans for housing and services mentioned in sections 3.E. and 3.F. Please use the following format..(Add to as needed for addition:~l goals.) Goal: End C'hroni~ Action Steps R~immib~e Targ~ I)~es Ex: Co~ ~~ ~ ~ ~ ~ ~ ~~ ~ J~ 2~ ~ ~b~h b~ ~~ ~ ~ C~ ~ 1: C~r~nate ~on~ ~sion at ~u~ SW ~ Co~ifion for ~ober 2~; approach to add~ss~g confe~me; f~s ~d the Homel~ ~ J~ua~ 2~ ~d ch~c homel~sness ~ SW work ~ups at collaboration with the May 2004 ~ofida queerly ~on~ Ch~o~e, Collier ~d tr~ ~ Co~W Hun~ & Homcl~s Co~tion~ ~ 2: ~c~ the Cents CounW Hunger & Homeless D~ember 2003 Commia~ m~ t~ Co~ifion Census f~quency of '~t Hdp planning p~ of its Count Comm~ Cl~ics' in pa~ne~hip with agenda; VA, SSA, Me~c~ & Dent~ pro~de~ ~clude ~ Con~uum Strate~c Pl~ning p~s DaSd Law.rice M~h 2004 ~ 3: PATH st~ track Center ~ w~ DaSd Lawrence number of homel~s ~ed Center- PA~ that fa the d~mifion of sp~ific~ly d~emine d each out.ach client p~g~ ~aff ~ch~c~. meets definition ~rou~ ~sment p~esa ~ 4: ~c~ outreach ~ C~nW VA Cl~c Veter~s O~o~r 2003 to veter~s ~ wffi e~ablish Admini~rafion Cl~ re~iar ~sits ~ Collier - ~fi Betted, LSW at a set I~ation to ~sis~ homele~ vets with ~cessing ~nefas ~d AGEI~DA ITEIvl FEB I 0 200 2003 CoC Consolidated A~olication K Other Homelessness Goals Chart (I) Please provide a summary of accomplishments made over the past year in addressing your community's other homelessness goals. The Continuum committee and Coalition were able to accomplish the goals they set out for the community last }'ear. The completion of St. Matthews House Wolfe Apartments adds a much- _neoq__ed forty-six (46) unit transitional/permanent housing development in Collier County for homeless individuals and families, including those with disabilitie~ The Shelter for Abused Women opened successfully increasing the number of emergency beds from twenty (20) to forty (40) and adding twenty (20) transitional housing beds to its new state-of-the-art facility. The Coalition and Continuum committee met several times with the Empowerment Alliance of SW FL and Collier County Housing Authority regarding the development of permanent housing for the homeless in lntmokalee. That collaboration and dialogue has resulted in the Exhibit H application they have submitted in this 2003 CoC. While the number of section 8 vouchers has not increased, a~other 2002 goal, the Collier Coumy Housing Authority has become more Im3active in its efforts to advocate for additional vouchers and has really done an excellent job of educating service providers in the community as to how they can assist their clients with housing needs. In addition, thc Housing Authority will be collaborating with Collier County Depar~ont of Financial ,a, dministmtion and Housing to receive HOME Investment Partnerships (HOME) program funds to implement a tenant based rental assistance program in Collier County that will provide additional assistance to homeless individuals and families and those at imminent risk ofhomelessness. The Coalition received a grant from the Community Foundation of Collier County to hire a exmsultant that will guide the Continuum committee through a strategic planning process beginning in July of 2003. Now into its third year, the Continuum has the staff, suptx~ system and membership in place lo determine the needs of the homeless individuals and families in Collier County and to address those needs through a well-planned and structured (2) In addition to the goals for ending chronic homelessuess, please describe any other goals and sp~ific action steps that your community has developed to address homelessness. Specify the entity that has lead r~ibility for can34ng out each step and specific target date for completion. Please use the following format Goad: Other HomeJ ..... Aetio~ ~tei~ Responsible Per~o~ T~ ~ - ~al 1: Compl~e G~t r~iv~ to ~ C~fion ~S~ff ~d Jffiy 2~3- ~r C~fio~C~u~ S~te~c ~t to fac~m~ Co~ 2~3 Pl~ning ~ ~. F~ m~ Fo~fio~Co~t ~h~ for J~7 1,2~3. ~al 2: ~ ~v~fion Creation ~ ~nt~ue to C~ifion C~rdinator ~d July 2~3 - ~ 2~ of ~dmg mm remh ~d apply for more ~d Ag~cy ~ ~al 3: ~velop m~e M ~Ha~fion ~ C~ Em~w~t A!li~ of J~e 2~ ~m~t ho~Mg re~h addifio~ l~fio~ SW ~ ~ web ~ ~pl~ ~w~t ~ F~ ~bly of G~ ~j~t M ~ok~ ~ ~s ~fia F~ As~bly of G~ to ~o~de more ho~g. ~al 4: M~ ~~t ~plmmmfion of ~ ~fi~ ~S J~y2~ ~ ~d S~ of C~ C~; C~fion Pontes ~d ~~ C~ ~agmmt S~ 2~3 Commi~. ~al 5: Compile ~cs on R~ch av~hble ~a CoBi~ ~W Hm M~ch 2~ phyh~ly ~d develo~y S~s ~mt ~ dibbled mdihd~s CoHa~on ~ Sm CommW of Colli~ Co=~ ~al 6: ~prove Adv~cy ~ovide ~g to C~ifion H~g~ & Homel~ J~ 2~ mm~ ~ o~ C~ifion nm~ofim C; Discharge Planning Policy: Not applicable at this time. D. Unexecuted Grants Awarded Prior to the 2002 Continuum of Care Competition: Not applicable. AGENDA FEB 10 2003 CoC Consolidated Applicati°h-- · C:u'e Club Sers~ice: Provides service to the elderly (160 in 2001), any type of dementia, meals, respite care, personal care, prescription management, social interaction. · Catholic Charities Service: Serves mental health needs (1,957 last year), reeds (528), food, eyeglasses, utility assistance, clothing, Elderly, Outreach, Immokalee Outreach · Childc~re of SW FL: Provides child-care (1,339/yr enrolled) (1,535 on waiting list). · City of Naples, Planning Department: Provides home repairs, housing, information, and referrals · COFFO: Service & Housing Assistance, job placement, education, emergency assistance, Immokalee Outreach · Collier Area Transit: Transportation, Immokalee Outreach · Collier County Cooperative Extension Sers~ce: Youth Programs, 4H/Youth (3,000 yr). · Extension Services: Education, nutrition, food safety home buyin§, advice and screening and loan consorlium · Collier County Public School: Education, youth, mental health counselors (200-750 students per counselor annually) Immokalee Outreach · Collier County Housing Authority: Government Housing-Section 8, farm worker housing, Immokalee Outreach · Collier County Department of Financial Administration and Housing: Government Service, Home repairs, mortgage assistance, (SHIP 425/yr), Immokalee Outreach, CDBG assistance m commullity development and housing construction. · Collier County Micro Loan Program: Loans for low-income businesses, lmmokalee Outreach · Collier County Public Health Dept. Government Service Health, Food (5,000/mo), Healthy Families, Healthy Start, farm share, WIC, Epilepsy, Program, Insulin Program, SID Clinic · Collier County Senior Services: Government Service, Elderly (900/yr), Ren/Jmortgage assistance, food · Collier County Sheriffs Office: Law Enforcement, Elderly (See Salt/Triad) · Collier County Sheriffs Office (DRILL): Law Enforcement, Youth (60/yr) · Collier County Human Services: Government Service - 29,000 people served, rem, RX, medical · Collier County Veterans Services: Governmem Service, vets, health c, axe, RX (2,489/yr), service-connected disabilities. Transportation to VA medical appointments (669/yr). · Collier Harvest: Food for non-profits and shelter~ · Collier Health Services Service: Medical (42,000/yr), FIIV/AIDS (130byr), RX, (Marion E. Feather) OB/GYN Clinic, Immokalee Outreach · Collier Housing Alternatives: Non-profit sersdces & provision housing alternatives (Section 811) · Community Foundation of Collier County: Funder & Service, Rental assistance for victi~ of dofiric, g'~~, ITE~' violence (100/yr), technical assistance for non-profits No. / ~ · Consumer Credit Counseling Service, Educa6on (667/yr), home buying and debt counseling F~ 1 [ 200/~ pg. ,~'~ 2003 CoC Consolidmed Applicati°n · David Lawrence Center:. Co~m~unity mental ~ealth provider, substance abuse counseling and treatment, housing and case management. Outreach'drop-in ~i~te~, ACT Immokalee Outreach ($10,000/yr), PATH- Project for Assistcmce in Transition from Homelessness, Supportive housing (22 beds), medical services (RX), detox, education, youth, Outreach drop-in center, FACT- Florida A~ertive Community Treatment lmmolcalee Outreach (10,000/yr) and supportive employment services · Department of Elder Affairs: Service & Ho!r~ing, Elderly, RX (Syr) · Dr. Piper Center:. Elderly, companions, direct aid, foster gran~ Immokalee Outreach · Empowerment Alliance: Works to balance economic and community development through education and t~'ainjng, hou~ng, economic development and community image and pride in Immokalee and eastern Hencby County. · Epilepsy Services: Service, Health, RX, Bicycle & Pedestrian Safety, distributes bike helmets, Immokalee Outreach, medical for seizure disorders and RX for ~m¢, once-a-month clinic in lmmol~alee · First Assembly of God: Faith Based Housing, Transitional housing (Opened 8 Park Model Homes housing 20 individuals) · FL Diagnostic & Learning Resource: Service, Youth with disabilities (626/yr), Outreach System · FL Lutheran Minist,k~s: Service & Housing, Youth emergency shelter (510/yr) 24 beds in Lee County · Guadalupe Family Center:. Service, Childcare, supportive services ($,000/yr), food, clothes pantry, shower room, Immokalee Outreach · Guadalupe Social Services: Service, Food, supportive services, rem assistance, RX, legal, menlal health, education, Immokalee Outreach (5,000/yr) · Habitat for Humanity: Housing, (100./yr/3 bdrm.), in lmmokalec and_ Naples. · Harry Chapin Food Bank: Service, Food pantry · Immokalee Child Care: Service, Childcare (100/yr), Imrnokalee Outreach · Immokalee Friendship House: Service & Housing, Emergency shelter (44 beds, 6 cn~os), food, supportive services, Immokalee Outreach · Immokalee Mulfienitural Multipurpose Community Action Agency: Services including job training, placement, rent & u~i!ity assistance and other support services · Immokalee Non-Profit Housing: Housin~ Immnk~Iv~ outreach · Inteilitran: Service, Transpo~on for disabled (125,000 trips/yr), Immokalee Outreach · Joe Logsdon AIDS Foundation: Support groups, advocacy, food bank, counseling, transpo~fion assistance, massage therapy, acupuncture (120/yr) · Literacy Volunteers: Service - Education (12 l/yr) · Lorenzo Walker Vo-Tech: Service, Education (5,800~r), Immokalee outreach · Maverick House: Service & Housing - Male substance abuse treatment (12 beds) ,'4~,. · NAMI: Service, Mental health, RX (1,300-1,500/yr), Provide support groups for individ,~_~s md ~ngde~ 2003 CoC Consolidated Application (4S0/yr) · Naples Communit~ Hospital: Service, Health, mental health, Health Care System · Neighborhood Health Clinic: ServSce. Health. RX · PACE Center for Girls: Service, Youth. education, menial health (70/yr), Immokalee Outreach · Redland=s Christian Migrant Service: Childcare, education, Immokalee Outreach, Association (980/yr), Charter School. serves K-5 · SALT/TRIAD: Service, Elderly, Outreach · Salvation Army: Service & Housing, Transitional Housing (35 beds), food, childcare capacity (49/yr), support services, rental assistance, utility assistance, clothing, furniture, RX Shelter for Abused Women: Service & Housing, Emergency sheller (40 emergency beds and 20 transitional beds), hotline, mental health, food, legal, supportive service, Elders, rental and utility assistance, relocation, furniture, clothing, housin~ advocacy, Court Outreach, Chikben Outreach, Immokalee Outreach, (7,000/)n') · Sr. Connections: Service, Elderly, food, Outreach, (meals on wheels) (360/yr) · Sr. Friendship Center:. Sendce. Elderly Health. dental (1.500/yr). vision, psychiatric, orthopedic and dermatology · St. Matthews House: Service & Housing. Emergency shelter (122 beds), food, supportive services, rent/utility assistance, RX, clothing, furniture, Outreach · St. Vincent De Paul Society: Service, Rent & emergency assistance. Elderly & disabled food (meals on wheels), clothing, furniture, sas vouchers. · SunIight Home: Service, Housing & Emergency shelter for pregnant women (6 beds), food, supportive services · Veterans Homeless Outreach: Government Service, Vets, transportation, housing mental health, health (70/70, Outreach · WINGS: Service, Housing Adult female substance abusers and providing treatmem (8 beds) · Wolfe Apartments: Service, Permanent Housing for residents transitionm$ out of emergency shelter (46 beds) · Youth Haven: Service, Child Care, infant emergency foster care, (NOTE: CLOSED 25 beds for youth in 2000) Services Planned: Connection to existing services will be significantly enhanced in time with the advent of a more efficient and computerized HMIS system as an adjunct to connecting those in need to appropriate services. How Persons Access/Receive Assistance: Homeless persons learn about community emergency resources primarily through referrals through social service agencies. In some cases, homeless persons are also referred to services by local faith based communities and local law enforcement agencies. In the later case, law enforcement personnel may bring them directly to services. Some services provide transportation to their facility. Services are open to all homeless populations. A~qOA ITEM FEB 1 O 200 4.1.1 CHALLENGE GRANT PROJECT SUMMARY Challenge Grant Activities: The Collier County Continuum of Care Challenge Grant funds requested herein will be utilized to provide direct services to the homeless and at-risk ofhomelessness populations in Collier County. The activities proposed will provide funds for the Collier County Hunger & Homeless Coalition to implement its Homeless Management Information System through the hiring ora systems administrator and final hardware and software purchases. This request is for $82,$00 and is the only project that should be funded at this level. The Coalition is also requesting funds to assist in the provision of direct assistance to homeless individuals through its outreach activities held in conjunction with the Point-in-Time survey and at other times during the year in Naples and Immokalee. The remaining three (3) requests are bom organizations that serve homeless clients in both Naples and Immokalee and need additional funds to purchase food for clients. The changes in the economy have created an urgent need for more food for these programs. These activities are individually described below as well as in the Grant Proposed Activity Reference Table 4.a. These projects, as well as HMIS, would be funded at the ~137,500 level. 4.1 The Homeless Management Information System (HM1S) Project of the Collier County Hunger & Homeless Coalition (CCI-Il-IQ: ($82,500) The CCHHC is the umbrella organization and lead agency who will coordinate the HMIS system as well as providing a systems administrator who will be available to each participating agency to provide on-going training and technical assistance. The CCHHC was awarded Community Development Block Grant (CDBG) funds for HMIS and has also applied to the U.S. Department of Housing and Urban Development through the Continuum of Care process. However, CDBG funds cannot be used for personnel expenses and the implementation time frame for HMIS necessitates that system be in place prior to dispersal of HUD funds, therefore 2004 Challenge Grant funding will he critical to meeting the deadlines imposed by HUD. The homeless population served will be all homeless and at-risk ofhomelessness individuals in the county. The grant term outcome will be the hiring of a systems administrator and choice of software vendor. Long- term projected outcomes will be full participation of all individuals and homeless service providers in the access and use of the HMIS in Collier County. 4.2 The Collier County Hunger & Homeless Coalition: ($5,000) The Coalition also has as part of its mission a goal to provide community awareness of the issues of homelessness as well as the provision of limited, direct assistance to homeless individuals. For the past three (3) years the Coalition has conducted a face-to- face Point-in-Time survey. This past spring, a 'Get-Help' clinic event was added to the survey activity held in both Naples and Immokalee. These clinics were a collaborative effort between multiple agencies and provided homeless individuals with medical and mental health assessments, treatment and referrals; food; clothing and assistance with shelter. Homeless individuals were also provided with hygiene and ftrst-aid kits as well as laminated cards in English and Spanish listing available services. All of this was provided free of charge. The Coalition must raise the funds each year to continue to provide these services and programs to the homeless in Collier County. One of the Continuum's stated goals is to provide the 'Get- Help' clinic more frequently; therefore additional funding must be secured. The homeless population served will be all homeless and at-risk ofhomelessness individuals in thc county. The grant term outcome will be the purchase of supplies necessary to carry out the activities. Long-term projected outcomes will be the successful distribution of supplies and other outreach materials to homeless persons at all events and to gain increased community awareness ofhomelessness through participation in events 4.3 Catholic Charities: Catholic Charities of Collier County is a member in good standing of the CCHHC and an active participant in the Continuum of Care process. The mission of Catholic Charities is to fight poverty, strengthen families and build communities. This organization serves over 20,000 people of varied ethnic, cultural and religious backgrounds each year. The majority of these are below poverty homeless or at risk for homelessness. AC, ENOA I~_~~ FEE) 1,0 , 4.4 4.5 Catholic Charities provides a wide variety of established and effective services such as emergency and direct assistance, prescription assistance, family counseling, elderly outreach, and many more. Programs are designed to assist clients in becoming self-sufficient. Catholic Charities is a COA accredited 501 (c) (3) non-profit faith-based organization. Post-service client satisfaction surveys are used to conduct continuous quality improvement. Between December 1,2002 and June 30, 2003, Catholic Charities served an average of over 300 clients monthly through the food pantry. Demand has increased to the point that expenditures for food purchases have more than doubled on a monthly basis. Catholic Charities of Collier County is requesting the mount of $18,750 to be utilized to purchase food items at the most economical bulk rate available to distribute to Food Pantry clients. Catholic Charities estimates the total number of people who could benefit fi.om this funding for the Food Pantry program is a maximum of 1,172 individuals during the grant term. The grant term outcome is the distribution of food to 95% of clients in the target population or 1,113 individuals. Long-term projected outcomes will be through various means to include monthly peer reviews; monthly progress reports submitted to the lead agency and client satisfaction surveys. Guadalupe Center: Food ($18,750). The Guadalupe Center of lmmokalee is proposing to receive funds to aid the soup kitchen program and feed hot meals to individuals who are hungry and/or homeless. The funds will be used to provide Guadalupe Center's licensed soup kitchen with meal pasta, seasonings, vegetables, fruits, bread, butter, beverages and milk to adults and children. The soup kitchen will serve an average of 240 Immokalee youths and adults a day, ten (10) percent of whom are children under thirteen (13) years old. A survey will be conducted to determine the long-term performance outcomes. The goal is to have eighty (80) percent or more of the hungry and homeless population indicate that their lives have been improved in some way by services offered by The Guadalupe Center of Immokalee including soup kitchen meals, clothing and shower facilities. Shelter for Abused Women: Food ($12,500). The Shelter for Abused Women & Children (SAWCC) is the orfly state certified domestic violence shelter in Collier County, serving over 7,000 victims of abuse and their children annually through residential and non-residential treatment and outreach services. The grant request of $12,500 will be used to pay for flesh food and staples for the Shelter's residents, approximately half of whom are children. Last year, the Shelter housed nearly 450 women and children. Some of the items we provided fi'ee of charge for the residents of this 60-bed facility include: meat and flesh vegetables; staples such as rice, beans, pasta, cheese, pasta sauce, soup, peanut butter and jelly; as well as such hygiene products as laundry detergent, diapers and other paper products. While some foods, such as breads and baked goods, are donated to the Shelter by local stores, most of the above items are purchased by the Shelter for the direct use of its residents, as well as for some non-resident victims ofdomestie violence who are lacking resources and who contact the Shelter for certain of these provisions. The Shelter will measure the successful completion of activities by the number of women and children served. Over the period of the grant, SAWCC estimates it will have provided shelter and food for 225 women and children. SAWCC will also measure outcomes via client satisfaction surveys, which are conducted regularly. A~A ITEM FEI 1 0 200 5. QualiW of Services The Collier County H & H Coalition is comprised of 56 various agencies serving ali of Collier County who collectively support the mission of the coalition, which is "to support the planning, delivery and coordination of high quality services to the hungry and homeless of Collier County". Continuum Governance Slructure The Collier County 2003-2004 Homeless Continuum of Care (CoC) covers all jurisdictions in Collier County Florida including Naples, Everglades City and Marco Island as well as the unincorporated areas including Immokalee and Copeland. The Lead Agency, the Collier County Board of Commissioners has primary responsibility for the CoC grant planning, application and administration of awarded projects. Participation in these efforts across the community include formerly homeless ifidividuals and veterans as well as representatives of government from Collier County Department of Financial Administration and Housing, Collier County Human Services and the City of Naples Planning Department as well as the county Sheriff's department. Other continuum participants are nonprofit and for-profit organizations, veteran's service organization, housing organizations, businesses and local foundations. The Coalition has subcommittees for the following areas: Steering, case management, legislative, grants, Continuum of Care, HMIS and homeless awareness. Attached in the appendices is the meeting schedule for the Coalition and Continuum of Care for 2002-2003. Decision Making Process At the September 2002 meeting of the Collier County Hunger and Homeless Coalition it was announced that agencies should begin to develop their plans for housing and support services for the next round of Continuum of Care funding. The membership of the Hunger and Homeless Coalition was reminded at each monthly meeting about the Continuum process and how their individual agencies could participate. A consultant was hired to provide a series of training sessions called CoC 101. These were well attended and prepared applicants for the upcoming application process. In the 2003 cycle a separate grant application review committee was established to review the proposals. In 2002 it was determined that the CoC steering committee would review and rank the applications with each agency on the CoC steering committee having one vote. The rating criteria was the same as in 2001 and included leveraged resources, project feasibility, collaboration and organizational capacity. See the attached ranking sheet for 2003. Each agency was asked to provide a presentation to the steering committee. There is then an opportunity for questions and answers with each agency representative completing a ranking sheet. Upon completion of the presentations each agency will cast their vote to rank the three proposals. The ranking criteria were as follows: Evaluation Component: Has the applicant taken a comprehensive and critical look at the program, assessed what was learned and made appropriate program adjustments? (I 0 points) Explicit link to NOFA Goals: (10 points) Leveraged Resources: Has the applicant demonstrated that it has gathered resources over and above the money requested from HUD? .(30 points) Collaboration: Has the applicant demonstrated how the program/housing activity is related to other activities/strategies taking place in the community and will work in coordination with other providers/programs/housing? (20 points) Relative Impact on Percent of Homeless Population Served: Percentage of people affected relative to the overall homeless sub-population targeted. (5 points) Project Feasibility: Is it likely that funding will result in completion of the project? (5 points) Accessibility of Project: Where services are located and how available to homeless populations targeted. (5 points) Knowledge of Target Population: Ability to document the needs of the homeless ~d co~s~xl~l~ I~ FEB 1sO 200 services to meet those needs. (5 points) · Organizational Capacity: Does the applicant have access to staffing and administrative resources necessary to successfully implement the planned activities and manage the grant properly? (10 points) In addition, the Review Committee determined that renewals would be examined under the APR information provided to HUD to determine if the project is being operated in an effective manner, performing satisfactorily, and addressing the need(s) for which the project was funded. Each member of the Review Committee had one vote. After applicant presentations, each voting member completed a scoring sheet. A tally of the votes determined final ranking. There were no complaints received regarding this CoC process. All meetings are announced at monthly Coalition meetings and faxed to all member agencies and are open to anyone interested in attending. The Coalition maintains minutes of ali meetings; as well as each committee maintains separate meeting minutes. 3. Evaluation of Services The continuum has adopted a standard customer quality satisfaction survey and evaluation tool developed by the Case Management Committee for use in all components of the CoC. In fulfilling our mission for the delivery of high quality services the Coalition determined that a coalition wide customer satisfaction survey would be developed in the next 90 days with the input of each agencies continuum's next step is to compile the data for use in the on-going CoC process development as well as to ensure that maximum high quality services are the standard of each Coalition member. 4. Performance Measurement The continuum has established written measures of performance for each component of its CoC for the reporting period ending June 20, 2003 based upon performance measurements and goals that were established in the 2003 CoC Exhibit I submittal. 5. Participating Parties in the Continuum Planning The continuum has participation of ali of these entities, but not at every meeting. The CoC met its goal to obtain active participation by a member of the regional workforce board, the hospital, the school district, and the information and referral services provider. The Coalition Coordinator will be proactive in meeting with each of these target members to educate them about the continuum as well as the Coalition and gain their membership. Throughout the year, the Coalition holds monthly meetings, which integrate'countywide homeless assistance programs and hosts' periodic public awareness projects, which broaden support. The other entities listed have all been consistently participating in the continuum and with designated representatives. They have attended at least half of the meetings. Currently, the continuum has no formal memoranda of agreement, but it does have an understanding of the level and scope of participation expected fi-om each entity involved. 6. Serving the Homeless in Emergencies Each member agency has emergency plans in place for its' clients and works with one another as well as the Collier County Department of Emergency Services to address and plan for natural disasters. The County's newly hired Emergency Services manager will be the guest speaker at the October Coalition General Meeting. Currently County emergency shelters and other types of housing for homeless residents are not designated as hurricane shelters with one exception being Immokalee Friendship House, which is located sufficiently inland. Homeless housing service providers are encouraged to go to a proper shelter during hurricane warnings applicable to their location. Outreach workers and local police and sheriff's officers get the word out to the street and camps and provide wansportation. A list of the current designated shelters can be foun~ im ti~eA~K~DA II'~.,~. of local phone books. No. FEB 1 0 7. Training Several training sessions for provider organizations and Coalition members are provided during the year. In conjunction with the monthly Collier County Hunger & Homeless Coalition meetings, guest speakers are always attending to train and educate the members on a current topic or issue. A major training session is held each year in conjunction with the HUD Continuum of Care Grant application period. This year the Coalition sponsored a series of Continuum 101 training sessions for the Coalition members and the public to learn about the grant. These were held in November & December 2002 and January 2003. The Coalition has a record of all training sessions held and who attended. 8. Statewide Initiatives These are issues the Continuum will need to address during the next year. 9. Standards of Care The continuum's Case Management Committee worked diligently to put together a Standards of Care book that will be adopted as a Continuum wide standard of care policy. The CoC plans to share this book with all Continuums through the Florida Coalition on Homelessness. 10. Mainstream Program Benefits As a small community in which all providers know one another and currently refer clients to one another to maximize their access to benefits, the continuum has adopted a written strategy as part of its Standards of Care book. 11. Point-in-Time Survey The CoC has conducted a survey for the last two consecutive years to define the homeless population in Collier County. (A copy of the 2003 survey instrument is attached). Team Leader orientation for the survey was held on February 5, 2003. A general orientation for all volunteers was held on February 5 and 7, 2003. The survey itself was conducted for 36 hours commencing at 6:30 a.m., February 21, 2003and ending at 4:30 p.m. on February 22, 2003. All individuals surveyed were provided a laminated card listing local service agencies in Collier County and a hygiene pack. The survey was conducted at local shelters, at labor pools, in camps and flophouses, as well as on the street. 12. New or Expanded CoC Catchment Areas Not applicable AGENOA I'I'~M 14_, I FEB 1 0 200q EXHIBIT 3 QUALITY OF SERVICE: CERTIFICATION BY LEAD AGENCY For the repoding period beginning July 1,2002 and ending June 30, 2003, the following statements are true anL accurate for our continuum of care and that all evidence and documentation to support these claims are maintained on file with the lead agency. Quality 1. of Service Indicators Continuum Governance Structure a. Has the COC formally created a governance structure or decision making body? '~ Yes No b. Does the governance body consist of members from each of the foilowing four sectors: private business, local government, homeless or formerly homeless persons, and religious or faith-based organizations? )(. Yes No c. Are there written policies and )rocedures that define the composition and structure of the governance structure, including the process to '~cruit and select its members? Yes No d. Does the governance body h~ ,e written policies and procedures to guide its decision making? Yes No e. Has the governance body me{ ,al least once during each quarter of the reporting period? Yes No 2. Decision Making Process a. Does the continuum have adopted, written procedures, and selection criteria, to guide the process o: selecting activities or projects to/be considered for funding allocations? _~ Yes No b. Is there a formal, written proce§s ~'d"~pted whereb~'~ns of the governance body or continuum may be appealed? ._~ Yes No c. Does the continuum operate"i~ihe sunshine," noticing meetings to all interested parties and allowing public access to all meetings? ,~ Yes No d. Does the governance body or the continuum maintain written minutes or an equivalent record of actions taken by the body at al~eetings? /k, Yes No 3. Evaluation of Services ao bo Has the continuum adopted a standard customer satisfaction survey, quality assurance standard, or other evaluation tool for use in,ail components of the continuum of care? Yes No Have all of the participating agencies in the continuum used the standard customer satisfaction survey, or quality assurance standard"~ Yes No / · Were the survey responses, or quahty assurance reviews analyzed and compiled summary repod to the lead agency? Yes ..~ No Did the continuum or its governance body adopt recommendations or implement( of the review of the survey responses, or quality as~kur/ance reviews? Yes '~' No ~nto a~ rrrd~ 4. Performance Measurement a. Has the continuum adopted written measures of performance for each component of its continuum of care? ..~ Yes No b. Does the continuum apply th~,,~/performance measures to all agencies participating in the continuum? ./~ Yes No c. Have all the agencies reported their performance using the adopted measures during the reporting period? y Yes No d. Has the continuum adopted any recommendations or implemented'actions as a result of the performance measurement during the reporting perto,~? Yes-/'~.. No 5. Participating Parties in the Continuum Planning Have all of the following entities participated in at least one planning session, or served on a planning committee, or submitted written comments in the planning process for developing your continuum of care plan? .X Yes No (1) public housing authority (2) community mental health provider (3) regional workforce board (4) law enforcement agency (5) hospital (.6) local school district (7) veterans service agency (8) county health department (9) primary health care provider (10)public defender's office (11)substance abuse service provider (12)information and referral services provider b. Has there been a fixed representative designated by each and every one of the above entities to work with the continuum? Yes X No c. Have all twelve designated representatives attended at least half of the continuum's planning meetings during the reporting period? Yes ,.X No d. Does the continuum have in place memoranda of agreement or other formal relationships with all of the above entities to guide information sharing among,,t,,¥ participating parties? Yes /'~ No 6. Serving the Homeless in Emergencies Has the continuum adopted written plans for responding to the needs of homeles~ emergencies, including cold w,,~ather, heat waves, tropical storms and hurricanes~ No. //~ Yes No / - FEB 1 0 Does the continuum's plan provide for sheltering of all homeless people reasonably likely to need and seek shelter during the emerge~n/cy event? ,2~ Yes No Does the continuum's plan address how all segments of the homeless population are to be transpo to the emergency shelter when the emergency exis~s~ Yes .,,"~ No Has the continuum's adopted plan been adopted by the local government emergency management agency as pad of the community's emergency mana,~ment plan? Yes ~ No Training a. Did the continuum provide or facilitate training targeted to the direct or line service workers of participating agencies on serv~c,,~,provision to the homeless? ,/k,. Yes No b. Did the continuum maintain a regular or fixed calendar of training sessions, noticed to all participating agencies, for the reporting perch, C? Yes No ,/\ 8. Statewide Initiatives a. Has the continuum adopted a written plan to address the availability of housing for and referral to such housing of sexual offenders discharged from correctional facilities into the catchment area of the continuum? s~eg Yes No b. Has the continuum succeeded in carrying out its y for ending chronic homelessness, as detail~. in its 2002 CCC plan narrative? \/ Yes ~ No c. Has the continuum established formal, adopted p s to ensure that the local homeless management information system will be linked to th~/?.-1-1 information and referral phone system? Yes~ No 9. Standards of Care a. Has the continuum adopted written standards of care to specifically address the provision of emergency shelter?. ,/ /X,~. Yes No b. Has the continuum adopted written standards of care to specifically address the provision of transitional housing? ./X, Yes No c. Has the continuum adopted written standards of care to specifically address the provision of permanent supportive housing? ~ Yes No d. Has the continuum adopted written standards of care to specifically address the provision of supportive eo services? Yes No Has the continuum adopted written standards of care to specifically address the pr~ prevention services? '/~ Yes No els io nA~l~ ~¢~'~s FEB 1 O 2006 f. Has the continuum adopted written standards of care to specifically address the provision of outreach related services? . Yes No g. Has the continuum adopted written standards of care to specifically address the provision of aftercare or follow-up services for persol~:~ leaving continuum of care facilities? ~ Yes ' No h. Has the continuum adopted written standards for ~ c-'~'~'ection and sharing of information, including confidentiality of clients and s~,c~ity of information? Yes No i. Has the continuum adopted written standards to address the rights of homeless clients, including terminations, evictions, and gA~yances? ~ Yes No j. Has the continuum adopted v~tten standards to address the provision of case management services? Yes No 10. Mainstream Program Benefits a. Has the continuum adopted a written strategy to identify homeless persons who are eligible for "mainstream" supportive service programs, including food stamps, Medicaid, SSI, and Temporary Assistance for Needy Familie~ /'\ Yes No b. Has the continuum adopted ~vritt'en procedures to assist the homeless in enrolling in these "mainstream" programs? ,~ Yes No c. Has the continuum adopted a written strategy to ensure the homeless receive the assistance from each program in which they are enn;t~d? Yes No d. Does the continuum collect and maintain data on the number of homeless persons enrolled in and receiving assistance from each of the "mainstrears,"j~rograms? Yes .,,~ No 11. Point-In-Time Survey a. Has the continuum conducted within the period of July 1,2001 and June 30, 2003, a point-in-time survey to define the homelesskpo,,pulation within its catchment area? .~ Yes No b. Did the continuum use the standardized point-in-time survey instruments endorsed by the Council on Homelessness in September~00?.? ~ Yes No c. Does the continuum have a Written policy adopted, which will require conducting point-in-time surveys no less frequently than every,ktw~ years? . ,,X,, Yes No d. Did the continuum administer'the'point-in-time survey at all local homeless provider agencies in its catchment area? ~ Yes No e. Did the continuum administer the point-in-time survey in a manner to capture a count of those persons who may not be sheltered, or being served by agencies (i.e., those on the street, Ii I~lg I~ L44~j41~trjT[.~ locations, cars or other vehicle~ ~or doubled up living with families or friends)? Yes No Boes the continuum provide t'raini~g and instruction to those carrying out the surve methods to be used? X Yes No onl prb r 00 12. New or Expanded CCC Catchment Areas ac Is this application submitted on behalf of a continuum of care, whose catchment area was not designated by the Office on Homelessness as a designated continuum in the FY 2003 Challenge G. application instructions? .~. Yes No -OR - (1) Has the catchment area of the continuum been expanded to include at least one additional county, since the designation of the continuum's catchment area in FY-2003 by the Office on Homelessness? r'~an Yes No (2) Does the $137,500 budget for this Challenge t include funding activities or uses within the new county(s) added to the catchment area? %,,. Yes ~' k, No Lead Agency Certification I hereby attest that the above statements are true and accurate, based upon evidence and documentation on file with this lead agency on behalf of our continuum of care. Name of Continuum of Care: .~-~ ~X~\*x~' Name of Certifying Official:'~%"~', % ~ Signature of Codifying Officia Date Signed: ~;;;~"~'t'~t'~'~t"~ ~.'k'~ '~), FAILURE TO PROVIDE AN ORIGINAL SIGNEB CERTIFICATION FOR QUALITY OF SERVICE, SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE QUALITY SERVICES PREFERENCE CRITERIA. AGENOA I'IT~ j FEB 1 O 200 6.1.1 EXHIBIT 4 LEVERAGED FUNDING A. McKinney-Vento Homeless Assistance Act Program 1. Homeless Veterans Reintegration 2. Health Care for the Homeless 3. PATH Grant Grant Amount $ $102,000 4. Education for Homeless Children 5. Emergency Shelter Grant 6. Shelter Plus Care 7. Supportive Housing Program 8. Supportive Housing Program 9. Section 8 Moderate Rehab., SRO 10. Emergency Food & Shelter $48,450 $200,000 $ $339,000 $227,000 $ $46,546 TOTAL GRANTS $.962,996 B. Private Cash for Services to Homeless Persons Participating Continuum Agency 1. Guadalupe Center 2. Shelter for Abused Women 3. Catholic Charities Cash Received $600,000 $875,000 $109,643 TOTAL PRIVATE MONEY $1,584,643 TOTAL LEVERAGE CLAIMED A. McKinney Act Grants B. Private Money $962.996 $1,584,643 TOTAL LEVERAGE $2~547~639 Grant Award #/Reference Date of Grantor Executed Award Letter 93-150 RSA#SM-03-F2 07/01/03 1 I0-B1273 ' 02/07/03 HFL08 08/06/02 FLI4B20-6002 4/28/03 FL14B20-6001 4/24/03 LRO- 1590-00 4/22/03 Source Documentation Letter of Certification Letter of Certification Letter of Certification AGENDA ITEM FEEl 1 0 2006 , Lead Agency Certification: I hereby attest that the above sources of grant and private money claimed as leverage for this Challenge Grant application, is t~-ue and accurate, and that the lead agency has documented the receipt of the grant award(s) and private money leveraged by their continuum of care. Name of Lead Agency: Collier County Board of Commissioners Name of Certifying Official: Jim Mudd Title/Position: County Manager Signature of Certifying Official: Date Signed: September 8, 2003 Leverage Ratio Calculation: $2,547,639 + 251,377 = $10,135 /1000 population Total Leverage Claimed + Population of Catchment Area = Ratio Divide the total leverage claimed by the total population of the catchment area, rounded to the nearest 1000 population, to calculate a leverage ratio expressed in dollars and cents per every 1000 population of the catchment area. NOTES: 1. To be eligible to be claimed as leveraged funding the grant award must have been executed, or the private money received, between the dates of July 1, 2002 and June 30, 2003. 2. If more than one grant award was received for a specific McKinney Act grant, use more than one line, reflecting each grant award separately, specifying the McKinney Act Program for each line used. FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION ON LEVERAGE IN THE GRANT APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST BY THE REVIEW TEAM ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA. FEB I 0 2004 pg.__. 'K///' EXHIBIT 4 LISTING A. McKinney-Vento Homeless Assistance Act Grants 1. PATH Grant to the David Lawrence Center 2. Education for Homeless Children to Collier County Public Schools 3. Emergency Shelter Grant to Shelter for Abused Women & Children 4. Supportive Housing Program Grant to Shelter for Abused Women & Children 5. Supportive Housing Program Grant to St. Matthews House/Wolfe Apts. 6. Emergency Food & Shelter Grant to United Way of Collier County $102,000 $ 48,450 $200,000 $339,000 $227,000 $ 46,546 B. Private Cash 1. Guadalupe Center 2. Shelter for Abused Women 3. Catholic Charities Private Donations Private Donations Private Donations $600,000 $875,000 $109,643 AOENDA fFEM ~ 1 0 200 7.1.1 EXHIBIT 10 CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION From your Homeless Population and Subpopulation Chart~ enter the total estimated needs~ expressed in the number of homeless persons~ for both "individuals" and "persons in families with children." Total these two figures for a total estimated homeless population. Homeless Population Estimated Need A. Individuals 626 Persons B. Persons in Families with Children 64 Persons TOTAL 1690 ]Persons Population of your Catchment Area. Using the data from the 2002 Census in Exhibit 5, calculate the population of your catchment area. County in Catchment Area 2000 Population A. Collier 251,377 Co TOTAL POPULATION 251,377 I Calculate your continuum's estimated homeless population per every 1000 population. Divide the total number of homeless persons by the total population of your catchment area, rounded to the nearest 1000 population. Divide Total Estimated Need 690 homeless persons by population of catchment area 251,377 to equal 2.749 homeless persons/1000 populations. NOTE: Round the number of persons to the nearest hundredth of a person. Source of Estimated Need Data. XX Homeless Population Chart on file with Office on Homelessness as of July 15, 2003. Amended Homeless Population Chart, as attached, with supporting narrative on the methodology used. Lead Agency Certification: I hereby attest and certify that the above data is l~ue and accurate; that the above data on estimated needs is based upon a gaps analysis which uses data that (1) represents the housing need for homeless persons in the catchment area on any given night; (2) is not adjusted through the use of multipliers or other means; (3) is derived directly from street counts, 'point-in-time surveys, homeless management information systems, service provider agency records, or other similar empirical methods; (4) includes only persons who are homeless according to the operational definition ofhomelessness used by HUD; and, (5) represents an unduplicated count or estimate to the greatest extent possible; OR that the data reported is based upon an adjusted estimate of housing needs adopted by the continuum of care, which meets the above five data requirements. Name of Lead Agency: Collier Coun _ty Board of Commissioners Name of Lead Agency Certifying Official: Jim Mudd, County Manager Signature of Certifying Official: e ,, ~ Date Signed: September 8~ 2003 ~C~-mDA ~TE~ no. FEB I 0 2004 8. PERFORMANCE MEASURES 8.1.1 Collier County Continuum of Care Homeless Challenge Activity Performance Measure Summary All activities of the Collier County Continuum 2004 Challenge Grant sub'mission have measurable outcomes. The reporting point for outcomes of the grant activities, which must be completed by June 30, 2004, is projected for ninety days following the deadline or such other date as established by the state contract. The grant period and long term outcomes for Challenge grant activities is shown in Table 8a following. The Collier County Hunger & Homeless Coalition (CCHHC) will report its success on the HMIS process through ~..e,,d~esi~,gn of the .syste.,ms administ~a. !?r positio.n and. s.u.ccessful implementation of it~ H3~.S project. The CCHHC ltl rurmer report on me success or ~ts outreacA activities through the amount of direct assistance provided to homeless persons, as well as the participation level of the community. Catholic Charities will monitor and report on their programs through its ability to meet the nutritional needs of an estimated 1,172 homeless clients. Guadalupe Center will monitor and report on its soup kitchen program through its ability to feed 6,000 homeless individuals. The Shelter for Abused Women & Children will monitor and report on its program performance through the number of women and children served, estimated to be 225 during the grant term. 8.1.2 Table Sa: CC 2004 Homeless Continuum Challen ',e Activ Performn Activity Number Provider/Activity Performance Outcomes from Project (ST) Summary List Short Term- funded period (LT) Long Term 4.1 Collier County Hunger & Homeless ST: $82,500 HMIS system administrator Coalition Homeless Mgmt. Information job design and implementation and System (HMIS), System Personnel and sof~vare purchase recommendation Hardware/Sofl~vare Expense completed LT: HMIS process participation by all H&H Coalition members 4.2 Collier County Hunger & Homeless ST: $5,000 to purchase supplies for Coalition Outreach Activities outreach activities including Point-in- Time Survey, 'Get-Help' clinics and Holiday Vigil LT: Items dis~buted to homeless persons at ali events and increased community awareness ofhomelessness through participation in events 4.3 Catholic Charities Homelessness Supportive ST: $18,750 in food purchased/distributed Services Program; Food and post-service consumer satisfaction survey LT: 95% of 1,172 or 1,113 individuals assisted through the food paatry 4.4 Guadalupe Center Homelessness ST: $18,750 in food purchased/distributed Emergency Supportive Services Program; and survey Food LT: Distribution of 20,737 meals through the soup kitchen 4.5 Shelter for Abused Women & Children, ST: $12,500 in food purchased/distributed Homelessness Supportive Services; Food LT: 100% of estimated 225 clients assisted will have access to transportation for critical appointments AC-d ~I:)A ITEM FEB 1 0 2006 Table 9a: Collier County Continuum 2004 Ability to Complete Activities Task I Activity Notes October December March June Category I Identification of Homeless Individuals CC H&H Coalition N/A CC H&H Coalition N/A Catholic Charities Current Clientele Guadalupe Center Current Clientele Shelter for Abused Current Women Clientele Task [ Activity Notes October December March June Category I Selection of Providers CC H&H Coalition N/A Software vendor Sign Hire Systems HMIS HMIS presentations contract Administrator implementation taking place in with vendor in progress - October/November completion in August CC H&H Coalition N/A Determine Purchase Determine Purchase Outreach amounts of supplies for amounts of supplies for 2 supplies needed Candlelight supplies 'Get-Help' Vigil and needed clinic Point-in- Time- Survey/'Get- Help' clinic Catholic Charities Existing contacts Guadalupe Center Existing contacts Shelter for Abused Existing Women contacts Task [ Activity Notes September- December March June CategoryI October Agreement with Subrecipient Collier County BCC contracts will be drawn once Challenge Grant Contract is negotiated with DCF CC H&H Coalition ,, CC H&H Coalition - A~A ITE. Catholic Charities Guadalupe Center - Shelter for Abused " FEl~ Women & Children Task I Activity Notes September- December March June Category[ October Supplier Contracts CC H&H Coalition To Be Determined CC H&H Coalition To Be Determined Catholic Charities Existing PO Guadalupe Center Existing PO Shelter for Abused Existing PO Women Task I Activity Notes September- December March June Category[ October Draw Down Schedule CC H&H Coalition X X X CC H&H Coalition X X X Catholic Charities X X X Guadalupe Center X X X Shelter for Abused X X X Women & Children Task I Activity Notes September- December March June CategoryI October Gather~ Report Final Report 1N Interim 2~ Interim Outcomes Not later Report Not Report Not than 9/1/04 Later than Later than 3/30/04 6/30/04 CC H&H Coalition " CC H&H Coalition ,, . Catholic Charities ,, Guadalupe Center - Shelter for Abused - . . Women & Children FEB 1'0 2006 APPENDICES FEB 1 0 200~1 2003 CoC Consolidated Application' 4. Continuum of Care: -) Housing Gaps Anal~,sis Chart Inventory in Development in 2003 2003 Unmet Need/ Gap Individuals Example ]~mergency Shelter 100 40 26 Emergency Shelter 144 0 196 Beds Transitional Housin~ 20 33 135 Permanent Supportive Housin$ 22 33 95 Total 186 66 426 Persons in Families With Children Emergency Shelter 86 0 117 Beds Transitional Hous~ 67 12 109 Permanent Supportive Housin[~ 0 12 34 Total 153 24 260 Continuum of Care: Homeless Population and Subpopulations Chart Part 1: Homeless Population Sheltered Unsheltered Total Emergency I Transitional ,, Example:. 7~ (A) ~25 (A) 105 (N) :305 l. Homeless Individuals 218 14 394 626 2. Homeless Families with Children 20 4 0 24 2a. P~:mns in Homele~ Familie~ 53 11 0 64 with Children 271 25 394 690 Total (lines 1 + 2a) Part 2: Homeless Subpopulations Sheltered Unsheltered Total 1. Chromcall¥ Homeless 31 95 126 2. Seriously Mentally Ill 30 3. Chronic Substance Abuse g9 4. Veterans 37 5. Persons with HIV/AIDS 3 6. Victims of Domestic Violence 33 7. Youth 44 27 AC.,rO~A rrEM FEB 1'0 200 2003 CoC Consolidated Application' ~ the dates and main topics of your CoC plmming meetings held since June 20cr2, which should d~nonstrate that t~e~~ n~eeL~n~s (both plenary and commitw¢'} ~,r¢:_(l) regularly scheduled; (2)_held year round; and (3) not solely focused on developing an application in restxzase to the NOFA. c. Table of Collier County Hunl~er and Homeless Coalition Steering Committee and Coalition S1eerin~ Committee & General Membershi Date of Meeting Topic of Meeting June 4, 2002 Collier County Hunger & Homeless Coalition Steering Committee: Coordmator position 0ob description) approved for advertisement. Officers were elected. 2002 CoC application status. Confirmed thru would be no Jul.~ meeting instead HUD is presenting an HMIS technical assistance workshop on July 9~ at SL Matthews Hctuse. Six (6) agencies were represented. June 4, 2002 Collier County Hunger & Homeless Coalition General Membership Meeting; Report of Steering Committee given, Continuum of Care report presented and status of coordinator position for the Coalition Discussed the formation of a formal }'[MIS committee; discussed the scheduling of CoC 101 training seminar in September, discussion regarding asking the County to become Lead Agency. Twenty-five (25) agencies were represented. August 6, 2002 Collier County Hunger & Homeless Coalition Steering Committee: CoC discussed the frequency of CoC Committee meetings. Discussion of the State Challenge Grant application. Selection of applicants for Coordinat_or position was narrowed. Six (6) agencies were represented. August 6, 2002 Collier County Hunger & Homeless Coalition General Membership Meeting: Forming of the HMIS committee; Discussion of the State HAG gram; HUD presentation on "The Heartbeat of Rural Florida; Further regarding the County becoming CoC Lead Agency; additional outreach and community involvement in CoC. Legislative and Grant Committee reports presented. Twenty-one (21) agencies were represented 8-6-02. September 3, Collier County Hunger & Homeless Coalition Steering Committee: Newly h/red Coalition 2002 Coordinalor introduced. Development of legislative committee; expansion of membership to include business leaders; developers and healthcare providers, Collier County Sheriff's Office; formation of a grants committee; divided the Homeless Count committee into two, one to focus on preparing for the 'Point-in-Time' Survey and one to focus on Homeless Awareness; filling of Coalition Vice-Chair position. Six (6) agencies were represented. September 3, .Collier County Hunger & Homeless Coalition General Membership Meeting: Newly hired 2002 Coalition Coordinalor introduced to Coalition membership; Upcoming HMIS meeting will have Dr. Lounsbury and Richard Faris as speakers; Submitted State Challenge Grant application with 10 agencies submitting projects for total of $250,000 and State HAG for $745,500; Homeless Count committee decided to appoint Co-chairs, one in Naples and one in Immokalee, to better represent the dichotomy of each community; CDBG application deadlines announced. Legislative and Grant Committee reports presented. Nineteen (19) agencies were represented. October 1, 2002 Collier County Hunger & Homeless Coalition Steering Committee: Review of last HMIS committee meeting and announcement of upcoming meetings with software providers; discussion of Lead Agency (pros and cons) letter from Collier County FA/q; Vice-Chair elected; establishment of P.O. Box for H&H; CCPS Homeless Liaison. Seven (7) agencies were represented. October 1, 2002 Collier County Hunger & Homeless Coalition General Membership Meeting: HMIS Listserv; CoC 101 Workshop in Nov. (paid by a grant from the CFCC); Establishing joint county committee meeting on Chronic Homelessness; Homeless Awareness Comn inoe announced 11/17-23 National Homeless Week; Homeless Count committee formin ; first ACE DA meeting; Guest Speaker: Dr. Beth Garris-Hardy from SERVE presented on Homel~ ss No. ChildrerL Legislative and Gram Committee reports presented. Twenty (20) agencl .'s were representexL FEB 0 200t 7 2003 CoC Consolidated Applicati6n ' · ' Date of Meeting .... ~: ToPic of Meeting November 5, Collier County Hunger & Homeless Coalition Steering Committee: Clarification of David 2002 Laxvrence Center as a member of Steering Committee; State HAG grant awarded for $745,500 for First Assembly of God Transitional Housing program; State Challenge Grant was not funded; CC was voted in to become CoC Lead Agency. Nine (9) agencies were represented. November 5, Collier County Hunger & Homeless Coalition General Membership Meeting: Four new 2002 member agencies announced; new member of Steering Committee; Case management new co-chairs announced; Coalitien Chair and Coordina!or conducted two (Naples and Immokalee) homeless client focus groups to determine the additional service needs of clients. Legislative and Grant Committee reports presented. Legislative and Grant Committee reports presented. Twenty (20) agencies were repres6nted. December 3, Collier County Hunger & Homeless Coalition Steering Committee Meetin~ Treasurer's 2002 report was read with the recommendation that a laptop computer and financial management soft,are be purchased to manage Coalition funds and the State Housing Assistance grant re- cap of CoC 101 workshop held on November 7t~ presented with reminder of the two additional workshops planned for January. Meeting notes from November 22~ SW FL Coalition for the Homeless Quarterly meeting reviewecL Discussed the CDBG grant application for the HMIS project. Application review will take place on December 12a' with recommendations to the Collier County BCC in April. Case management committee members were identified and a first meeting date was established. Homeless Recognition ComraJtte~ Co-Chair reported a proclamation request from the County Commissioners was ready to be submitted in support of National Homeless Persons' Memorial Day on December 21'~. Re-cap of National Hunger and Homeless week activities - received good local press coverage. Six (6) agencies were represented. December 3, Collier County Hunger & Homeless Coalition General Membership Meeting: Dates were 2002 established for Homeless Count (2/21 & 22). Final plans for the Candlelight Vigil (12/19) were announced; Catholic Charities ED accepting an official proclamation from the CCBCC in recognition of 'National Homeless Person's Memorial Day'. Announcement of 'Get Help Clinic' during Homeless Counl and co-chairs. Legislative and Grant Committee reports presented. Twelve (12) agencies were present. January 7th and Collier County Hunger & Homeless Coalition Steering Col'nmitlee: CoC 101 Workshops/I January 14, 2003 &/tl to take place January 7th instead of Genera/Membership meeting and also on January 28~. Members announced at 51. Case management committee met first time on 12/16; goals lo have written standards of Care. Approximately 130 people attended the Candlelight Vigil with good press. Seven (7) agencies were represented. February 4 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting' Discussed the importance of the CoC as a year-round process. Recommendation that COALITION Steering Committee become the CoC Committee for the next six months until formal leadership established. Consultant from CFCC attended to gain input and begin development of plan for CoC Strategic Planning Process. D & O insurance quote approved; Announcement of upcoming grant writing workshop with Chris Talcott-Roberts and Steve Kirk in March in lmmokalee. Approval to proceed with United Way membership application. Eight (8) agencies were represented. February 4, 2003 Collier County Hunger & Homeless Coalition General Membership Meeting: HMIS Core group agencies were announced. Homeless count training workshops announced; plea for funding for hygiene kits; new member announced bringing total to 52 agencies; announcement of new Chronic Homelessuess NOFA. Legislative and Grant Committee reports presented. Legislative and Grant Committee reports presented. Twenty-two (22) agencies were represented. FEB 1 0 200 P~.~ 2003 CoC Consolidated Application Date of Meeting Topic of Meeting March4, 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: CoC Committee met and is reviewing HUD's evaluations of the 2001 and 2002 applications to detcrnfine areas for improvement; Coalition meetings will rotate to Immokalee quarterly; Application submitted to the Commun/ty Foundation of Collier County for CoC Strategic Planning Consultant; United Way membership application submitted; Results of Homeless Count announced; HAG contract approved and signed between Coalition and FOG; issue of membership clues discussed; Opening of second Coalition bank account for grant administration approved. Eight (8) agencies were represented. March 4, 2003 Collier County Hunger & Homeless Cn_a!ition General Membership Meeting: HMIS Core group committee report presented; HMIS TA workshops in Sarasota announced; one additional member announced; Draft Action Plan complete'and available for public comment; re-cap of Get Help clinics provided (125 individuals served); detailed homeless count repor~ provided; CCHA ED was guest speaker presenting updated information on Section 8. Legislative and Grant Committee reports presented. Seventeen (17) agencies were represented. April 1, 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: Review of the March 44 Grant Writing workshop; CoC 2003 preparation - discussed leverage and mains~tream fundinK, United Way formal inter~riew for Coalition membership has been requested; First draw-down received for State HAG grant; Received a grant from the CFCC for COC consultant fees; Issue of membership dues are continuing to be researched; up coming meetings will experiment with available technology to increase access by members located outside of Naples proper. Five (5) agencies were represented. April 1, 2003 Collier County Hunger & Homeless Coalition General Membership Meeting: CoC preparation discussed and CoC Committee Chair requested additional members to the committee; requested interest in applying for 2003 CoC funds; Re-cap of HMIS TA workshop presented; Legislative committee expressed need for membership to contact local legislators regarding the proposed elimination of some State Homeless funding; summary of Homeless Count submitted to membership; ED of CBIA was guest speaker spoke about barriers to affordable housing and raising the level of awareness. Legislative and Grant Committee reports presented. Eighteen (18) agencies were represented. May 6, 2003 Collier County Hunger & Homeless Steering Committee Meeting: Announced the Coalition was approved as a new Collier County United Way agency for 2004 and that the 2003 SuperNOFA has been released, including the CoC application and announcement of thc local deadline and process for submitting CoC applications. Discussion of the necessity to gather Mainstream funding sources for the CoC Exhibit I. Announcement that the Steering Committee approved the CoC Lead Agency agreement. Updates provided on the Stale Housing Assistance grant project progress. Three (3) new agencies presented applications for Coalition membership. Five (5) agencies represented. May 6, 2003 Collier County Hunger & Homeless Coalition General Membership Meeting: Bill Dillon from Collier Health Services was guest speaker and presented information on the new not- for-profit, federally qualified Health Center providing indigent healthcare clinics in Golden Gate, Marco Island and the Marion E. Fether Medical Center in Immokalee. CoC and SuperNOFA updates announced. I-IMIS project update along with discussion of the Health and Human Services Consortium and their interest in possibly linking to the I-IMIS system. Workforce Housing Workshop update presenled as well as information regarding the State budget with respect to homeless assistance funding. Flyers and registration forms were passed out regarcling the upcoming SW FL Coalition fore the Homeless Annual Conference being held in Lee County at Florida Gulf Coast University on May 29th and 30th. Legislative and Grant Committee repons presented. Twenty-four (24) agencies represented. 9 FEB 1 0 200 pg. 2003 CoC Consolidated Application' CoC Committee Meetings Date of Meeting 'Topic of l~leeting July 9, 2002 Thirteen (13) agencies attended HUD sponsored *HM]S 101 training by Aspen Institute consulhants. August27,2002 Eighteen (18) agencies attended. Committee .reviewed requirements for State Office on Homelessness Challenge and Housing Assistance Grants, which must address the gaps and priorities in the CoC to be eligible for funding, Discussed plan for *HMIS meetings and reviewed Aspen Institute resources on system planning and implementation September 17, 2002 Fourteen (14) agencies attended. Reviewed benefits of an HMIS system and discussed outcome measurements and how *ItMIS will provide much improved data for participating agencies, while providing better access to services for clients. September 23, 2002 Fifteen (15) agencies attended. Presentations on *HMIS by Dr. Gary Lounsbu~, FGCU and Mr. Richard Fads, Lee County Department of Haman Services. October 15, 2002 Seventeen (17) agencies mended. Software presentation by Simplicity Computer Solutions. October 29, 2002 Twelve (12) agencies attended. Review of software presentation from last meeting. November 7, 2002 Twenty-one (21) agencies attended CoC Workshop - Session I (Agenda- Appendix ). November 12, 2002 Fourteen (14) agencies attended. Software presentation by ServicePoint November 19, 2002 Eleven (11) agencies attended. Review of software presentation from last meetingr November 22, 2002 SW FL Homeless Coalition meeting in Ft. Myers. Software presentation by Radii. January 7, 2003 Twenty-five (25) agencies attended CoC Workshop - Session II (Agenda - Appendix ). February 11, 2002 Fifteen (15) agencies mended COC Workshop - Session III (Agenda - Appendix ). February 27, 2003 Eight (8) members present Committee voted to submit a Professional Development grant to the Community Foundation of Collier County to pay for a consultant to facilitate our CoC long- range strategic planning process. Members reviewed the weaknesses from the 2001 and 2002 CoC applications. March 19, 2003 Nine (9) members present. Discussed potential 2003 CoC projects identified during February 11th workshop. Reviewed CoC goals from 2002 application Report presented from the recent Case Management committee, whose immediate goal is to compile 'best practices' for Collier County to better address gaps in services. April 28, 2003 Ten (10) members present. Discussed and reviewed the 2003 CoC NOFA to detcrn:ine the local review and ranking process and committee members; reviewed potential CoC projects and H/vIIS project; determined the CoC strategic plannins~ process will begin ia July. May 13, 2003 Nine (9) members present. Members met to discuss potential applications; confirm review committee members and assignments; assign final Exhibit I homework. May 19, 2003 Seven (7) members present and five (5) applicants present. CoC Exhibit 11 review and ranking committee meeting. June I1, 2003 Meeting scheduled to review and discuss 2003 CoC application package and plan CoC committee meeting schedule for strategic planning process with consultant be~nning July 2003. *HM1S: Please see Exhibit ri HMIS Project application for detailed meeting schedule beginning in January of 2003. Date of Meeting December 16, 2002 January 21, 2003 February 25, 2003 March 10, 2003 April 15, 2003 Case Management Committee Topic of Meeting Four (4) members present. Familiarize committee members with participating agencies services. Seven (7) members presem. Discussed compilation of 'best practices' for Collier County service providers; Collier County Housing Authority (CCI-IA) did a presentation on housing vouchers for disabled/elderly; reviewed CCHA Family Serf-Sufficiency Program. Three (3) members present. Discussed compilation of intake forms from all service providers in the CoC to work on the development of a common intake form. Five (5) members present. Reviewed compilation of CoC provider intake forms. Four (4) members present. Discussed compilation of all shelters and social service agencies 'best practices' information in preparation of a handbook to be distributed to all Coalition member agencies in June 2003 as well as to be shared with the FL Coalition for the Homeless. Ma3' 19, 2003 June 10, 2003 Five (5) members presenL Final review of documentation gathered ant inclusion in 2003 'Best Practices' handbook. Meeting scheduled to present "Best Practices' handbook and discuss committe~ I0 for §oal~r 03-04. FEB f 0 2004 AGENDA ITEM No. ./~ ~..,~/ FEB 1 0 200~ pg. -~,~ ATTACHMENT II GRANT APPLICATION INSTRUCTIONS (SOLICITATION DOCUMENTATION) 48 Re: Grant FEB I 0 200-, Re: Grant ti HFZ09 DEPARTMENT OF CHILDREN & FAMILIES OFFICE ON HOMELESSNESS HOMELESS CONTINUUM OF CARE CHALLENGE GRANTS CSFA 60.014 FY 2004 APPLICATION INSTRUCTIONS July 18, 2003 Office on Homelessness 1317 Winewood Boulevard Tallahassee, FL 32399.0700 850/922-4691 FAX: 8501487.1361 Page 49 .o._ FEB 1 0 200~ Re: Grant # HFZ09 1. Overview The Challenge Grants shall be used to assist the local homeless continuum of care lead agency and local providers implement their written plan for addressing the needs of their homeless populations. These funds may be used for an array of programs, facilities, and services that are identified in the local continuum of care plan. This may include, but not limited to, the following types of activities or projects (see section 420.624, FS, for a complete description of the Continuum): Homelessness Prevention Outreach Emergency Shelter Suppodive Services Transitional Housing Permanent Housing The continuum of care concept and the Challenge Grant program are more fully described in Part VI, Chapter 420, FS. Lead agencies are directed to review sections 420.621 to 420.626, FS, to find definitions of key terms, including "homeless" and "continuum of care." This Challenge Grant program is authorized in section 420.622(4). These state grants require no matching funds. As the source of the state funding is from general revenue, there will be stdct limits on the time available to obligate and expend these dOllars. All grants must be obligated by an executed grant agreement and all grant funded activity or project services should be completed or provided by June 30, 2004. All recipients of Challenge Grants shall be required to submit monthly reports on progress and performance until all grant funded activities are completed. Further, grantees will be expected to capture and repod information on the housing status of all persons at the time they access or first receive services funded by the Challenge Grant. 2. Eligible Applicants The only entities that may submit an application for the Challenge Grant shall be the lead agencies of the continuum of care, as designated by the Office on Homelessness for specified catchment areas within the state, pursuant to section 420.624(6), F.S. The designation of the lead agencies by the Office on Homelessness has been done in consultation with the U.S. Department of Housing and Urban Development (HUD), the local homeless coalitions within the state, and those agencies that were identified as the lead agency in the most recent application for HUD homeless grants. The list of designated lead agencies by catchment areas is attached in EXHIBIT 1. Applications shall only be accepted from these lead agencies. Any other applications received from entities not on the list of designated lead agencies shall be retumed, without review, to the entity that submitted it. 3. Maximum Grant The limit on the grant award to a lead agency shall be $137,500 for FY 2004. This maximum grant shall be provided only to the top eight ranked applications. All other grants shall be capped at $82,500, until all funding is obligated. Applications may be submitted for any amount up to but not exceeding $137,500. The lead age! identify a budget for those uses or activities to be funded and shall list the projects or activities t( award is made at the $82,500 level, as well as at the $137,500 maximum grant level. 50 ACENOA ITE~ cy si, mil clearly ~ be funded if the FEB 1 0 200/t Re: Grant # HFZ09 4. Number of Applications Accepted Each designated lead agency shall submit no more than one (1) application in the fiscal year solicitation. If more than one application is submitted, all applications received from that lead agency shall be rejected and returned to the lead agency without review. 5. Deadline to Submit Applications All applications must be received by the Department in the Office on Homelessness, 1317 Winewood Boulevard, PDHO, Building 2, Room 103-C, Tallahassee, Florida 32399-0700, by 5:00 pm, EDT, on September 9, 2003. This deadline shall be formally noticed in the solicitation of applications as published in-the Florida Administrative Weekly. Applications received after this deadline shall be rejected and returned to the lead agency applicant without review. There shall be NO EXCEPTIONS or WAIVERS. Applications must be received in the Office by the deadline. Applicants should make sure that if the application is mailed or sent by courier service that they allow adequate time for the application to be delivered to the Department. All applications received shall be date and time stamped upon receipt in the Office on Homelessness and a log maintained to reflect the receipt of each application. No faxed or electronic delivery shall be permitted for submission of applications. 6. Copies to be Submitted The lead agency applicant shall submit an original signed application plus three (3) photocopied applications to the Department. Failure to submit an odginal signed copy, or the required number of copies (3), shall result in the rejection of the application. The original signed application shall be deafly labeled on the cover sheet "ORIGINAL" to identify the odginal signed application. 7. Eligible Uses The lead agency may use the grant funds to fund any activity or project that is cleady and specifically identified in its written continuum of care plan. To be an eligible activity or use the lead agency shall execute a Wdtten certification that the use is specifically contained in the plan and shall provide evidence of that inclusion in the plan with the certification. This evidence may be documented in a vadety of places within your plan, including the description of your continuum of care system, the action steps for attaining goals, the community's strategies to carry out its vision, the components of the continuum, or the project priorities list as described in the Exhibit 1 of the 2003 Continuum of Care application issued by the U.S. Department of Housing and Urban Development. The application may contain one or more activities to be funded so long as each and every one of the activities proposed for funding is specifically identified in the written continuum of care plan. All of the grant funds shall go to activities proposed for funding that directly benefit homeless persons or persons at risk of homelessness. Activities that do not directly benefit homeless persons may include, but are not limited to, public education, training, planning, and capacity building. Homeless management information systems shall be presumed to be a direct benefit use, given its capacity to be a case management tool. The lead agency's written plan for its continuum of care shall be filed with the Office on HomelE its designation as the lead agency. Any amendment to that plan on file with the Office, which the continuum subsequent to the designation of the lead agency, must be attached to the app certification of the amendment date by the lead agency. 51 ~s.,mt~taaaot ' ~s be~m adopted by/d ',ation along with a FEB 1 0 200~ Re: Grant # HFZ09 The application must cleady enumerate the activities or projects to be funded, the purpose of each, the amount allocated for each, and the entity to carry out that use or activity. 8. Ineligible Use Grant administration costs of the lead agency are not specifically authorized in section 420.622(4), FS, and are ineligible. No grant funding shall be used by the lead agency for staff salary, benefits, or operating expenses directly related to the management and oversight of this grant. Staffing and administrative costs directly related to the implementation of eligible use activities shall be eligible and shall be included within the total budget allotted to that eligible use. For example, if the lead agency cardes out an eligible outreach activity, its staff and operating costs associated with that outreach activity, are eligible. 9. Notice of Solicitation of Applications The Department shall publish the "Notice of Solicitation of Applications for Challenge Grants," in the Florida Administrative Weekly at least 45 days prior to the deadline for applications. EXHIBIT 2 contains the Notice of Solicitation of Applications. At the time this notice is submitted to the Florida Administrative Weekly for publication, a written copy shall be mailed to each designated lead agency by the Office on Homelessness. The use of electronic media to provide this notice to the lead agencies shall also be allowed, including the use of FAX or email, as appropriate and available, to the lead agency, but only physical delivery as described in paragraphs 6 and 7 shall control delivery on an application. No faxed or electronic delivery shall be permitted for submission of applications. 10. Review Process The Depadment of Children & Families shall appoint a review team consisting of at least three department employees who are knowledgeable in the program area and may include others such as employees of other state agencies or entities that are engaged in planning for or providing homelessness services for whom there would exist no conflict of interest with either potential applicants or providers of eligible activities or project uses of the Challenge Grant. This review team shall evaluate all eligible applications, rank them using the three statutory preference cdteda cited in section 420.622(4), FS, and rank the applications. Action by the Department shall be final. Upon approval by the Department, all applicants shall be notified in wdting of the rankings and grant awards. Failure to receive a grant award is not a protestable event. STATUTORY PREFERENCE CRITERIA A. Demonstrated ability of the continuum of care to provide quality services to homeless persons. The lead agency shall provide a narrative, which describes the continuum of care actions that have been taken to provide for quality service to the homeless in its catchment area. This narrative should specifically address the following indicators of quality service by a continuum of care. The narrative shall include a description of the action taken, dates when action was taken, and adequate details of the action to address the full extent to which the indicator standard has been achieved. In addition to the narrative, the lead agen¢ certification contained in Exhibit 3, attesting to the indicators of quality service standards ths care has achieved dudng the reporting pedod. Failure to execute the certification on qualit cause the application to be ranked last on these preference cdteda. 52 :the ~ptinuum of of services shall FEB 1'0 200~ Re: Grant # HFZ09 ['~ ' The reporting period shall be the 12 months beginning July 1, 2002 and ending June 30, 2003. The narrative shall reflect the actual ways the continuum of care served the homeless during the reporting period. The lead agency shall only descdbe actions taken or activities completed, not actions pending, promised, or previously undedaken but discontinued. If a policy, procedure, or other wdtten document was adopted prior to the reporting pedod, the lead agency may include that action only if that policy or document was still in effect and in use during the reporting period. For each of the following quality of service indicators, applicants shall receive a point score, depending upon the extent to which the Continuum of Care (COC) has achieved the specific standards for each quality of service indicator. The applicant's total score for these rating cdteda will be the sum of points awarded for all of the quality of service indicators. The applicant and COC achieving the highest number of points for most quality of service indicators achieved shall be ranked number one. The applicant having the second highest number of points will be ranked number 2, and so on until all applicants are ranked. The review team shall award points only to the extent that the narrative affirms the indicator standard was achieved. For each of the quality of service indicators below, the lead agency shall reply based upon their Continuum of Care's COLLECTIVE efforts to identify and respond to the needs of homeless people in its catchment area. The fact that one agency, or a small segment of the continuum's participating agencies, may have performed or achieved the quality of service indicator does not constitute performance by the Continuum. Indicating that an action is "Continuum sponsored" or "Continuum driven" shall not be considered as evidence of full participation by all agencies padicipating in the COC. Rather, the standard is that the action was applicable and required to be continuum-wide in scope and carded out by all agencies participating in the COC, in order to achieve full award of the points for that standard. The review team may award less than the full points for a standard where a Continuum has evidenced partial achievement of the standard. Quality of Service Indicators 1. Continuum Governance Structure 10 Points 2 points 2 points 2 points 2 points 2 points a. Has the COC formally created a governance structure or decision-making body? b. Does the governance body consist of members from each of the following four sectors: pdvate business, local government, homeless or formedy homeless persons, and religious or faith-based organizations? c. Are there written policies and procedures that define the composition and structure of the governance structure, including the process to recruit and select its members? d. Does the governance body have wdtten policies and procedures to guide its decision making? e. Has the governance body met at least once dudng each quarter of the reporting pedod? 2. Decision Making Process 10 Points a. Does the continuum have adopted, written procedures, and selection criteria, to guide the process of selecting activities or projects to be considered for funding allocations? b. Is there a formal, wdtten process adopted whereby decisions of the governance body or continuum may be appealed? c. Does the continuum operate "in the sunshine," noticing meetings to all interested parties and allowing public access to all meetings? 53 3 points 3 points FEB I 0 200/~ Re: Grant # HFZ09 ~ d. Does the governance body or the continuum maintain wdtten minutes or an equivalent record of actions taken by the body at all meetings? point 3. Evaluation of Services 10 Points a. Has the continuum adopted a standard customer satisfaction survey, quality assurance standard, or other evaluation tool for use in all components of the continuum of care? b. Have all of the participating agencies in the continuum used the standard customer satisfaction survey, or quality assurance standard? c. Were the survey responses or quality assurance reviews analyzed and compiled into a wdtten summary repod to the lead agency? d. Did the continuum or its govemance body adopt recommendations or implemented actions as a result of the review of the survey responses, or quality assurance reviews? 2 3 2 3 points points points points 4. Performance Measurement 10 Points a. Has the continuum adopted wdtten measures of performance for each component of its continuum of care? b. Does the continuum apply these performance measures to all agencies participating in the continuum? c. Have all the agencies reported their performance using the adopted measures dudng the reporting pedod? d. Has the continuum adopted any recommendations or implemented actions as a result of the performance measurement dudng the reporting pedod? 3 points 3 points 3 points 1 point 5. Participating Parties in the Continuum Planning 10 Points a. Have all of the following entities participated in at least one planning session, or served on a planning committee, or submitted written comments in the planning process for developing your continuum of care plan? (1) public housing authority (2) community mental health provider (3) regional workforce board (4) law enforcement agency (5) hospital (6) local school distdct (7) veterans service agency (8) county health department (9) primary health care provider (10) public defender's office (11) substance abuse service provider (12) information and referral services provider b. Has there been a fixed representative designated in wdting by each and every one of the above entities to work with the continuum? c. Have all twelve designated representatives attended at least half of the continuum's planning meetings dudng the reporting pedod? d. Does the continuum have in place memoranda of agreement or other formal relationships with all of the above entities to guide information shadng among the participating parties? 54 3 points 3 points //-" I [EB Re: Grant # HFZ09 6. Serving the Homeless in Emergencies a. Has the continuum adopted written plans for responding to the needs of homeless persons during emergencies, including cold weather, heat waves, tropical storms and hurricanes? b. Does the continuum's plan provide for sheltering of all homeless people reasonably likely to need and seek shelter during the emergency event? c. Does the continuum's plan address how all segments of the homeless population are to be transported to the emergency shelter when the emergency exists? ' d. Has the continuum's adopted plan been adopted by the local government emergency management agency as part of the community's emergency management plan? Training a. Did the continuum provide or facilitate training targeted to the direct or line service workers of participating agencies on service provision to the homeless? b. Did the continuum maintain a regular or fixed calendar of training sessions, noticed to all participating agencies, for the reporting pedod? 8. Statewide Initiatives a. Has the continuum adopted a wdtten plan to address the availability of housing for and referral to such housing of sexual offenders discharged from correctional facilities into the catchment area of the continuum? b. Has the continuum succeeded in carrying out its strategy for ending chronic homelessness, as detailed in its 2002 COC plan narrative? c. Has the continuum established formal, adopted procedures to ensure that the local homeless management information system will be linked to the 2-1-1 information and referral phone system? 9. Standards of Care ao Has the continuum adopted wdtten standards of care to specifically address the prows~on of emergency shelter? Has the continuum adopted wdtten standards of care to specifically address the provision of transitional housing? Has the continuum adopted written standards of care to specifically address the provision of permanent supportive housing? Has the continuum adopted written standards of care to specifically address the provision of supportive services? Has the continuum adopted wdtten standards of care to specifically address the prowslon of homeless prevention services? Has the continuum adopted written standards of care to specifically address the provision of outreach related services? 55 10 3 2 2 3 4 Points points points points points Points 2 points 2 points 6 Points 1 point 3 points 2 points 10 Points 1 point 1 point 1 point 1 point AGEN[)A ITEJ~ ' 1 po~nz 1 FEBo~i~ 200~ Re: Grant # HFZ09 '-~ -' g. Has the continuum adopted written standards of care to specifically address the provision of aftercare or follow-up services for persons leaving continuum of care facilities? h. Has the continuum adopted written standards for the collection and sharing of information, including confidentiality of clients and secudty of information? i. Has the continuum adopted written standards to address the dghts of homeless clients, including terminations, evictions, and grievances? j. Has the continuum adopted wdtten standards to address the provision'of case management services? 10. Mainstream Program Benefits a. Has the continuum adopted a written strategy to identify homeless persons who are eligible for "mainstream" supportive service programs, including food stamps, Medicaid, SSI, and Temporary Assistance for Needy Families? b. Has the continuum adopted wdtten procedures to assist the homeless in enrolling in these "mainstream" programs? c. Has the continuum adopted a wdtten strategy to ensure the homeless receive the assistance from each program in which they are enrolled? d. Does the continuum collect and maintain data on the number of homeless persons enrolled in and receiving assistance from each of the "mainstream" programs? 11. Point-In-Time Survey a. Has the continuum conducted within the pedod of July 1, 2001 and June 30, 2003, a point-in-time survey to define the homeless population within its catchment area? b. Did the continuum use the standardized point-in-time survey instrument, endorsed by the Council on Homelessness in September 2002? c. Does the continuum have a written policy adopted, which will require conducting point-in-time surveys no less frequently than every two years? d. Did the continuum administer the point-in-time survey at all local homeless provider agencies in its catchment area? e. Did the continuum administer the point-in-time survey in a manner to capture a count of those persons who may not be sheltered, or being served by agencies (i.e., those on the street, living in outdoor locations, cars, or other vehicles, or doubled up living with families or friends)? f. Does the continuum provide training and instruction to those carrying out the survey on the proper methods to be used? 12. New or Expanded COC Catchment Areas a. Is this application submitted on behalf of a continuum of care, whose catchment area was not designated by the Office on Homelessness as a designated continuum in the FY 2003 Challenge Grant application instructions? - OR- b. (1) Has the catchment area of the continuum been expanded to include at least one additional county, since the designation of the continuum's catchment area in FY 2003 by the Office on Homelessness? 56 1 point 1 point 1 point 1 point 10 Points 2 points 3 points 3 points 2 points 10 Points 1 point 1 point 2 points 2 points 2 points 2 points 20 Points Re: Grant # HFZ09 ~ (2) Does the $137,500 budget for this Challenge Grant include funding activities or uses within the new county(s) added to the catchment area? MAXIMUM POINTS POSSIBLE IS 120 POINTS 10 points B. Ability to leverage McKinney Act and private money for the provision of services to homeless persons. The lead agency shall list on the form in Exhibit 4 all funding received by organizations participating in the continuum of care from grants authorized under the UcKinney-Vento Homeless Assistance Act (42 U.S.S., ss 11371, et. seq.), and from pdvate sources (non-governmental) for homeless services within its catchment area. The list shall be limited to those grants received or private cash received within the pedod from July 1, 2002 to June 30, 2003. For grants, received shall be defined as the total amount of the grant award as reflected on the fully executed grant award letter from the grantor agency. In those programs that provide for multi-year commitments and awards, the lead agency shall specify the amount claimed for the award for purpose of this leverage, up to the full amount of the award commitment evidenced by the grant award letter. Once the grant award has been claimed as leverage in a Challenge Grant application, it may no longer be claimed on any future Challenge Grant application. Do not include any grant awards claimed in your 2002 or 2003 Challenge Grant applications, except where a balance of a multi-year award was not claimed previously. For private funds, the amount received shall be the actual amount of cash received during the pedod for direct services targeted to homeless persons. In-kind services or donations of goods or services shall not be eligible to claim as leverage. The amount of cash received for service to the homeless shall be evidenced by written receipts or independent audits of the receiving agency or entity participating in the continuum of care. The lead agency shall maintain this evidence on file in the continuum records and shall execute the wdtten cedification on the amount of private cash claimed in the application. Like the grant funding, once the private cash is claimed in a Challenge Grant application, it may no longer be claimed on any future Challenge Grant application. Lead agencies are directed to the following programs authorized under the McKinney-Vento Homeless Assistance Act, for claims of grant leveraged. These are the only grant sources that shall be recognized for leverage. Federal Eligible Program Name CFDA # A.qency Grantees 1. Homeless Veterans Reintegration Program 17.805 Labor 2. Health Care for the Homeless 93.151 HHS State and local public agencies, private industry councils, non-profit agencies in 75 largest metropolitan areas and rural areas of need. 3. Projects for Assistance in Transition from 93.150 HHS Homelessness (PATH) Non-profit private organizations, state and local govemment agencies. 4. Education for Homeless Children & Youth 84.196 Educ 57 States, District of Columbia, territories, with subgrants to politic~ of states and non-profit State departments of ed, subdi~'{a~m~ IT~.~J '~titiel~_ ~',~ ~cati~'~i~ 0 200z~ Re: Grant # HFZ09 ~-~- 5. Emergency Shelter Grant 14.231 HUD 6. Shelter Plus Care 14.238 HUD 7. Suppodive Housing Program 14.235 HUD 8. Section 8 Moderate Rehab, Single Room Occupancy (SRO) 14.249 HUD local educational agencies as subgrantees. States, cities, urban counties and territories, with subgrants to non-profit entities. States, units of local government, or public housing agency. States, local governments, other govern- mental'entities, private non-profits, public non-profit community mental health association. Public housing agency or pdvate non- profit organization. 9. Emergency Food and Shelter 83.523 FEMA Red Cross, Catholic Charities, United Jewish Communities, National Council of Churches, Salvation Army, United Way, independent non-profits which provide food and/or shelter services. The lead agency shall fully document the amounts claimed as leverage and maintain that evidence in its files to support the certification of leverage claimed on Exhibit 4. Failure of the lead agency to execute the certification of leverage shall cause the application to be ranked last on the leverage preference criteria. The leveraged grant and pdvate cash amount certified by the lead agency shall be divided by the population of the catchment area of the continuum of care to calculate a leverage ratio per 1000 population. For example, if the total leverage of McKinney Act grants and pdvate cash totals $7,000,000 and the population of the catchment area of Alachua County's, for example, is 217,955 a leverage ratio of $32,116.72 per 1000 population is determined. If this same amount of leverage, $7,000,000, was cedifled for Broward County, with a population of 1,623,018, the leverage ratio would be $4.31 per 1000 population. The ranking of the applications shall be based on the highest certified leverage ratio being ranked number 1. The next highest leverage ratio shall be ranked number 2 and so on until all applications are ranked. In the event two or more applicants certify the same leverage ratio they shall be ranked equally in the order, with the rank score being the average score of the two or more rank places. Example: two applicants have a leverage ratio of $20.00/1000 population, with seven applicants having a higher ranked leverage. These two applicants would receive a rank of 8.5, averaging the number 8 and number 9 rank orders. C. Catchment area with the greatest need for the provision of housing and services to the homeless, relative to the population of the catchment area. The lead agency shall add the data contained in the continuum of care homeless population and sub populations chart for both homeless individuals and persons in families with children. This total ~ persons shall be aggregated as a count of the estimated number of persons homeless, either in Jividu~'~Jf°^ m:.,~ ' homeless families, and shall include both those sheltered and unsheltered in the catchment are S~ FEB 1 0 2004 ..._ Re: Grant # HFZ09 '~ for the latest housing gaps analysis and homeless population charts instruction and tables from the U.S. Department of Housing and Urban Development, to guide your response. In documenting the need for homeless housing, the lead agency shall use the continuum of care homeless population and sub population chad as filed with the Office on Homelessness, as pad of the designation of lead agencies for FY 2004. That submitted homeless population chad shall be used for purposes of documenting need only if the lead agency can and does certify that the data provided: (1) represents the number of homeless persons in the catchment area on any given night; (2) is not adjusted through the use of multipliers or olher means; (3) is dedved directly from street counts, point-in-time surveys, homeless management information systems, service provider agency records, and/or similar empirical methods; (4) includes only persons who are homeless according to the operational definition of homelessness used by U.S. HUD and adopted by the Council on Homelessness (see Exhibit 9 for this definition); and (5) represents an unduplicated count/estimate (i.e. includes each individual once and only once) to the greatest extent possible. If the homeless population chad on file fails to meet the data standard for unadjusted data, as stated in the paragraph above, the lead agency shall submit with the application a revised homeless population chad with suppoding narrative describing the methodology used in revising the. homeless population chad. The lead agency shall provide a cover letter with the revised homeless population chad attesting to the adoption by the continuum of the revised population data. The lead agency shall complete and execute the cedification on the need form, Exhibit 10. In the event an applicant is unable to cedify that its estimate of need adheres to the standards described above, or fails to execute the cedification, the application shall be ranked last on the need statutory cdteda. The total number of homeless persons, both sheltered and unsheltered, shall be divided by the total population of the catchment area, based on the 2000 Census data by county(s) within the catchment area. EXHIBIT 5 provides the total population by county in 2000. The resultant calculation shall establish a ratio of homeless population per 1000 population for the catchment area as documented using the form found in Exhibit 10. See Exhibit 8 for a sample county homeless population chad. Example: "Sample County" Estimated Homeless Individuals Estimated Homeless Persons in Families 5,401 Persons 2,927 Persons [SOURCE: Exhibit 8] TOTAL HOMELESS POPULATION 8,328 Persons 2000 Population 2,253,362 [SOURCE: Exhibit 5] Homeless Persons/1000 Population 8,328 2,253 (rounded) = 3.70 homeless persons/1000 population in catchment area The review team shall compare all eligible applicants to determine the catchment area with ti homeless persons per 1000 population. This application shall be ranked number one. All ot be ranked in descending order with the second highest need ratio ranked second and so on are ranked. 59 ~~of ~er apl~r;~ ~ intil ~3p~~ F£19 ! 0 200z~ Re: Grant # HFZ09 (~}~ In the event two or more applicants have the same need ratio, they shall be ranked equally in the rank order, with their rank score being the average score of the two or more rank places. Example: Two applicants have the same need ratio of 1.0 homeless persons per 1000 population. Ten applicants have higher ratios. The two applicants would be ranked at 11.5, averaging the number 11 and 12 rank order places. FINAL RANKING The review team shall establish a final ranking by totaling the rankings in the three preference criteria outlined above. For example, if the application is ranked number 7 in quality of service, number 3 in leverage, and number 6 in need, its total ranking score is 16. The application with the lowest total ranking score shall be the top ranked application. The lowest combined ranking score per reviewer possible is 3, and the highest score would be 3 times the number of applications reviewed as eligible. In the event of a tie in the total ranking score, the review team shall rank the applicant that was ranked higher on the catchment area need preference criteria above the other application for the purpose of determining the final order for awards. 11. Grant Amounts The total grant funding available for award is $2,116,025. The amount of grant award shall be the total amount of eligible uses requested, up to $137,500. The top ranked application shall be funded first, with each subsequent ranked application awarded until the grant amount is exhausted. The top eight ranked applications shall be eligible for a grant up to $137,500. All lower ranked applications shall be awarded up to $82,500. The Department reserves the right to make grant awards in amounts less than the requested amount in the event (1) that uses proposed are deemed ineligible by the Department, or (2) that the grant funding remaining available is less than the amount of the grant request for the final application funded in rank order. Lead agencies receiving grant awards shall agree to padicipate in the Office on Homelessness' process to develop standardized data collection methods and the creation of a statewide homeless management information system. Further, grantees shall be required to submit monthly reports of performance, until grant funded activities are completed. The lead agency and all providers of grant assisted service shall collect and report information of the housing status of persons at the time they access or first receive assistance from the grant-funded activities. 12. Application Formats All applications shall be on paper of the size 8½ x 11, be provided in the order described below, and the application shall be in a binder with a table of contents clearly showing the order of the material with pages clearly numbered. Where referenced documents area to be included in the application, they shall be inserted in the application immediately following the section of the application in which they are referenced. 13. Application Contents Each application shall consist of the following information and shall be bound in the specific order of the information required outlined herein. (1) Cover Letter The lead agency shall provide a letter, on agency letterhead, describing the total amount of the grant, an enumeration of the uses of the grant, and the point of contact at the lead agency to se manager. A point of contact shall be identified to be notified in the event of a grant completene: 6O FEB 1 0 200zi Re: Grant # HFZ09 ~' phone and fax number shall be provided for the contact person for completeness issues. A duly authorized official of the lead agency shall sign this letter. (2) Budget The budget shall follow the forms contained in EXHIBIT 6A & B and must clearly delineate the following for each proposed activity or project: (a) The activity or project use. (b) Amount of grant for each use/activity. (c) Name of the provider entity(les) to carry out the activity or use. (d) Location(s) where the activity is carded out. (e) Population of Homeless Served. (0 Estimated Expenditure of Grant Funds by Quarter. (3) Certification of Consistency with Continuum of Care Plan. The lead agency shall provide a letter on agency letterhead that shall be signed by the same duly authorized official that signs the cover letter certifying that each use is contained within the continuum of care plan. This letter shall list each use proposed for funding along with the specific citation of where in the plan this activity or use is described in the plan. This reference should cite the section, page, project list, or other clearly identifiable reference to the plan. Copies of applicable portions of the wdtten plan shall be attached to the letter highlighting the specific use citations. (4) Narrative: The lead agency shall provide a brief narrative, not to exceed two pages, that describes all of the activities to be funded, the homeless populations to be served, and the outcomes expected to be achieved for each activity proposed to be funded. This narrative should cleady delineate which uses would be funded at the $137,500 grant level, as well as those to be funded at the $82,500 level. (5) Quality of Services Narrative. The lead agency shall describe the actions taken by the continuum of care in providing quality services, as described in item 10.A above. Be sure your narrative is specific, so as to enable the reviewer to determine whether each quality indicator has been achieved. The certification by the lead agency of indicators of quality of services, per the form in Exhibit 3, shall immediately follow the narrative section. (6) Leverage of McKinney Act and Pdvate Funds. The lead agency shall list the funding received in the period from July 1, 2002 to June 30, 2003, by grant award or pdvate fuhrer. The list shall cleady show each individual grant or receipt of pdvate cash, which cleady references the item on the list. The lead agency shall provide a signed certification of the total of funding leveraged. This listing shall follow the form on EXHIBIT 4. (7) Homeless Need The lead agency shall complete the form on EXHIBIT 10, using the data from its Homeless Po Subpopulation Chad in its continuum of care plan and the census population data from EXHIB should be the ratio of homeless persons per 1000 population, rounded to the nearest hundred The lead agency shall provide a signed certification on the data used from the homeless popu Exhibit 10. 61 )ulation and FEB ! 0 200z~ Re: Grant # HFZ09 (8) Performance Measures The lead agency shall submit a narrative, not to exceed two pages, that clearly delineates the performance measure(s) to be applied to each activity or use proposed for funding and the outcomes to be achieved by each use. These shall be measurable indicators of performance and should relate to the goals within the continuum of care plan. These measures will become part of the grant award agreement and reporting requirements for the lead agency. Measures shall be provided for all uses requested. If your grant seeks funding for a supplemental budget, be sure to descdbe the performance measures for those additional uses. 62 ,~3ENOA ri'EM Re: Grant # HFZ09 - (9) Ability to Complete Activities The lead agency shall document its ability to complete the funded activities by the end of June 2004. This should include timelines of cdtical tasks to be accomplished for each use; monthly or quadedy spending plans; proposed draw down schedules; and reporting schedule for outcomes achieved. This narrative should address the status of the selection of the local providers of activities; the status of needed subcontracts between the lead agency and the provider entities; the identification of homeless clients to be served; and preparations underway to allow for the timely obligation and expenditure of these funds. NOTE: Funding is not expected to be authorized in the first quarter of the fiscal year due to the timing of the grant awards. 14. Completeness. The Office on Homelessness shall evaluate all applications received by the deadline date and time for completeness. The completeness review shall be limited to the following items: · Is there a signed original, plus three copies of the application? · Is there a signed, original certification of consistency with the continuum of care plan? · Are Exhibit 6, A & B, budget forms contained in the application? If any of these items are not contained or found in the completeness review, the Office on Homelessness shall notify the applicant by FAX of the missing item. The Office will also make a call to the lead agency to affirm that a fax was sent. The applicant shall have 72 hours to FAX the missing material or item to the Office (from the data and time of the notice of missing item(s)). Failure to provide odginal signed certification on the following items shall result in the application ranking being ranked last for the respective preference criteda by the review team. · Certification of Quality Service Standards, Exhibit 3. · Certification of Leverage Funds, Exhibit 4. · Certification of Unmet Need Per Catchment Area Population, Exhibit 10. No additional matedal shall be provided following the. deadline for receipt of the application for any of the ranking cdteda. Failure to provide a complete application shall result in rejection and return of the application without ranking. This determination will be made following the receipt of materials, or lack thereof, after the 72-hour response period. 15, Liens. In the event that the Challenge Grant proceeds are used to acquire or improve real property, such use shall be contingent upon the lead agency and/or its subgrantees granting to the state a secudty interest in the property at least equal to the amount of the state funds provided, for at least five (5) years from the date of purchase or completion of the property improvements. The securing of the lien position and recording of the lien document shall be the responsibility of the lead agency. The lien must be in the Department's favor. See Exhibit 11 for a sample lien document. In the event that the property to be acquired or improved is owned by a unit of local govemment shall be required. However, the unit of local government shall provide a letter attesting to the fa, property cease to be used for homeless programs in accordance with the Challenge Grant appli 63 AGENDA ITEM no li~ document ,~,~ that s~ould the ~tioF~er) Re: Grant # HFZ09 ~ ' of local govemment shall repay to the Department the proportionate share of the state's initial grant investment, as adjusted by depreciation. 16. Contact: Mr. Tom Pierce, Executive Director, or Mr. Jerry Smith, Senior Management Analyst II Office on Homelessness 8501922-4691 850/487-1361 [FAX] AOENDA ITEM ~._ /~ FEB 1 0 200~ -. 7/_ Re: Grant # HFZ09 EXHIBIT 1 2 3 4 5 6-A 6-B 7 8 9 10 11 EXHIBITS CHALLENGE GRANTS INFORMATION Designated Lead Agencies by Catchment Area Notice of Solicitation of Applications for Challenge Grants Quality of Service Certification by Lead Agency Leveraged Funding Form and Cedification 2000 Census, Population by County Budget Form Expenditure Schedule Instruction for Continuum of Care Housing Gaps Analysis and Homeless Population Chart Sample County Homeless Population Chart HUD Operational Definition of Homelessness Certification of Estimated Need Per Catchment Area Population Sample lien Document 65 AC.~.J4~)A I~ 1 0 200 Re: Grant # HFZ09 EXHIBIT 1 CONTINUUM OF CARE DESIGNATED AGENCIES CONTINUUM OF CARE LEAD AGENCY Mr. Jon DeCarmine, Chair Alachua County Coalition for the Homeless & Hungry PO Box 12491 Gainesville, FL 32604-2491 P - 352/377-5690 F - 352/371-6446 achomeless~yahoo.com hencinia~ci.qainesville.fl.us CATCHMENT AREAS BY COUNTY Alachua & Putnam Ms. Gay Williams, Director Housing and Human Services Director Brevard County 2725 Judge Fran Jamieson Way Building B, Suite 105 Viera, FL 32940 P - 321/633-2007 F - 321/633-2076 .q ay,williams~county,qovt.brevard.fl.us Brevard Mr. Steve Werthman Broward County Homeless Initiative Partnership Administration Human Services Department 115 South Andrews Avenue, Room 516 Fort Lauderdale, FL 33301 P - 954/357-6167 F - 954/357-5521 swedhman~.broward.or,q Broward Ms. Ana Romillo, Executive Director Charlotte County Homeless Coalition 3880-A Tamiami Trail Port Chadotte, FL 33952 P - 941/627-4313 F - 941/627-9648 aha romillo~,cchomelesscoalition .orq Chado~e Mr. James H. Lowe Mid-Florida Homeless Coalition c/o Lake Community Action Agency PO Box 1527 Eustis, FL 32757-1527 P -352-357-5550 F -352/483-2298 JamesL~Lak¢CAA.org 66 Citrus, Hemando, Lake, & Sumter AGE.~A ITEM ~ /~,,~! FEB 1 0 200~ Re: Grant # HFZ09 CONTINUUM OF CARE LEAD AGENCY Ms. Janeen Person-Coale Collier County, Dept of Financial Administration and Housing 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 P - 239/213-2901 F - 239/403-2331 JaneenPerson ~,collier.qov.net Ms. Wanda Lanier, Executive Director Emergency Services & Homeless Coalition of Jacksonville 900 University Boulevard, North Suite 405 Jacksonville, FL 32211 P - 904/744-0969 or 247-5112 wandalanier~bellsouth.net Ms. Thresa Hogue EscaRosa Coalition on the Homeless PO Box 17222 Pensacola, FL 32522-7222 P - 850/439-3009 F - 850/438-5901 tho.que~mhawfl.orq Mr. Rayme L. Nuckles, Chief Executive Officer Homeless Coalition of Hillsborough County, Inc. PO Box 360181 Tampa, FL 33673-0181 P - 813/404-7514 F - 813/236-2279 rayme~,homelessofhc.orq Ms. Louise Hubbard, Executive Director Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 P - 772/567-7790 F - 772/567-5991 irhsclh~aol.com Mr. Richard Fads Lee County, Department of Human Services 83 Pondella Road North Foal Myers, FL 33903 P - 2391652-7930 F - 2391652-7960 fadsrl(~,lee.qov.com 67 CATCHMENT AREAS BY COUNTY Collier Duval & Clay Escambia & Santa Rosa Hillsborough Indian River, Martin, & St. Lucie Lee AGENDA ITEM FEB 1 0 200~t ,,,. 76/ Re: Grant # HFZ09 CONTINUUM OF CARE LEAD AGENCY Ms. Kay Freeman, Executive Director Tallahassee Coalition for the Homeless PO Box 226 Tallahassee, FL 32302-0226 P - 850/576-5566 F - 850/577-0586 kfreeman~tallahasseeCH.orq Mr. Alex Young, Executive Director United Way of Sarasota County 1445 2nd Street Sarasota, FL 34236 P - 941/366-2686 F - 941/365-4368 alexy~..uwsrq.com Mr. Toni James United Way of Marion County, Inc. PO Box 1086 Ocala, FL 34478-1086 P - 352/732-9696 F - 352/732-9608 tiames~uwmc.or.q rfricks~,marionschoolreadiness.com Mr. David Raymond, Acting Executive Director Miami-Dade County Homeless Trust 111 NW 1st St, Suite 2710 Miami, FL 33128 P - 305/375-1490 F - 305/375-2722 dray~.miamidade.,qov Reverend Stephen E. Braddock Southernmost Homeless Assistance League PO Box 2990 Key West, FL 33045-2990 P - 305/293-8189 F - 305~293-8276 FrBraddock~,cs.com Ms. Madha "Marry" C. Lackey, Director Okaloosa/Walton Coalition on the Homeless, Inc. 6 Bob-o-link Road Ft. Walton Beach, FL 32548 P - 850/243-5648 F - 850/244-5717 UartyLl~cox.net 68 CATCHMENT AREAS BY COUNTY Leon, Franklin, Gadsden, Jefferson, Libedy, Madison, Taylor, & Wakulla Manatee & Sarasota Madon Miami-Dade Monroe Okaloosa & Walton AGENDA ITE~ .o, ' FEB 10 200/t Re: Grant # I-IFZ09 CONTINUUM OF CARE LEAD AGENCY Ms. Madlyn Gordon, Executive Director Homeless Services Network of Central Flodda 1510 East Colonial Drive, Suite 201-W Odando, FL 32803 P - 407/893-0133 F - 407~893-5299 .qordonmarilyn~,att.net · Ms. Sheila J. Smith Executive Director The Homeless Coalition of Palm Beach County, Inc. 605 Belvedere Road, Suites 10-11 West Palm Beach, FL 33405 P - 561/832-0011 F - 561/832-9010 sheila~hcpalmbeach.orq Mr. David Gray, President Coalition for the Homeless of Pasco County, Inc. 10934 U.S. Highway 19, Suite 203 Port Richey, FL 34668 P - 727/862-5805 F - 727/868-2675 homelescoalition~,vedzon.net Ms. Beth Eschenfelder Pinellas County Coalition for the Homeless PO Box 11195 St. Petersburg, FL 33733-1195 WK-P - 727/328-1752 X-201 H M-P - 727/323-5771 F - 727/321-7968 beschenfelder~,msn.com Ms. Donna Rock, Executive Director Homeless Coalition of Polk County 835 North Kentucky Avenue Lakeland, FL 33801 863/687-8386 hpolk~tampabay.rr.com Mr. Jimmie Harden, President Emergency Services and Homeless Coalition of St. Johns County, Inc. PO Box 3422 St Augustine, FL 32085-3422 WK - 904/819-0059 Homeless~,au.q.com 69 CATCHMENT AREAS BY COUNTY Orange, Osceola, & Seminole Palm Beach Pasco Pinellas Polk, Hardee, & Highlands St. Johns .o.__ FEB 1'0 200~ Re: Grant # I-IFZ09 ~ The following lead agencies were designated in 2003. Their updated designation for the 2004 cycle is pending receipt of their 2003 Continuum of Care plan (Exhibit 1, HUD Continuum of Care NOFA). Please contact the Office for the latest status on these continuums of care and their catchment areas. CONTINUUM OF CARE LEAD AGENCY Mr. Frank Dean, President Homeless & Hunger Coalition of Nodhwest Flodda PO Box 549 Panama City, FL 32402-0549 850/769-2738 CATCHMENT AREAS BY COUNTY Bay Ms. Lindsay Roberts, CAE Executive Director Volusia/Flagler County Coalition for the Homeless PO Box 6498 Daytona Beach, FL 32122-6498 Lind sayRoberts~_,bellsouth.net Volusia Rev. 07/18/2003 7O AGENDA ITE~ =. FEB 10 200zt Re: Grant # HFZ09 ' ~ EXHIBIT 2 SOLICITATIONS OF APPLICATIONS FOR CHALLENGE GP, ANTS TO LEAD AGENCIES FOR HOMELESS ASSISTANCE Pursuant to Section 420.622 Florida Statutes, the Department of Children and Families through the State Office on Homelessness, hereby solicits applications for Challenge Grants to lead agencies for homeless assistance continuums of care designated by the State Office on Homelessness. A lead agency may be a local homeless coalition, municipal or county govemment, or other public agency, or a private not for profit corporation. Such grants may be up to $137,500 per lead agency. To qualify for the grant, a lead agency must develop and implement a local homeless assistance continuum of care plan for its designated catchment area. Preference will be given to those lead agencies that have demonstrated the ability of their continuum of care to provide quality services to homeless persons and the ability to leverage federal homeless assistance under the Stewart B. McKinney Act and private funding for the provision of services to homeless persons. Preference will also be given to lead agencies in catchment areas with the greatest need for the provision of housing to the homeless, relative to the population of the catchment area. Lead agencies wishing to apply for such homeless housing assistance grants should request an application package from: Office on Homelessness 1317 Winewood Boulevard Tallahassee, FL 32399-0700 850/922-4691 The deadline for submission of applications to the Office on Homelessness shall be 5:00 p.m., EDT, on September 9, 2003. 71 FEB 1 0 200q Re: Grant # HFZ09 '-~ EXHIBIT 3 QUALI'Pt OF SERVICE: CERTIFICATION BY LEAD AGENCY For the reporting period beginning July 1, 2002 and ending June 30, 2003, the following statements are true and accurate for our continuum of care and that all evidence and documentation to support these claims are maintainec' on file with the lead agency. Quality of Service Indicators 1. Continuum Governance Structure a. Has the COC formally created a governance structure or decision making body? Yes No b. Does the governance body consist of members from each of the following four sectors: private business, local government, homeless or formedy homeless persons, and religious or faith-based organizations? Yes No c. Are there wdtten policies and procedures that define the composition and structure of the governance structure, including the process to recruit and select its members? Yes No d. Does the governance body have wdtten policies and procedures to guide its decision making? Yes No e. Has the governance body met at least once dudng each quarter of the reporting period? Yes No 2. Decision Making Process a. Does the continuum have adopted, written procedures, and selection criteria, to guide the process of selecting activities or projects to be considered for funding allocations? Yes No b. Is there a formal, written process adopted whereby decisions of the governance body or continuum may be appealed? Yes No c. Does the continuum operate "in the sunshine," noticing meetings to all interested parties and allowing public access to all meetings? Yes No d. Does the governance body or the continuum maintain wdtten minutes or an equivalent record of actions taken by the body at all meetings? Yes No 3. Evaluation of Services a. Has the continuum adopted a standard customer satisfaction survey, quality assurance standard, or other evaluation tool for use in all components of the continuum of care? Yes No b. Have all of the participating agencies in the continuum used the standard customer satisfaction survey, or quality assurance standard? Yes No c. Were the survey responses, or quality assurance reviews analyzed and compiled into a written do summary report to the lead agency? Yes No Did the continuum or its govemance body adopt recommendations or implemented of the review of the survey responses, or quality assurance reviews? Yes No 72 AGENDA ITEM actio~' a:~ a FEB i'0 200zt Re: Grant # HFZ09 ' ' 4. Performance Measurement a. Has the continuum adopted wdtten measures of performance for each component of its continuum of care? Yes No b. Does the continuum apply these performance measures to all agencies participating in the continuum? Yes No c. Have all the agencies reported their performance using the adopted measures during the reporting pedod? Yes No d. Has the continuum adopted any recommendations or implemented a{:tions as a result of the performance measurement dudng the reporting period? Yes No 5. Pa'ticipating Parties in the Continuum Planning Have all of the following entities participated in at least one planning session, or served on a planning committee, or submitted wdtten comments in the planning process for developing your continuum of care plan? Yes No (1) public housing authority (2) community mental health provider (3) regional workforce board (4) law enforcement agency (5) hospital (6) local school district (7) veterans service agency (8) county health department (9) pdmary health care provider (10) public defender's office (11)substance abuse service provider (12)information and referral services provider b. Has there been a fixed representative designated by each and every one of the above entities to work with the continuum? Yes No c. Have all twelve designated representatives attended at least half of the continuum's planning meetings during the reporting period? Yes No d. Does the continuum have in place memoranda of agreement or other formal relationships with all of the above entities to guide information shadng among the participating parties? Yes No 6. Serving the Homeless in Emergencies ac Has the continuum adopted wdtten plans for responding to the needs of homeless p~rsons,e~ ITrd~ emergencies, including cold weather, heatwaves, tropical storms and hurricanes? / "~. Yes73 No I FEl3pg... 1 0 2004,,f,,~ Re: Grant # I-IFZ09 b. Does the continuum's plan provide for shelteri~ of all homeless people reasonably likely to need and seek shelter dudng the emergency event? Yes No Does the continuum's plan address how all segments of the homeless population are to be transported to the emergency shelter when the emergency exists? Yes No Has the continuum's adopted plan been adopted by the local government emergency management agency as part of the community's emergency management plan? Yes No 7. Training a. Did the continuum provide or facilitate training targeted to the direct or line service workers of participating agencies on service provision to the homeless? Yes No b. Did the continuum maintain a regular or fixed calendar of training sessions, noticed to all participating agencies, for the reporting pedod? Yes No 8. Statewide Initiatives a. Has the continuum adopted a written plan to a,~,aress the availability of housing for and referral to such housing of sexual offenders discharged from cc, rrectional facilities into the catchment area of the continuum? Yes No b. Has the continuum succeeded in carrying oui ::s ~:rategy for ending chronic homelessness, as detailed in its 2002 COC plan narrative? Yes No c. Has the continuum established formal, adopted :~rc. cedures to ensure that the local homeless management information system will be linked ~o ,:ne 2-1-1 information and referral phone system? Yes No 9: Standards of Care a. Has the continuum adopted wdtten standards of care to specifically address the provision of emergency shelter?. Yes No b. Has the continuum adopted wdtten standards o~ care to specifically address the provision of transitional housing? Yes No c. Has the continuum adopted written standards of care to specifically address the provision of permanent supportive housing? Yes No d. Has the continuum adopted written standards of care to specifically address the provision of supportive eo services? Yes No Has the continuum adopted written standards of care to specifically address the prm prevention services? Yes No 74 s~on FEB 1 0 200z~ Re: Grant # HFZ09 '-'. f. Has the continuum adopted wdtten standards of care to specifically address the provision of outreach related services? Yes No g. Has the continuum adopted written standards of care to specifically address the provision of aftercare or follow-up services for persons leaving continuum of care facilities? Yes No h. Has the continuum adopted wdtten standards for the collection and shadng of information, including confidentiality of clients and security of information? Yes No i. Has the continuum adopted written standards to address the rights of homeless clients, including terminations, evictions, and grievances? Yes No j. Has the continuum adopted wdtten standards to address the provision of case management services? Yes No 10. Mainstream Program Benefits Has the continuum adopted a written strategy to identify homeless persons who are eligible for "mainstream" supportive service programs, including food stamps, Medicaid, SSI, and Temporary Assistance for Needy Families? Yes No b. Has the continuum adopted wdtten procedures to assist the homeless in enrolling in these "mainstream" programs? Yes No c. Has the continuum adopted a wdtten strategy to ensure the homeless receive the assistance from each program in which they are enrolled? Yes No d. Does the continuum collect and maintain data on the number of homeless persons enrolled in and receiving assistance from each of the "mainstream" programs? Yes No 11. Point-In-Time Survey a. Has the continuum conducted within the pedod of July 1, 2001 and June 30, 2003, a point-in-time survey to define the homeless population within its catchment area? Yes No b. Did the continuum use the standardized point-in-time survey instruments endorsed by the Council on Homelessness in September 2002? Yes No c. Does the continuum have a wdtten policy adopted, which will require conducting point-in-time surveys no less frequently than every two years? Yes No d. Did the continuum administer the point-in-time survey at all local homeless provider agencies in its catchment area? Yes No e. Did the continuum administer the point-in-time survey in a manner to capture a count of those persons who may not be sheltered, or being served by agencies (i.e., those on the street, living in outdoor locations, cars or other vehicles, or doubled up living with families or friends)? Yes No , f. Does the continuum provide training and instruction to those carrying out the surve on t[~exproper/,~ methods to be used? Yes No ~ FEB 1 0 200~ 75 i Re: Grant # HFZ09 ' -'~ 12. New or Expanded COC Catchment Areas Is this application submitted on behalf of a continuum of care, whose catchment area was not designated by the Office on Homelessness as a designated continuum in the FY 2003 Challenge Grant application instructions? Yes No - OR- (1) Has the catchment area of the continuum been expanded to include at least one additional county, since the designation of the continuum's catchment area in FY 2003 by the Office on Homelessness? Yes No (2) Does the $137,500 budget for this Challenge Grant include funding activities or uses within the new county(s) added to the catchment area? Yes No Lead Agency Certification I hereby attest that the above statements are true and accurate, based upon evidence and documentation on file with this lead agency on behalf of our continuum of care. Name of Continuum of Care: Name of Lead Agency: Name of Certifying Official: Signature of Certifying Official: Date Signed: FA1LURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION FOR QUALITY OF SERVICE, SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE QUALITY SERVICES PREFERENCE CRITERIA. 76 AC.~d4DA ITEM ,//_., FEB 1 0 200 Re: Grant # HFZ09 EXHIBIT 4 LEVERAGED FUNDING A. McKinney-Vento Homeless Assistance Act Grants 2. 3. 4. 5. 6. 7. 8. 9. Pm,qram Homeless Veterans Reintegration$~ Health Care for the Homeless $~ PATH $ Education for Homeless Children$.~ Emergency Shelter Grant $.~ Shelter Plus Care $ Supportive Housing Program $ Section 8 Moderate Rehab., SRO $.~ Emergency Food & Shelter $ Grant Amount Grant Award #/Reference Date of Grantor Executed Award Letter TOTAL GRANTS $ B. Pdvate Cash for Services to Homeless Persons Participatin,q Continuum Aqency 1. Cash Received $ $ $ $ $ $ $ $ Source Documentation (check, agency written receipt, agency independent audit, other to be specified.) TOTAL PRIVATE MONEY TOTAL LEVERAGE CLAIMED A. McKinney Act Grants B. Pdvate Money TOTAL LEVERAGE Lead Agency Certification: I hereby attest that the above sources of grant and pdvate money claimed as leverage for this Challenge Grant application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and pdvate money leveraged by their continuum of care. Name of Lead Agency: Name of Certifying Official: Title/Position: Signature of Certifying Official: Date Signed: 77 AGENDA ITEM / F~B 1 0 200~ Re: Grant # HFZ09 Leverage Ratio Calculation: + : $ /1000 population Total Leverage Claimed + Population of Catchment Area. = Ratio Divide the total leverage claimed by the total population of the catchment area, rounded to the nearest 1000 population, to calculate a leverage ratio expressed in dollars and cents per every 1000 population of the catchment area. NOTES: 1. To be eligible to be claimed as leveraged funding the grant award must have been executed, or the private money received, between the dates of July 1, 2002 and June 30, 2003. 2. If more than one grant award was received for a specific McKinney Act grant, use more than one line, reflecting each grant award separately, specifying the McKinney Act Program for each line used. FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION ON LEVERAGE IN THE GRANT APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST BY THE REVIEW TEAM ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA. 78 AC-~A ITEM FEB 1 0 200~ Re: Grant ft HFZ09 2000 EXHIBIT 5 CENSUS: POPULATION BY COUNTY Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia DeSoto Dixie Escambia Flagier Franklin Gadsden Gilchdst Glades Gulf Hamilton Hardee Hendry Hemando Highlands Hillsborough Holmes Indian River Jackson Jefferson Lafayette Lake Lee Leon Levy Liberty Madison Manatee Marion Martin Miami-Dade Monroe Nassau Okaloosa Okeechobee Orange Osceola 217,955 22,259 148,217 26,088 476,230 1,623,018 13,017 141,627 118,085 140,814 251,377 56,513 32,209 13,827 778,879 294,410 49,832 11,057 45,087 14,437 10,576 13,332 13,327 26,938 36,210 130,802 87,366 998,948 18,564 112,947 46,755 12,902 7,O22 210,528 440,888 239,452 34,450 7,021 18,733 264,002 258,916 126,731 2,253,362 79,589 57,663 170,498 35,910 896,344 172,493 79 Palm Beach Pasco Pinellas Polk Putnam St. Johns St. Lucie Santa Rosa Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Walton Washington 1,131,184 344,765 921,482 483,924 70,423 123,135 192,695 117,743 325,957 365,196 53,345 19,256 13,442 443,343 22,863 40,601 2O,973 AGENDA IT~_M FEB 1 0 200 Re: Grant # HFZ09 EXHIBIT 6-A BUDGET FORM 4 Grant Activity/Use TOTAL GRANT Requested Provider Name Location Homeless Population Served INSTRUCTIONS Please list your grant activity or use in order of priority. The r~imum grant shall be $137,500 in 2004. Only the top eight (8) applications shall receive this level of award. Ail ~:iher grants will be awarded at or below $82,500. Your order of use on this form shall be used to set the approYed budget, if your award is at the lower level. Grant Activity 1 Use Please use the same title or description used in the narra,,ive. Be sure to identify and list each activity to be funded, if more than one is proposed for funding. $ Requested List the amount of Challenge Grant requested for each ~ ~::, ;Iy or use separately and the total amount of the Challenge Grant requested. Provider Name Identify the specific entity, person, or agency to carry ou: each activity or use of the Challenge Grant Funding. If the lead agency will perform the activity directly, cite the name of the lead agency. If another entity will carry out the activity under contract with the lead agency, provide the legal name of that entity. Location Provide a specific street address or other easily identifiable location description, of where each activity will be carried out. If the activity or service is to be provided at more than one location or site, please list all locations or sites. Homeless Population Served For each activity, identify the homeless population to be served, and the estimated number of homeless persons to be served. For example, specify whether the service is for single adults, youth, families, families with children, or if special needs populations are serviced, like veterans, mentally ill, etc. 80 ~A ~T~ . I FEB 1 0 200z~ l J .... /7 Re: Grant # HFZ09 EXHIBIT 6-B EXPENDITURE SCHEDULE Grant Activity/Use $ Bud.cleted 3, $ 4. Estimate Draw By Quarter Ending 12/311033/31104 6130104 $~ $ $ $ $ $ $ $,~ $ $ $,~ $ $ $ $ $ $.~ $,~ TOTAL GRANT $ NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 pement of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. 81 AC.~u'~A ITEM FEB ! 0 Re: Grant # HFZ09 ~ -' EXHIBIT 7 4. Instructions for Continuum of Care Housing Gaps Analysis and Homeless Population Charts Housing Gaps Analysis Chart This required chart summarizes the information bom the Fundamental Components in the CoC System -- Housing Activity Chart and represents the CoC's judgment as to the need for additional emergency, transitional housing and permanent supportive housing resources. The estimated unmet need is based upon the status of the inventory at a point-in-time (one-day) and takes into account both existing beds and funded new beds that are not yet ready for occupancy but are under developmenL Include this required chart with your ConUnuum of Cam narratfve in your Exhibit f submission. 1. Complete the first column "Current Inventory in 2003." Enter thc number of existing beds serving thc community in 2003. This inventory includes only beds currently available for occupancy. Thc completion of thc "Current Inventory in 2003" for emergency shelter, Iransitional housing, and permanent supportive housing beds must be carried over from the subtotals shown under "Current Inventory" in each of the three housing component areas contained in thc Fundamental Components Housing Activity Chart. 2. Complete the second column "Under Development in 2003." Enter the number of funded new beds not ready for occupancy but under development in 2003. The completion of "Under Development in 2003" must be carried over from the subtotals shown under "Under Development' in each of thc three housing component areas contained in thc Fundamental Components Housing Activity Chart. 3. Complete the third column "Unreel Need~gap.· Enter the number of beds the COC determines lo be the unmet remaining need for each category. This number should represent the need for addilJonal beds after the current inventory and under development inventories are considered. This represents the Continuum of Care's judgment on the need for additional beds under each category. Homeless Population and Subpopulations Chart Completing Part 1: Homeless Population. This must be completed using statistically reliable, unduplicated counts or estimates of homeless persons in sheltered and unsheltered locations at a one-day point in time. The counts must be fi.om: (A) administrative records, (N) enumerations, (S) statistically reliable samples, or (E) estimates. The quality of the data presented in each box must be identified as: (A), (N), (S) or (E). Completin£ Part 2: Homeless Subpopulations. This must be completed using statistically reliable, unduplicated counts or estimates of homeless persons in sheltered and unsheltered locations at a one-day point in time. The numbers must be fi.om: (A) administrative records, (N) enumerations, (S) statistically reliable samples, or (E) estimates. The quality of the data presented in each box must be identified as: (A), (IV), (S) or (E). Sheltered Homeless. Count adults, children and youth residing in shelters for the homeless. 'Shelters' include all emergency shelters and transitional shelters for the homeless, including domestic violence shelters, residential programs for runaway/homeless youth, and any hotel/motel/apartment voucher arrangements paid by a public/private agency because the person or family is homeless. Do not count: (1) persons who are living doubled up in conventional housing; (2) formerly homeless persons who are residing in Section 8 SRO, Sheller Plus Care, SHP permanent housing or other permanent housing units; (3) children or youth, who because of their own or a parent's homelessness or abandonment, now reside temporarily and for a short anticipated duration in hospitals, residential treatment facilities, emergency foster care, detention facilities and the like; and (4) adults living in mental health fadlities, chemical dependency facilities, or cdminal justice fadlities. Unsheltered Homeless. Count adults, children and youth sleeping in places not meant for human habitation. Places not meant for human habitation include streets, parks, alleys, parking ramps, parts of the highway system, transportation depots and other parts of transportation systems (e.g. subway tunnels, railroad car), all-night commercial establishments (e.g. movie theaters, laundromats, restaurants), abandoned buildings, building roofs or stairwells, chicken coops and other farm outbuildings, caves, campgrounds, vehicles, and other similar places. 82 Form HUD-40076-C¢ OMB Approval No. 36-0112 (exp. 06/30/200:~ ~ F -9 1 0 200 Re: Grant # HFZ09 ~' 5. Methods used to Collect Information for the Housing Gaps Analysis and Homeless Population/Subpopulations Charts In order to assess the quality of the data identified by your community, please provide the following: a. For Housing Gaps Analysis Chart identify the data source (e.g., City Shelter Survey), and the methods (e.g., mail survey) for filling out the "Current Inventory in 2003" and "Under Development in 2003" columns. Briefly describe the basis for the community's determination as to the amount of unmet need for emergency shelter, transitional housing and permanent supportive housing for the homeless. b. Provide your community's definition of emergency shelter and transitional housing. c. For the Part I Homeless Population and Subpopulations Chart indicate the specific point-in-time date of data collection (e.g., March 30, 2003) for both the "sheltered" and "unsheltered." This must be only a one- day/night count. Describe your community's process and methods for collecting the data, including the reason(s) your community chose those methods. If your community conducts an enumeration of persons at least annually or uses administrative data from outreach programs to those living on the stre¢t, please provide a description of the lead agency/contact person and the process for data collection and coverage in the community. d. For the Part 2 Homeless Population and Subpopulations Chart indicate the methods for determining homeless subpopulations in general and the chronic homeless in particular. e. Describe yonr community's plans for conducting an annual update of the Fundamental Components in the CoC System Housing Activity Chart. f. l}eseribe your community's profess for conducting regular point-in-time counts (not less than once every three years) of the "sheltered" and "unsheltered" categories in order to complete Part I and 2 of the Homeless Population and Subpopulations Chart nnd the collection methods you plan to use. 83 Re: Grant # HFZ09 -. Continuum of Care: Housing Gaps Analysis Chart Inventory in Development in Gap 2003 2003 Individuals Example Emergency Shelter 100 40 26 Emcr[~cncy Shelter Beds Transitional Housin~ Permanent Supportive Housin$ Total Persons in Families With Children Emerl~ency Shelter Beds Transitional Housins: Permanent Supportive Housin8 Total Continuum of Care: Homeless Population and Subpopulations Chart Part 1' Homeless Population Sheltered Unsheltered Total Emergenc¥ Transitional Example: ~ , 75 (A) 125 (A) 105(N) 305 I. Homeless Individuals 2. Homeless Families with Children 2a. Persons in Homeless Families with Children Total (lines 1 + 2a) Part 2: Homeless Subpopulations Sheltered Unsheltered lotal 1. Chronically Homeless 2. Seriously Mentally III 3. Chronic Substance Abuse 4. Veterans 5. Persons with HIV/AIDS 6. Victims of Domestic Violence 7. Youth 84 Form HUD-40076 OMB Approval N( AGENOA ITEM :o0(2 , / 2506-0112 (exp. 06/30/2003) FEB I 0 200~ Re: Grant # HFZ09 EXHIBIT 8 SAMPLE COUNTY HOMELESS POPULATION CHART Continuum of Care: Housing Gaps Analysis Chart Inventory in Development in Gap 2003 2003 Individuals Example Emergency Shelter 100 40 26 Emergency Shelter Beds Transitional Housin~ , Permanent Supportive Housin~ Total Persons in Families With Children Emer~enc~ Shelter Beds Transitional Housin~ Permanent Supportive Housinl~ Total Continuum of Care: Homeless Population and Subpopulations Chart Part 1: Homeless Population Sheltered Unsheltered Total Emergency Transitional · Example:~ ..... ~. 75 (A) 125 (A) 105 (N) 305 !. Homeless Individuals 841 1,712 2,848 5,401 2. Homeless Families with Children 2a. Persons in Homeless Families with Children 418 1,289 1,220 2.927 Total (lines I + 2at 1,259 3,001 4,068 8,328 Part 2: Homeless Subpopulations Sheltered Unsheltered Total I. Chronically Homeless 2. Seriously Mentally III 3. Chronic Substance Abuse 4. Veterans 5. Persons with HIV/AIDS 6. Victims of Domestic Violence ,~ · 7. Youth 85 AGENOA ITEM ! FEEt ! 0 200 Re: Grant # HFZ09 EXHIBIT 9 OPERATIONAL DEFINITION OF HOMELESSNESS In order to promote further clarification regarding who is ant] is not homeless, as well as consistency with the definition used in practice by U.S. HUD, the basic definition is expanded as follows: A person is considered homeless only when he/she resides in one of the places described below: 1. In places not meant for human habitation, such as ~-~rs. parks, sidewalks, abandoned buildings (on the street). 2. In an emergency shelter. 3. In transitional or supportive housing for homeless F.e.'~ons who originally ~:ame from the streets or emergency shelters. 4. In any of the above places, but is spending a short t~me (up to 30 consecutive days) in a hospital or other institution. 5. Is being evicted within a week from a private dwellir~g unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. 6. Is being discharged within a week from an institution such as a mental health or substance abuse treatment facility, or a jail/prison, in which the person ~',~s been a resident for more than 30 consecutive days and no subsequent residence has been iden!ified and the person lacks the resources and support networks needed to obtain housing. 7. Is fleeing a domestic violence housing situation, ne r:~sequent residence has been identified, and the person lacks the resources and support networks ,':eeJed to obtain housing. Examples of persons who are not homeless are those who 1. In housing, even though they are paying an exce~ ,a r.~mount for their housing, the housing is substandard and in need of repair, or the housing is crowded. 2. Incarcerated; however, upon discharge, the perso~ ,~ e igible if no subsequent residence has been identified and the person lacks the resources and sL]c~ort networks needed to obtain housing. 3. Living with relatives or fdends. 4. Living in a Board and Care, Adult Congregate LMng ?acility, or similar place. 5. Being discharged from an institution, which is required to provide or arrange housing upon release. 6. Wards of the State, including youth in foster care or j,uvenile detention facilities. 86 AGEI~A I1T~M FEB 1 0 200zt ~;. , Re: Grant # HFZ09 .. EXHIBIT 10 CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION From your Homeless Population and Subpopulation Chart, enter the total estimated needs, expressed in the number of homeless persons, for both "individuals" and 'persons in families with children." Total these two figures for a total estimated homeless population. Homeless Population A. Individuals (line 1) B. Persons in Families with Children (line 2A) Estimated Population (Sheltered and Unsheltered) Persons Persons TOTAL J Persons (lines 1 & 2A) Population of your Catchment Area. Using the data from the 2000 Census in Exhibit 5, calculate the population of your catchment area. County in Catchment Area A. Co 2000 Population TOTAL POPULATION I I Calculate your continuum's estimated homeless population per every 1000 population. Divide the total number of homeless persons by the total population of your catchment area, rounded to the nearest 1000 population. Divide Total Estimated Need homeless persons by population of catchment area to equal homeless persons/1000 population. NOTE: Round the number of persons to the nearest hundredth of a person. Source of Estimated Need Data. Homeless Population Chart on file with Office on Homelessness as of July 15, 2003. Amended Homeless Population Chart, as attached, with supporting narrative on the methodology used. Lead Agency Certification: I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is based upon a homeless population chart which uses data that (1) represents the housing need for homeless persons in the catchment area on any given night; (2) is not adjusted through the use of multipliers or other means; (3) is dedved directly from street counts, point-in-time surveys, homeless management information systems, service provider agency records, or other similar empirical methods; (4) includes only persons who are homeless according to the operational definition of homelessness used by HUD; and, (5) represents an unduplicated count or estimate to the greatest extent possible; OR that the data reported is based upon an adjusted estimate of homeless needs adopted by the continuum of care, which meets the requirements. FEB 1 0 200~ 87 Re: Grant # HFZ09 Name of Lead Agency: Name of Lead Agency Cedifying Official: Signature of Certifying Official: Date Signed: FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION IN THE APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE NEED PREFERENCE CRITERIA. NOTE: If this cedification is based upon the use of adjusted need data, then the lead agency must attach documentation to include an adjusted homeless population chad and wdtten narrative cleady describing the methodology used to meet the data standard contained in the certification. Failure to provide this matedal shall cause the certification to be invalid and the application shall be ranked last on this scodng criterion. 88 AGF_NOA ITEM FEB10200~ ~ Re: Grant # HFZ09 EXHIBIT 11 NOTICE OF STATUTORY LIEN Notice is hereby given that pursuant to Section 402.73(11) F.S., the State of Florida, Department of Children and Families, hereby asseds and gives notice of a statutory lien in the amount of $ against the following described property: [INSERT LEGAL DESCRIPTION AND STREET ADDRESS HERE] The department has a financial interest in the described property equal to a pre rata portion of the state's original investment in the then-fair-market value for renovations, or its proportionate share of the cost of the construction as compared to the then fair market value of the property upon the completion of the renovations or construction, which interest is in the amount of $ dollars as set out above. The department's interest is to be proportionately reduced and subsequently vacated over a ~ year pedod of depreciation unless this lien is satisfied before that time. As a condition of receipt of state funding for this construction or renovation the owner agrees that if it disposes of the property before the department's Lien interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. Estoppel letters or other information concerning this lien may be obtained by contacting: [insert Title of person to be contacted] at: Department of Children and Family Services Address For the Department: Date: Prepared by: [District Legal Counsel] 89 AGENDA FE~ 1 0 200~ ATTACHMENT III FINANCIAL AND COMPLIANCE AUDIT 90 Re: Grant # H~ ~. /4.,4 FE9 1 0 20u,~ ATTACHMENT III The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, the Department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department of Financial Services or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as def'med in OMB Circular A-133, as revised. In the event the recipient expends $300,000 ($500,000 for fiscal years ending after December 31,2003) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the Department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the Department shah be fully disclosed in the audit report package with reference to the specific contract number. Grant Page 91 Grant #I- AC.~=.NDA ITEM EB 1 0 200 PART II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entit) as ~c tined by Section 215.97(2)(1), Florida Statutes. In the event the recipient expends a total amount of state tir.~.n ct al assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient m~:>t have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Ft~.,r:da Statutes; applicable rules of the Executive Office of the Governor, the Department of Financial Ser~ ices 'xnd Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Ruies of the Auditor General. In determining the state financial assistance expended in its fiscal year, the re,, :,ient shall consider all sources of state financial assistance, including state financial assistance recei,, ed fi.om the Department of Children & Familit~, other state agencies, and other nonstate entities. StaTe financial assistance does not include Federal dirt~ or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.9'.; ?), Florida Statutes. This includes submission ora financial reporting package as defined by $:~ ~:,:n 215.97(2)(d), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expendiv.:r::s 5v contract number for each contract with the Department in effect during the audit period. The finan~ :.~ 3tatements should disclose whether or not the matching requirement was met for each applicable contr:ct. All questioned costs and liabilities due the Department shall be fully disclosed in the audit report pack,ce ',~ ith reference to the specific contract number. PART III: REPORT SUBMISSION Any reports, management letters, or other information requir:d to be submitted to the Department pursuant to this agreement shall be submitted within 180 days after the end of the prov. ider's fiscal year or within 30 days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract (2 copies) Department of Children & Families ASFMI Building 2, Room 301 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Copies of the reporting packages for audits conducted in accordance with OMB Circular A-I33, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required bl Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Feder: Auditing Clearinghouse), at the following address: Grant Page 92 Grant AGENOA ITEM No.~~ zF0 8 ! 0 200 Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (f), OMB Circular A-133, as revised. Do Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Providers, when submitting audit report packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the Department in accordance with Chapter 10.558(3) or Chapter 10.657(2) Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the Department or its designee, the Department of Financial Services, or the Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department or its designee, the Department of Financial Services, or the Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department. Grant Page 93 Gran! AGE~g:)A IT~.IVl lO 200q ATTACHMENT IV MONTHLY STATUS REPORT 94 Grant # HF AG~A FEB 1 0 200~ ~)9 i · ' ATTACHMENT IV 2004 CHALLENGE GRANT/Grant # HFZ09 MONTHLY REPORT LEAD AGENCY: Collier County Board of County Commissioners REPORT PERIOD: 1. Financial Provide a line item review of the grant funds received and disbursed to sub-grantees for each activity or use contained in your Challenge Grant applications. TOTAL GRANT AWARD: TOTAL GRANT RECEIVED: TOTAL GRANT DISBURSED TO DATE: $82,500.00 Challenge Grant Activity/Use Original Grant $ Expended Balance Budgeted Received (to date) Due 2. Progress on Completion of the Grant Activity(s) For each funded activity, provide a concise wdtten narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by June 30, 2004. Should any activity be Jdentified as facing the likelihood of NOT BEING ABLE TO BE COMPLETED BY JUNE 30, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, etc.). 3. Performance Measures The Lead Agency shall provide a thorough evaluation of the effectiveness of the Challenge Grant in achieving the stated purpose set forth by the Lead Agency in its application for funding. The Lead Agency shall document progress toward achieving the performance measures outlined in their application. In addition, the Lead Agency shall document and report on the number of homeless person ;~a~¢ifi~NoA served by each funded activity. ,___, I 0 200~' 95 Grant #H~09 ATTACHMENT IV ~Activity Type of Number of Number of Homeless Describe Homeless Population Service Homeless Served Served Contract served (Adults, Families, Children, Provided for the Month Period to Date Youth, Veterans, etc.) Activity Number of Housing Status of Person Served* . Homeless Emerg. Trans. Street My Discharged Friend Motel Not able Other Served Shelter Housing Own from or to Year-to-Date Home Jail/Hospital Relative's Determine Treatment Home Facility Enter Aggregate Totals Only. NO individual client level data shall be reported. *Housing status of the person served at the time they accessed or first received services funded under the 2004 Challenge Grant. Provide a copy of this report to both your DCF Contract Manager and to the Office on Homelessness. CERTIFICATION OF ACCURACY LEAD AGENCY CONTACT: Type Name 96 Date: Signature Grant #HFi '.09 AGENDA NO.~~_/ FEB I 0 2006 ATTACHMENT V REQUEST FOR RELEASE OF FUNDS SCHEDULE 97 10!15/03 CHALLENGE (;RANT Attachment V Request for Release of F.nds Schedule In accordance with the terms and conditions of the C hai lenge Grant Agreement the Grantee has been awarded the amotmt of $82~500.00, and the D~'par~ment shall release these funds in accordance with the following schedule, subject to :i: ~ .~,, ~fi lability of funds: DATE January 30, 2004 February 29, 2004 May 31, 2004 AMOUNT $27,500.00 $27,500.00 $27,500.00 For each payment request the Grantee shall prepare , :~,:l -:,~bmit a request for release of funds on the Grantee's stationary. 98 Gr~t#HF, )9 AO~NOA rr~! .... "Attachment B" AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS The Collier County Hunger & Homeless Coalition State of Florida Challenge Grant Grant #HFZ09 THIS AGREEMENT is entered into this day of , 20__Q._. by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "county", and the Collier County HunRer & Homeless Coalition {CCHHC}, a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as "SUBRECIPIENT." W[IEREAS, Collier County has made application to the State of Florida Office on Homelessness, effective January 27, 2004, and entered into an agreement with the State of Florida Department of Children and Families on behalf of the State Office on Homelessness, hereinafter referred to as "DCF", to act on it's behalf in the oversight and administration of the State Challenge Grant, hereinafter referred to as "CG". WHEREAS, pursuant to the aforesaid application County is undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at-risk of homelessness. WHEREAS, County believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT'S intent as stated in the proposal and attached exhibits and ali other terms and conditions as specified. WHEREAS, County, in accordance with the State Challenge Grant (CG) terms, and Sub-recipient desire to provide the activities specified in the CG application; and WI-IEREAS, the County desires to engage the SUBRECIPiENT to implement such undertakings of the Homeless ManaRement Information System Program as stated in the approved CG application as a valid and worthwhile County purpose. Page 1 of 9 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: ARTICLE ONE: DEFINITION AND PURPOSE A. DEFINITIONS Bo (l) "FAH" means Collier County Board of County Commissioners, Department of Financial Administration and Housing, and where applicable, its authorized representative(s). (2) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (3) "CG" means the State of Florida Challenge Grant Program. (4) "SUBRECIPIENT' means 501 (cX3) non-profit Coalition/Continuum of Care Member Agency. (5) "FAH Approval" means written approval of FAH department. PURPOS,,~. The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Services set forth in ARTICLE Two of this Agreement. One hundred percent (100%) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at-risk of homelessness. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT, in a manner satisfactory to the FAH, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet ir Exhibit "B," which are attached hereto and made a part hereof. Such services shall be performed, except as otherwis, specifically stated herein, by persons or instrumentalities solely under the dominion and control of the SUBRECIPIENT. ARTICLE THREE: TIME OF PERFORMANCE The timely performance and completion of the required Scope of Service is vitally important to the interest of DCF. The FAIl shall pay invoices directly with SUBRECIPIENT approval or reimbursement to the SUBRECIPIENT for the services described in ARTICLE Two and performed by the SUBRECIPIENT starting on the date of execution of this contract and continuing until the deadline for completion of the Scope of Services on June 30, 2004. All such services shall be performed by the SUBRECIPIENT in accordance with the applicable DCF requirements and with all requirements of this Agreement, and payment will be contingent thereupon. The SUBRECIPIENT shall complete all services described in Exhibit A, on or before the deadline date. No exceptions or extensions shall be granted. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the FAH for allowable costs as specified in the grant contract with DCF, in an amount not to exceed $82~500.00 for the services described in Exhibit "A". In an event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the FAIt and state ret utrements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and res' ~onsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the FAH. w _d~h qhall have access to ali records and documents related to the project. ,~C,f.~A t*~ no. /,. Page 2 of 9 ARTICLE FIVE: PAYMENTS A. Invoices that have been approved by the SUBRECIPIENT shall be paid directly by FAH or, FAH shall reimburse the SUBRECIPIENT. In both cases, payment will be limited to items in Exhibit A. B. The SUBRECIPIENT shall submit payment requests to FAH using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved iff The contractoffs/vendor's requests for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall the FAH provide advance funding to the SUBRECIPIENT or any other subcontractors/vendors hereunder. 2. This Agreement does not include reimbursement for project administration expenses. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPgENT mu~t adequately justify their absence, in writing, and furnish copies. 4. Upon receipt of the above enumerated documentation, and approval by FAH or designee, Payment shall be made by FAH. C. All disbursements by the SUBRECIPIENT must be fully documented to the FAH so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below. Within thirty (30) days after completion of all services to be performed by it, the SUBRECIPIENT shall render a final and complete statement to the FAH of all cOsts and charges for services not previously invoiced. The FAH shall not be responsible for payments of any charges, claims or demands of the SUBRECIPIENT received after June 15, 2004. ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to CG activities. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the FAH as the recipient funded by the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE CCHHC will designate a person to be available to the Coalition Member Agencies participating in the Homeless Management Information System Project to provide guidance on CG requirements. Page 3 of 9 A~A I~ FEB ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. Ao The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the FAH to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations and shall maintain the following financial records: An invoice and a copy of a warrant for all items purchased and paid for under standard SUBRECIPIENT procedures; The current, prevailing Agreement, all project contracts and corresponding billings and copies of warrants. Bo Co SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. The SUBRECII~IENT shall maintain project records and financial information so that the State could conduct an audit of CG activities and funds. All audits covering the use of CG funds shall be provided to the FAH department staff. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as FAH staff or DCF, ma~ deem necessary. FAH shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for six (6) years after completion of the project. ARTICLE TEN: EVALUATION The SUBRECIPIENT shall provide the FAH a final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of Project activities. ARTICLE ELEVEN: CONTRACT LIABILITY The FAH shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment of any aspects including providing goods or services to the SUBRECIP[ENT in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is no contractual relationship, either express or implied, between FAH and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to FAH hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each this Agreement. Page 4 of 9 a, rtic l~et4~rl~ /&A FEB 1 0 200 ~-~ ARTICLE THIRTEEN: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to CG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CG assisted activity, or have a f'mancial interest in any contract, subcontract or agreement with respect to a CG assisted activity or with respect to the proceeds of the CG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE FOURTEEN: INDEMNIFICATION The SUBRECIPIENT and his Contractor shall pay on behalf of or indemnify and hold harmless the FAH, its officers, employees, agents, and volunteers l~om and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or Contractor arising out of or in any way connected with the SUBRECIPIENT'S or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. For Construction activities the following applies: In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand paid by the FAH to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the FAH under the requirements of Section 725.06 Florida Statutes. This section of the contract will extend beyond the term of the contract. SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage hazards. Insurance shall be provided in an amount equal to one hundred percent (100%) of the full replacement value of the improvements with a loss payable clause in favor of FAH, DCF and SUBRECIPIENT, as their interests may appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto mutually agree to another or different application of insurance proceeds realized. ARTICLE FIFTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, and the SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY $2,000,000 per accident for federal and outside Florida litigation per Florida Star owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree tg damage coverage for a period not less than 10 years with deductibles not e: Comprehensive and Collision. Collier County Board of County Commissioners The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and Page 5 of 9 t~e ,q 7~R ?R tear ~11 m~i ~~s-~al ./ :eed[~l~ ~1000 for/~ shall fie endorsed FEB 1 0 200 to the policy as a Loss Payee. The SUBRECii' lENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary 3. ADDITIONAL 12qSURED The SUBRECIPIENT shall agree to endorse ~!' ~ ~ ~(3LrNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person c)r , ~-~anization endorsement, or its equivalent, to the Commercial General Liability. The Additio~,~! !~ured endorsement shall read "Collier CounW Board of County Commissioners, a Political Subdi~ i4, n ~,f the State of Florida~ its Officers~ Employees~ and Agents, c/o Department of Financial Admini~tn~.ti~m and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide z~ .~' ~'.~e on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to :~'~c COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect .~ idfin thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included ~, ~c certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY. ~¥ and through its Purchasing or Risk Management Department, in cooperation with the Department ,~.f Financial Administration and Housing, reserves the right to periodically review, modify, reject ~r ~ccept any required policies of insurance, including limits, coverage's, or endorsements, herein t?~ ~irne to time throughout the life of this Agreement. The COUNTY reserves the right, but not the ,iqigation, to review and reject any insurer providing coverage because of its poor financial conditi,'~ .r thi lure to operate legally. ARTICLE SIXTEEN: NON-ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without ~hc ¢rior written consent of the FAH and DCF. ARTICLE SEVENTEEN: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. Page 6 of 9 ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of , 20 NAME OF SUBRECIPIENT: BY: Signature BY: Print Name (SUBRECIPIENT SEAL) ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: By: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT and ENVIRONMENTAL SERVICES Patrick G. White Assistant County Attorney Page 7 of 9 ~aTWr/~OA ITEM FEB 1 0 200 SUB-RECIPIENT AGREEMENT FOR' COLLIER COUNTY HUNGER & HOMELESS COALITION EXHIBIT "A' SCOPE OF SERVICES SUBRECIPIENT AGREES TO: SECTION I ACTIVITY DESCRIPTION The Subrecipient is the umbrella organization and who will coordinate and implement the Homeless Management Information System as well as providing a systems administrator who will be available to each participating agency to provide on-going training and technical assistance. The Challenge Grant funding of $82,500 will be used for personnel costs related to the contract employment of a Systems Administrator and to purchase the system software for HMIS implementation. Any remaining funds will be used to purchase necessary hardware for the participating agencies. SECTION II AREA OF SERVICE The homeless population served will be all homeless and at-risk of homelessness individuals in Collier County. SECTION III WORK SCHEDULE January 2004 - Sign contract with software vendor February 2004 - Hire Systems Administrator June 2004 - HMIS implementation in progress - completion in August 2004 SECTION IV WORK REVISIONS The work elements contained herein set forth specific objectives, activities, and schedules. All requests for revisions to Section I through III may be deemed necessary by the Subrecipient, but are subject to prior written approval by FAH. SECTION V FAll AGREES TO: Ao Provide funding for the above specified improvements described in the Scope o£the Project, during the term of this Agreement, in the amount of $824S00.00. Provide project administration and inspection to the SUBRECIPIENT to ensure compliance with the Department of Labor, and applicable State, Federal and County laws and regulations. Monitor the SUBRECIPIENT at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by FAH, be conducted by FAH staff, and will serve to ensure compliance with DCF regulations, that planned activities are conducted in a timely manner, and to veri reporting to FAH on program activities. ,u~ ,//~ Page 8 of 9 FEB 1 0 200q EXHIBIT "B' REQUEST FOR PAYMENT REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ Payment Request # SECTION I1: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Stun Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the FAH, if not retained by $ the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the FAH and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator: Supervisor: Department Director: Signature Date Title Page 9 of 9 EXHIBIT 12 LEAD AGENCY ADMINISTRATIVE INFORMATION The department is not responsible for the cost of preparation of any application. Any expenses incurred in the preparation of an application must be borne exclusively by the Lead Agency. Complete Legal Name of Lead Agency Address including City, County, State and Zip Code Collier County Board of Commissioners Department of Financial Administration and Housing 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34104 Name and Title of Donna Fiala, Chair Authorized Official Collier County Board of Commissioners Name and Title of Contact Janeen D. Person, Grants Development Coordinator Person Phone Number including (239) 213-2901 Area Code JaneenPerson~colliergov.net E-Mail Address Vendor Identification 59-6000558 Number (Federal Employer Identification Number) Fiscal Year End Date September 30th (Month and Day only) Geographic Area Served Collier (Counties) Type of Entity: [] State [] Municipal x County [] For Profit Organization [] Other (Describe) [] Nonprofit Organization (Attach IRS 501 c 3 or other support document) The lead agency certifies that the facts and information contained in this application and any attached documents are true and correct and the lead agency accepts the grant terms and conditions. Signature of Authorized Official Title Date AGENDA rltM FEB 1 0 20[' Assistant County Attorney EXECUTIVE S U M MARY APPROVE A BUDGET AMENDMENT RECOGNIZING THE FISCAL YEAR 2003-2004 STATE CHALLENGE GRANT AWARD IN THE AMOUNT OF $82,500 TO BE PASSED THROUGH 100% TO THE COLLIER COUNTY HUNGER AND HOMELESS COALITION. OBJECTIVE: To recognize the FY 2003,2004 State Challenge th'ant to be passed through 100% to the Collier County. Hunger and Homeless Coalition ( t.'(i~ ! itC). CONSIDERATIONS: At the september 23, 2003 BCC meeting the Count 3 ¥1anager informed the BCC that he had signed and approved the submission of the Ch:~llcnge Grant Application to the State Office on Homelessness due to the necessity o( ~n~'eting the grant deadline and BCC meeting schedule. The Challenge Grant was awar,..Icd to Collier County on October 2I, 2003 for $82,500 and will be passed through to ibc t'ollier County Hunger & Homeless Coalition (CCHHC) to be fully expended by June 3~ !, !004. FISCAL IMPACT: There is no impact on general revenue funds. ::,~,,:,:%nizing this grant award will allow the County to act in its role as the Continuum o~' t' ~-c Lead Agency and pass these funds through 100% to the CCHHC. GROWTH MANAGEMENT IMPACT: These funds are in general compliance with the concept of the County's Growth Management Plan by promoting the continued cxt~ansion of local resources to provide affordable housing through increasing County residents self-sufficiency. RECOMMENDATION: That the Board of County Commissioners appro~ c ~he attached Budget Amendment. AGENDA ITEM .o. FEB 1 0 200q / JanSen D. Pemon, Grants Devel0p}~ent CoordinatOr Finahcial Administration and Housiflg REVIEWED BY: ~ Date: / - Le~ Combs, HUD/Fe~al Grants Manager Fir~ancial Adj~tri~istr~tioh and Housing REVIEWED BY: [~[-~//~~ Date: /-o-~ H. Denton Baker, Director Financial AdminiTa7 and HTsing flosj~ph K. Schrhitt, Adrm'nis(rator / '/ unity Development & Environmental Services G:\Other Grants\CoC\State Grants\2003 State Grants\Challenge~BCC SUMM BUD AMEND.doc ! ~c, ra~ rr~ - EXECUTIVE SI/MMARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "INDIGO LAKES UNIT · ~O" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Indigo Lakes Unit Two" CONSIDERATIONS= On December 11, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Indigo Lakes Unit Two" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. FEB /__._ Executive Summary Indigo Lakes Unit Two Page 2 R~COM~NDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Indigo Lakes Unit Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Jo~~strator Co?afaunity Dev. and Environmental SVCS. Date AGENDA iTE. NI FE8 1 0 200 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTT COMMISSIONERS OF COLLIER COUNTT FLORIDA TO AUTHORIZE FINAL ACCEPTAN{ OF THOSE ROADWAY, DRAINAGE, AND WA AND SEWER IMPROVEMENTS IN IND[GI) LAKES UNIT TWO, RELEASE OF ...MAINTENANCE SECURITY, AND ACCEPT MAINTENANCE RESPONSIBILITY FOR ROADWAY, DRAINAGE, AND WATER SEWER IMPROVEMENTS THAT ARE REQUIRED TO BE MAINTAINED BY HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier r.' :',mty, Florida, on May 2, 2000 approved the plat of Indigo Lakes Unit Txvo for recording: WHEREAS, the Developer has constructed and maint.~.::~..,,' the roadway, drainage, and water and sewer improvements in accordance with th~. ~i i,r.2ved plans and specifications and as required by the Land Development Code (Collicr ~' ,~.mty Ordinance No. 91-102, as amended), and the Utilities Standards and Procedur.:~ :~!inance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final accept:moo 4' the roadway, drainage, and water and sewer improvements and release of[ds mare?: .:;,,ce security; and WHEREAS, the Engineering Review Department of (',,'7 Development Services has inspected the roadway, drainage, and water and sew.zr ::- ' ~'ments, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE B~)'~iA> ~)F COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that fin.d :,:._c:qance is hereby granted for those roadway, drainage, and water and sewer impro,. :::~ :nfs m Indigo Lakes Unit Two, and authorize the Clerk to release the maintenance security.'. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage. ::r:d ',,. ater and sewer improvements that are not required to be maintained by the h~digo L ..k?s homeowners association. This Resolution adopted after motion, second and majority ', otc t'avoring same, this __ day of ,2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: enn'i ~r Be pedio Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, By: DONNA FIALA, CHAIRMAN FEB 1 0 2006 EXECUTIVE ;i ~ATER ~ S~R IMPROVES FOR THE FI~ P~T OF "I~I~O ~S ~IT FOUR" THE RO~WAY ~ D~I~GE IMPROVES WiLL BE PRIVATELY ~I~AI~D, THE WATER ~ S~R IMPROVES WILL BE ~I~AI~D BY COLLIER CO~Y OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Indigo Lakes Unit Four" CONSIDERATIONS: 1. On May 6, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Indigo Lakes Unit Four" o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the-improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. FEB 10 200q [ t Executive Summary Indigo Lakes Unit Four Page 2 RECOMMENDATION~ That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Indigo Lakes Unit Four" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, PoE. Engineering Review Director / County Engineer Date APPROVED BY: J~s/ph K. Schmitt, AZdministrator C~%munity Dev. and Environmental Svcs. ~at/e v FEB 1 0 200 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUN'iY COMMISSIONERS OF COLLIER COUN FLORIDA TO AUTHORIZE FINAL ACCEPTAN,'E OF THOSE ROADWAY, DRAENAGE, .AND WA AND SEW~ER EMPROVEMENTS IN INDICi() LAKES UNIT FOUR, RELEASE OF MAINTENANCE SECURITY, AND ACCEPT MAINTENANCE RESPONSIBILITY FOR ROADWAY, DRAINAGE, AND WATER SEWER IMPROVEMENTS THAT ARE REQUIRED TO BE MAINTAINED BY HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier ~ . ,:mty, Florida, on December 12, 2000 approved the plat of Indigo Lakes Unit Four for recording; and WHEREAS, the Developer has constructed and rnaint,::...i ~he roadway, drainage, and water and sewer improvements in accordance with the :':~r'oved plans and specifications and as required by the Land Development Code (C e iii ~:r: ' ~2nty Ordinance No. 91-102, as mended), and the Utilities Standards and Procedur:s ~ ~rJinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptan.: ,!' the roadway, drainage, and water and sewer improvements and release of his mam[,':~ance security, and WHEREAS, the Engineering Review Department of ('~-:,~ ::~t,.' Development Services has inspected the roadway, drainage, and water and se,.~ c~ .... , ements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE B~. :.:) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that fim~.! acceptance is hereby ffanted for those roadway, drainage, and water and sewer improvements in Indigo Lakes Unit Four, and authorize the Clerk to release the maintenance securit:, BE IT FURTHER RESOLVED AND ORDERED that d',e County accept the future maintenance and other attendant costs for roadway, drainage..?.~d x, ater and sewer improvements that are not required to be maintained by the Indigo [ .&es homeowners association. This Resolution adopted after motion, second and majority' '. ,.;re favoring same, this __ day of ,2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: J enn"~'e~-Belpedio Assistant Collier County Attorney BOARD OF COUNTY CO,LMISSIONERS COLLIER COUNTY. :: By: DONNA FIALA, C'i iAiICMAN FEB 10 200 Pg. EX'.CUT i'VE SUNI~Y ~'~REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NAPLES LAKES COUNTRY CLUB UNIT TWO" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE To grant final approval of the infrastructure improvements associated with that subdivision known as "Naples Lakes Country Club Unit Two" CONSIDERATIONS' On June 29, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Lakes Country Club Unit Two". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. ThiS Executive Summary has been reviewed and approved by Transportation SerVices and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAG~NT IMPACT: There is no growth management impact. Executive Summary Naples Lakes Country Club Unit Two Page 2 RECOMMENDATION~ That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Lakes Country Club Unit Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: o~e h~.~. Sc~istrator C~m~unity Dev. and Environmental Svcs. 200~ RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN FLORIDA TO AUTHORIZE FINAL ACCEPTANt OF THOSE ROADWAY, DRAINAGE, AND W.X. [ 2 i~ AND SEWER IMPROVEMENTS IN NA?LL> LAKES COUNTRY CLUB UNIT TWO, RELE.\5 1 OF THE MAINTENANCE SECURITY, .'~.':! ACCEPT THE MAINTENANCE RESPONSIB!L~i', FOR THE ROADWAY, DRAINAGE, AND W:X. 'i: AND SEWER IMPROVEMENTS THAT ARE Ntt!- REQUIRED TO BE ~MAINTAINED BY I HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier, ' :u:~ty, Florida, on June 27, 2000 approved the plat of Naples Lakes Country Club Up. it i,.o £or recording; and WHEREAS, the Developer has conslructed and mair'~[~:,: t :.he roadway, drainage, and water and sewer improvements in accordance with :!'.~ : :,roved plans and specifications and as required by the Land Development Code (C~A'. i-~:, <>,mty Ordinance No. 91-102, as mended), and the Utilities Standards and Procedur:: ~ !inance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final accepta~xc~ r~ the roadway, drainage, and water and sewer improvements and release of his mam~.~: ~nce security; and WHEREAS, the Engineering Review Department of (~: .x'.' Development Services has inspected the roadway, drainage, and water and sc,.~ :: -~-ments, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE !?' ',i~73 OF COUNTY CONh~MISSIONERS OF COLLIER COUNTY, FLORIDA, that tinai .~ .... prance is hereby granted for those roadway, drainage, and water and sewer improvemcv/.s :a Naples Lakes Country Club Unit Two, and authorize the Clerk to release the mai:~::~.mcc security. BE IT FURTHER RESOLVED A15rD. ORDERED that i~' '~ ,:t:nty accept ihe future maintenance and other attendant costs for roadway, drainage, t~:d ,,, ater and sewer improvements that are not required to be maintained by the Naples [.:~kcs Country Club homeo,~mers association. This Resolution adopted after motion, second and majont?' '. ,::e thvoring same, this __ day of ,2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: J~nni fer 'B~l[~o Assistant Coli'iO County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. F[.( )RIDA By: DONNA FL~.LA. ~ .:L\~RaMAN EXECUTIVE SUMMARY ~-~REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "BRYNWOOD PRESERVE" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVEs To grant final approval of the infrastructure improvements associated with that subdivision known as "Brynwood Preserve" CONSIDERATIONS~ On December 6, 2002 the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Brynwood Preserve". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This EXecutive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACTs There is no growth management impact. Executive Summary Brynwood Preserve Page 2 RECOMMENDATION~ That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Brynwood Preserve" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: JOhn R. Houldsw'orth, Engineering Review Senior Engineer Date Thomas E. Kuck~ P.E. Engineering Review Director / County Engineer APPROVED BY: ~00~ SD~v~.itatn~ ~n~'.ll~[onmental Svcs. FEB102006 ! RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COl'NIT COMMISSIONERS OF COLLIER COUN'I FLORIDA TO AUTHORIZE FINAL ACCEPTAS~ OF THOSE ROADWAY, DRAINAGE, AND AND SEWER ~IPROVEMENTS IN BRYN~V(-)(~D PRESERVE, RELEASE OF THE MAINTENANt SECUR/TY, AND ACCEPT THE MAINTENA;., RESPONSIBILITY FOR THE ROADu DRAINAGE, AND WATER AND S IMPROVEMENTS THAT ARE NOT REQUIRED BE MAINTAINED BY THE HOMEOX, VN ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier, ::try, Florida, on May 22, 2002 approved the plat of Brynwood Preserve for recordm_~ .r:,t WHEREAS, the Developer has constructed and mamtam,:d the roadway, drainage, and water and sewer improvements in accordance with !!~z ,",roved plans and specifications and as required by the Land Development Code ICoiti.. r t ',,unty Ordinance No. 91-102, as amended), and the Utilities Standards and Proc edur, 5nance (Collier County Ordinance No. 01-57); and WltEREAS, the Developer is requesting final accept,moo .¥ the roadway, drainage, and water and sewer improvements and release of his ~:::::~ ::~ ~nce security; and WHEREAS, the Engineering Review Department of C, :;,: .: ~,. Development Sen'ices has inspected the roadway, drainage, and water and se,,~ ,~,' :ments, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE Lg_: .':? OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that tS:~l :...?:ance~ is hereby granted for those roadway, drainage, and water and sewer impr.m .' :znts in Brymvood Preserve, and authorize the Clerk to release the maintenance secur',t'. BE IT FURTHER RESOLVED AND ORDERED that 5:c C)~mty accept the future maintenance and other attendant costs for roadway, drainage, .:nd water and sewer improvements that are not required to be maintained by thc 23tSn,.~ood Preserve homeowners association. This Resolution adopted after motion, second and majority ,. ,,re !'avoring same, this __ day of ., 2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Assistant Collier Cbqllty Attorney BOARD OF COUNTY L*OMMISSlONERS COLLIER COUNTY. '- ' ~' r f ..... ID.&. By:. DONNA FIALA, ~ i4.\iRMAN AO~.NI:)A ITF_M FEB 1 0 200 t EXECUTIVE $~Y .~EQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "FIDDLER'S CREEK PHASE 3, UNIT TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE ~ To approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Two", a subdivision of lands located in Section 13 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Phase 3, Unit Two" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the ~_, Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat "Fiddler's Creek Phase 3, Unit Two" be approved for recording. of FISCAL IMPACT: The project cost is $1,408,242.66 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $718,457.33 - $689,785.33 The Security amount, equal to 110% of the project cost, is $1,549,066.93 FEB 1 0 200 Executive Summary Fiddler's Creek Phase 3, Unit Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $43,042.28 Fees are based on a construction estimate of $1,408,242.66 and were paid in August, 2003. The breakdown is as follows: a) Plat Review Fee(S1,000.00 + $5/ac $ 1,195.00 b) Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $ 5,388.43 Drainage, Paving, Grading (.75% const, est.)$ 5,173.39 c) Construction Inspection Fee Water & Sewer (2.25% const, est.) - $16,165.29 Drainage, Paving, Grading (2.25% const, est.) - $15,220.17 GROWTH ~'~%.NAG]~'~]~NT IMPACT= The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES= There are no outstanding environmental issues HiSTORICAL/ARCHAEOLOGICAL IMPACTs There are no historical or archaeological impacts EAC RECOMMENDATION= Approval CCPC RECOMMENDATION= Approval PLANNING SERVICES STAFF RECOMMENDATION= That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase 3, Unit Two" for recording with the following stipulations: 1. Approve the amount of $1,549,066.93 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. FEB 1 0 200 Executive summary Fiddler's Creek Phase 3, Unit Two Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b.. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: Services FEB 10 200 Sheet ^VESMT2002-^I~24~ EXECUTIVE SUMMARY PETITION AVESMT2002-AR3244 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ALL OF THE CONSERVATION EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 1947, PAGES 429 THROUGH 436, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATION CONSERVATION EASEMENT. LOCATED IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST. OBJECTIVE: To adopt a Resolution to vacate all of the Conservation Easement conveyed to Collier County 'i~y separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida, and to accept a relocation Conservation Easement. ~' CONSIDERATIONS: Petition AVESMT2002-AR3244 has been received by the Engineering Services Department from Donald A. Pickworth, Esq., as agent for the petitioner, Naples Golf Development, LLC, owner of the subject property, requesting the vacation of all of the Conservation Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida. The Conservation Easement was granted to Collier County in 1994 pursuant to a requirement by the South Florida Water Management District as part of a surface water management permit that was sought by the former property owner in connection with the proposed construction of a golf course. The former owner went through the permitting process and SFWMD required the Conservation Easement to be granted to Collier County to preserve certain wetlands. Accordingly, the former owner granted the Conservation Easement to Collier County. However, the golf course was never built and the former owner abandoned the project but did not obtain a release of the Conservation Easement that had been granted. A~ENOA IT~.M FEB I 0 200q [ Page 2 of 3 AVESMT2002-AR3244 The Petitioner purchased the property in 1999 and obtained a new conditional use to build an executive golf course. The Petitioner then applied to SFWMD for new permits which required the granting of a new Conservation Easement which slightly modifies the eastern boundary of the 1994 Conservation Easement and which includes the "Impacted Parcels 1, 2 and 3" which were excluded in the 1994 Conservation Easement. Although the 1994 SFWMD procedures required granting the Conservation Easement to Collier County, the new permit procedure requires' the Conservation Easement to be granted to SFWMD and this has been done. Nevertheless, the Petitioner proposes to grant the new Conservation Easement also to Collier County. The 1994 Conservation Easement contains 5.65 acres and the new Conservation Easement contains 8.69 acres. The Collier County Department of Environmental Services has no objection to the Conservation Easement vacation and relocation. Letters of no objection have been received from the following Collier County Departments: Transportation, Stormwater Management, Environmental Services and Sheriff. Letters of no objection have also been received from Media One and Sprint. Zoning is Agricultural. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation on January 8, 2004. FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. ENVIRONMENTAL IMPACT: The property owner is requesting a vacation of the existing Conservation Easement and will grant a relocation Conservation Easement which will be 3.04 acres larger than the existing Conservation Easement. FE'B 1 0 2004 Page 3 of 3 AVESMT2002-AR3244 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2002-AR3244 for the vacation of all of the Conservation Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida; and 2. Accept the relocation Conservation Easement as described therein; and 3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: [~,~---~-~' ~ Rick Grigg, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E. Engineering Services Director DATE: APPROVED BY~o~ C~ffununity Development & Environmental Services DATE: FEBI0200 RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2002-AR3244 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ALL OF THE CONSERVATION EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 1947, PAGES 429 THROUGH 436, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATION CONSERVATION EASEMENT, LOCATED IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST. WHERE~S, pursuant to Section 125.01(t), Florida Statutes, Donald A. Pickworth, Esq, as agent for the petitioner, Naples Golf Development, LLC, owner of the subject property, does hereby request the vacation of all of the Conservation Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating all of the Conservation Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida. as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, TItEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's Conservation Easement interest over and across of all of the Conservation Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page i of 2 FEB 1 0 200 , BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Conservation Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation Conservation Easement for the Conservation Easement vacated herein. BE 1T FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of ,2004, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Donna F[ala Chairman Approved as to form and legal sufficiency: PatriCk ai-wSait.~ Esq. Assistant Count~aAttomey FEB 1 0 200 pg. %~" Page 2 of 2 .01821'807 .I.,UER' COUNT Y' 'HAY 13 0U I°PII,.? RECORDED OR BOOK PAGE CONSERVATION ~IZS ~NSERVATION ~~,' ~de a~ en~er~ J,~o ~hl~ 14~h day Naplem, Flort~ 33962, mm Gra~or, to ~lllmr ~nty, a ~lltlcml ~mt ~mimmi T~il. Nopl~. Florl~ 33J62. all ~e parties ~o ~hl; inS~rUHn~ a~ their rea~ctive hei~, H X TN ES S ETfl~ In ~lller ~ty, Florida (m~ atta~ e~lbtt), a~ ~ Gran~r d~lr~ to devel~ ~ rial pro~rty;' Hll~. ~rt or that pr~s~ pr~rty, l~At~ S~mte~ ~rtJ~ of ~e site, ms ~re ~rtlcttlatly dmmcrl~ on Exhibit ma' attochal hereto (herelsmtter rererr~ to as the '~rty') Is presently unimpr~, a~ Itches la~s pr~ominately In their natural, scenic, as suitable bah]tat ;or e~em~c plan~a~ kre~, ;sUM. wildlife; a~ ~1~, Gran~ee vashti to ensure tha~ on sites or pro. rites of Integrity a~ ~yml~l ap~ara.~ of ~he Pro~rty i~ re~al~. ~, ~IEREFORE, Otalttor grants and conveys on easement Jn a~ to ~he Exhibit "AU Pro~rby ii, Ich ~hall have the s~ ami ~ .ubJect ~o the remtrJctiOllS a~ COVeltAntS tJlfl~ ~co~ of the haunt 1. ~ls eaeeMnt conveys ~o ~he Gran~ a ~o~uaJ ~n~mrom~ ~n the Pro~rty, con. istJ~ or t~ follwl~ affirmative negative ~venonto on ~he ~r~ of the Gran~oc a~ Gran~.' h. No cor~tructlon or phasing of bulldim~0 roads, signs, blllboarde or other advertising, utilities or other structures of any kind whatsoever alt or flhove the ground o. kite Property shall be ,ndertflken vt)hoot bite prior .ritten co.sent of the Grantee. B. No dtmp~ or plactt~ of soil or other su~ta~e ~hote~ver, or dumpl~ or plocl~ of ~rash, va8te or u~Jgh~ly or offensive artetlfll on the Pro~rty. C. Ho re~val or deet~tJon of native trees, sh~, or other vegetation on ehe p~rey, except for the of noxious or exotl.': vegetation ns r~lred Jn any regtorot~on mitigation plan, or trees vh~ch ore v~in golf play areas. D. No surface use except for pur~aes tha~. ~rmlt the or rater art q to be pr~om~na~ely In lt~ natural co~tlon on e.~2 Prolerty. E. No actlvle.tes ~etrlmental to drainage, tl~ control, rater manage~nt, varec conse~at~on, rater quality, erosion control, eo~l conse~at[on or :lsh or vlldllfe hab~a~ p~;e~ib~on of ~hm r. No acts or -see detrimental to such rete.tion of la~ rater areas on the Pro~rty. ~ecelv~d ~_.~,.~.~. r ~.e.~ ,ece I~d $ EXIflBIT "A" SHEET I OF S AVESM'TZ(N)2-AR3244 A C.-~ A ITEM FEB 1 0 200 conserves I on' EaseBont #ap/es L'xe~utivs CoUnt. Fy C~ub.O~nSO0~ Page T~o 0001 30 PAGE EXHIBIT S~'F 2 OF 8 .AVF~MTt002-AR3244 O. All reinvading mzotlo vegetation shall bo removed on Il. T~aro sholX bo no axoavatlon, dFod~lng, or reooval of loam, peat, gru~el soil, rook or oth~r material aubstn~ In such MnMF OS to affect tho ~roperty described hflFaJlJ o~ eitiqatio~ has boe~ co-plated. 1. Tiara ahall bo ~o acta or usaa detrimental to preservation of the OtFucturul integrity or app.& rmr~'e of ~e Pl:op~rty Isscribed herein historicul0 arohiteotural, a~haeolo~lcal, or cultural ~t ~J. flcsnce. 2. Hotvithetmadinq any other provinJorm o£ thio iMtrmsont, Grantor or Gr&ntoA My grant mn oma.mona for drainage and/or voter mon0gsm~n~ pUrl~SOs over nil or port of ~bo Property and pursuant thereto° confltruct nad MAntels the dr&ln~go facilities all in occoFdam~o vJth Bough Florida Water 3. In tho event of violation or any covenant oontained in ConnervotJon ~ns.ment, th~ Grantee shall )w~ entitled to purn~ oJ] available legal &mi equitable rem~dion, Irmludlng inlunot J on. be executed the dlt(~ ~nd yelr firms ~bove glisten. STATE: OF FLORTDA COt~r~ OF ~OLLIE~ HAPLES CXRCUTZVE CCUHTRY CL~D, INC., o Florida corporation this ~t day of ~~' , 1994, by L. R. Brill, ~ratlo~, ~o lo ~onmlJy k~n to ~ or who has p~uoed ~~ ~ ~T~.~ . A~A I~ "~ "* · '.': "~'~" I~* ~.t~ ~tt~l~ II Id~tlD. DESCRIPTION OF PRESERVE A~tEA ~, ~ ~, F~;IUA~ SAIU PARCEl, OF ~ND DKIHG COIIHEHCZNG AT TIlE SOUTIIK,'~'T CORNER OF Tile SOUTIINF, S'~ - OOARTIr:R(SNI/4) OF SAID SECTION 17; TllEHCE HO~l 00'27v26" ~T A~ TIlE ~ERL~ LINK OF SAZD SO~IIHE~ DIe. CE OF 128.90 FE~ ~ AH I~RSE~Z~ Hill A LINK PARAlleL Wl~l ~IE NOR~I~STERLY IIICI~-OF-HAY LIHK OF TAHIAHI ~AIL (U.S. 41 -S.R. 90); ~I~CE IIO~1 54'1~']1" H~ ~ZH~ ~R A DI~AHCR OF 750.0R F~; TIIFJIC~ HO~l fl4'22'01" ~/NUIHQ A~NG SAID PhiLO'S, LIHK ~R ~ ~ l~g~g~lON Hl~ll TIlE CEI~BRI,IRR OF AH tX)~IIIG llOYD; ~I~C~ S~! 35'37'59" W~ AiOHC SAID CEleRY]HR ~R OF 400.00 FB~ ~ ~ lt~;RgR~ION HL~I R~ll) HO~I~RRI.Y HO~I~R~Y R~GI~-OF-HAY I,tHK ~R A I)I~h~ICR ~i~ ~1~ OF DEGIHH/HC OF ~iE IIEll~ill I)E~CRIDEU PRF~IIV~ 1; T~IBMCE NORTIi 09'26'26" FAST FOR A I)ISTAIICE OF ]3.0.5 FEET; 'III~IC~ NORTII 62'59*0?# H~qT FOR h I)I~AHCR OF 21.~fl TIldE ;I 74'2B~19~ HK~ FOR ~ UIS~ICK OF 15.1~ ~1~ NOel 61'22~OB" HF~ FOR A DI~AIICR OF 17.55 ~I~CE NO~l 55'40e47" HK~ FOR A I)]~AHCE OF ~3.~ FK~; 3~IENCE NO~l 50'39e54" HK.~I' TO~ A III~TAIICR Or ~2.44'FE~ ~ A ~l~ BEARS HO~i ~3'0U'40' EAST: TIIENCE HO~IN~RR~Y AI~HC ~AIU OiItVE, ~ICAV[ HO~JIKA~TERLY, /IhVl~ A ~DIUS OF loo.gJ F~, A CKI~'RAi, A,GI,F. UF 35')A'19" FOIl ARC D~ OF 62.10 FgEF 1~ A FOJIIT UF I~[~;L'FIUII ~11'11 h ~IENC~ )E~I 69'02~23" HE~T FOR A I)[S~AIICK OF 28.2~ FK~ ~ A OF ~RVA~: TIIENC[ NO~I;R~; ALONG 5AIU ~RV~, ~HCAV~ ;A~;RI.Y, IIAVI~G A DISTANCE OF 3~. 18 FE~ ~ A ~J~ OF I'ArI(:KI~CY: TIIEHCE HOWl 72'~6* 1.7" I:A~'I' F~I{ A I)I~'J'ANCR OF 77.7J FK~ 1~ A I~l.l~ OF CURVA~RE; THENCE E~ERLY AI~I~ SAID CURVE,. CONCAVE ~O~'IIERbY, IIAVI~I~ A ~U~US OF 40.00 FE~, A CE/~RAI, ANG;,R OF 31'5~'53" FOR AH ARC DI~AfiC; OF 22.27 FE~ q~ A ~JIFr OF ~i.tI~'LI~ID THENCE SO~I~ST~R~Y Ai~IIG SAID C~RVK~ ~OIICAVE SOU'FIIH~TERI,Y~ IIAVIHG A ~DIUS OF ltU.OO FK~I', A CKU'J'IIAI, Allt;L.E ~F 3fl'59'35" FIji{ All ARC DISTANCE OF 74.06 FE~ ~ A I~JIIT Or' ~U~U,U JIAVINC A ~D1US OF 50O.flO Fg~, A CEN'~'ItAi, h/Igl~ OF ll'47t2t)" FOIt Al; ARC D/STAHCE OF 102.88 I~E~ TO A I'UIIFF OF REVERSE CUJtVA~IRE: THENCE SO~IE~TERLY ALONG SAIl) ~RVE, COllCAVE UORTIIEASTERbY~ tIAVIHG A ~UIUS OF 189.1)0 FE~, A CErJ'I'itAI, AIIGI.C OF 11'55))q" FOR Ali ARC DISTAHCE OF 39.33 rE~ ~ A ~IHT OF REVFR~E ~IEHCE SO~i~TERI,Y ALa.qIG 3AJU L~I~VE~ COHCAVE soIrI'II~KETERbY, JIAVIHG h ~D/U8 OF ]O0.-O FE~, A CEUTRAI, AN(:J,E OF 43'36~32" FOIl NON-T~CE~ THENCE HO~] 8~'4~50= FAET FOR A D~ETAHCE OF 56.~5 FK~ ~ A OF X~E~E~OH HZTU A I;OH-TANGE~ ~RVE FROH HII~CII THE ~D~US ~NT B~RS HORTll 81'2~54' ~EHCE NOR~iZRLy A~HG ~A~I) CO]WE, CO]ICAVE EASTERLY, II~V~llG A ~DIUS OF 95.00 FE~, A CE;~T~AL A~IGLE OF 55~I1'45' Fo~ AU ARC D/STANCE OF 91.52 FEC: TO A POINT OF TAUC~ICY: THENCE NO~U 46'33~39' };~;T FO~ A DL~TAUCE OF 50.36 THENCE NOR~I 23'04~44' EAST FOR ~ DISTAIICE OF 45.75 TE~ ~ h OF ~RVA~HE; TIIEHCE HO~IIERbY A~-SASD CURVR, CONCAVE WESTE~I,Y, IIAVINC A ~DIUS OF 15.OO FE~ h CEr;T~L ANGLE OF 55'27'16" FOR AN ARC OISTA~iCE OF 14.52 FE~ TO h ~[IIT OF TAHGEHCY~ THENCE ~ORTH 32'22~33' WEST FO~ A DiSTAUCE OF 37.84 FE~ ~ h ~II~T OF ~RVh~RE; Ti]Ei.JE HOR~IERLY A~HC SAID ~RVE, CO~ICAVE EASTE~],Y, HAVING A ~DIUS .OF 47.00 FE~, A CEHTRAL AHGLE OF 45'4;~32' FOR AN ARC. DISTANCE OF 37.50 TE~ TO A POI~IT OF TAIIGE~ICY; SHi~T 3 ~ 8 A~-AR3244 AGENOA ITEM---:- rE8 1 0 2004 'X'li~HC~ HOKTH .1,3%1.9'5g" ~ ~R ~ ~ Ho~ o~'o7~o6' ~ ton ~ TII~ ~H ~'2~'04~ ~ ~R A DI~ANCE OF ~I~CE NO~ 0S'44~49" ~ ~R h ~l~ NOel 02'S2~lXw ~ FOR A DX~ANCE OF ~l~ NO~ 38'47~02w ~ ~R A DI~AIlCE ~1~ NOel 77'40eO8n ~ ~R A I)I~ANCE ~l~ NO~l B6'~?'4~~ ~ ~R A UX~ANCE OF 16.57'FEff~ ~!~ NOel ?X'I~ ~5~ ~ ~R A I}I~AIICE OF ~l~gg NO~ ~'O7~O4~ ~ FOR A I}ISTAIICE ~F ~I~CE NO~ 49'18e50u ~ ~R A I)I~ANCE OF 11,2o ~!~ ~1 65*44e08w F~ ~R A DI~ANCE UP 1t.47 OF C1/RVATURB I TIIEN(~ NORTIIE3~Y ALONG BAll) CURYE, CGNCAYE ~ESTERI,T. I~VJ~ h DX~CB OF 35.66 r~ ~ h ~X~ OF TAN~EItCY; ~l~ NOel 22'O6°0J~ HF~ ~R A b.(~hHCg O~ 32.09 ~ S~ 35.37.59u M~ AI~ 5AIl) CKtITE~J.INK' ~ A 402.60 FK~ ~ ~ J~q~l~ MI~I ~lg AFO~ENR/~I~IRI) ~~bV ~F-HAY l,JNK OF T~/ANI Tl~lb (U.fi. 41 - ~1~ S~l 54'22tol~ F~ A~ ~AID ItI~IIT-OF-NAY I,INR ~R A ~ZNZNG 9.804 A~R~ OF ~D, NONE OR I,KS~ 5U~E~ ~ ~S~ ANU pK~RX~ZOIIS OF ~S AHU KXCE~ ~iE ~;l~ 1HPAC~EU PARC~ ~. 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HOH-T~C~ TIIEHCE HOR~! 43'53~15~ W~T FOR h DI~hHCE OF 20.14 FE~ ~ A ~HT OF IHTE~E~IOH HIll ~ HOH-TAHGE~ ~RVE FRO~ ~I~1 ~IE ~D~US' ~ZHT BEARS H~ll 73'47~56= AOENDA ITEM FEB 1 0 200 'TIIKHCE NORTIIKRL~ ALO#G SAID CURVE, COHCAVE EASTERLY, IIAVJJO A RADZUg OF 34.00 FELT, A CEIJTI1AI. AJIGl. g OF S0'03'22" FOR All, DZSTAHCK OF' 20.97 FEET TO A POII~T Or TA#GKNClr; TI;SHCB HORTJl 32.SZ'28# EAST FOR A DISTAIICE OF 17.98 FEET/TO A POINT DF XU'lTJt~&'CTZON #ITll A IIOII-TAIIGKHT CURVE FROI~ #ll lC~l Tlllt RADIUS POINT BEJiR~ NORTII 42'41'04# WEST; TIIffJU'! NOR"rlIEABTERI`Y AI,O#G BAXD C"?JRVR, CT)IICAVE HOIT'rflWES'TEItl`T, IL&VXHO A RADXW OF' ].06.00 IrSE'I', A CEtI'lqU~i, ANGI~ DE' 1B'O2O40** FOR ~ ARC DXET~ OF' 33.38 FE~T 1'O A POIIIT OF` TANGKIICY; 'l'll~N~ NOR"II! 29'16'16" ~ FOR A DISTAIlCK OF 18.23 FEET TOA POXNT OF C'URVATU~tB/ 'l'll~NCg NOR"IqLEAs'rBRI`! ALOIIG SAXDtC?dRVE, CONCAVE BoR.rlliF, R,.q'rKRf-Yf HAVX~ A JU~DXU~ OF' 73.00 F`KET, A CEHTItAI` A#GL~ OF' 17'12040** FOR AR ARC DXB'TA,RC~ OF 21.93 FgL'T TO A POIIIT OF` XIITgR~RCTI(N4 #ITII A NON-TANgENT LINK/ TIIKNCK NORTJl 22°0~'30u F.A.qT FOR A DXSTAIICK OF 94.63 FgK'T TO A POINT Off XJETER~ECTIOIE I~ITII A lION-TANGENT CURVE FROH #IIICll RAMUS POINT BL%R~ BOUTI! 07'06*14.* EA.qT; · JlKMCg AAL~TgRLI~ ALONG SAID CURVE, COIICAVE SOU~IIERI,Yf IIAVlgg A RADIU~ OF 38.O0 Fg~T; A CENTRAl, ANGLE OF 52'43'03** FOR All ARC I)XSTANCE OF' 29.76 FEET TO A rollrT OF' TIIEllC~ SOUTII 44'22'10" EAST FOR A DI.qTAIICE OF' 9.511 TIIBllCK SOUTll 30'4S°37# EAS*T FOR A DISTAIICE or 18.94 FBKT 'To A FOIMT OF CURVATUPJI TIIBMCB BOUTIIKA,g'I*~RLI AI,OHG SAIU CURVE, CONCAVE )IOlFrflEARTERhY, . 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STERLZ LTJI Of THZ EAST HALF (gl/2) Or 8AZD SCX2TIIEST Qq.~,RTER (~,rl/4); ~'HB:4CB SCqJTH 00'~'37' VEST ALOJG BAXD L~BI iPOR A DZBTARCB O1~ 116~t.15 I"EZT~ ~ IKITI 89'30'23~* WIST Fca A DXS"TMIC:Z OF 231.12 FELT; ~i~l'C:X SCXTZ~ 00°2De37a 1lEST J'OX A DZ~P-AIICZ OF 16.01 IPBIT TO TR~ POXIIT OF B~GZJlIXII~ Ol DI:m31/BBD /]II~ACTID PARCIL ~0. 3; 77'44e01u BAST S8'30'58s ~ 8S'49oS5u ~ ~ ~ 41'S6'5S 42.43 ~ A ~, A ~ ~ ~ A 70.39 ~ ~'38'20e ~ 01'43E07u ~ ~'43'03u ~ ~ A DZ~ ~ ~.7S* OF'~.66 ~, A 20.10 ~ s7'30'43u ~ · 6~4~a ~ EXJfl~l"f "A" SHEET 7 OF 8 AVESMT)002-AR3244 04-X8S~4. ~ AGENDA ITF. M - FEI3 1 0 200 SI4EET 8 OF $ AVESMT2~-~244 iBiiiiiiiiliiiiiiiiiili..m I lliltillttlll[liliilll!l!iililil II .......................... 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Suite 502 Naples, Florida 34103 EXHIBIT "B" SHEET I OF 6 AVESMT2002-AR3244 Conservation Easement This Conservation Easement ("Easement") is granted this tq/'t/day of. ~t~t ~t~,z" , 2002 by Naples Golf Development, LLC, a Michigan limited liability company(the "Grantor") to the Board of County Commissioners of Collier County, Florida (the "Grantee") whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. [Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this transaction, and their respectiVe successors and assigns.] WITNESSETH Whereas, Grantor is the Grantor of a certain Conservation Easement dated April 14, 1994 (the "1994 Conservation Easement") recorded at OR Book 1947, Pages 429 through 436, inclusive, which grants a Conservation Easement over certain lands (the "1994 Easement Property") ia Collier County, Florida more particularly described in the 1994 Conservation Easement; and, Whereas, Grantor is the owner in fee simple of the 1994 Easement Property and the Easement Property to be conveyed by this grant; and, Whereas, Grantor has requested Grantee to release the 1994 Easement Property from the 1994 Conservation Easement, and thereby extinguish the 1994 ConServation Easement; and, Whereas, Grantor desires to grant to Grantee a Conservation Easement over the lands described herein (the "Easement Property") in exchange for the release of the 1994 Conservation Easement. NOW THEREFORE, Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, including the release and extinguishment of the 1994 Conservation Easement, the receipt and sufficiency of w~aich me hereby acknowledged, does hereby grant and convey an Easement in accordance with the terms hereof ov :r tne~~ , Page 1 of 5 FEB 1 0 200 ... described lands in Collier County, Florida: See Exhibit A attached EXHIBIT "B" SHEET 2 OF 6 AVESMT2002-AR3244 SUBJECT TO THE FOLLOWING RESTRiC'[IONS AND COVENANTS: Scope of the Easement:.. 1. It is the purpose of this Conservation Easement :o retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricutr, ural, or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to a permit. (the "Permit") from the SOuth Florida Water Management District (the "District") shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights ~e conveyed to Grantee by this easement: a. To enter upon the Easement ?'roperty at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with-the use and quite enjoy~,~cnt of the Easement Property by Grantor at the time of such entry; and b. To enjoin any activity on or ase of the Easement Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Easement Property that may be damaged by any inconsistent activity or use. 2.' Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Easement Property: a. Construction or placing of building, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landffil, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; other material substance in such manner as to affect the surface; Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or Page 2 of 5 FEB 10 200 pg. / .5' EXHIBIT "B" SHEET 3 OF 6 AVESMT2002-AR3244 e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to ditching, diking, and fencing; water areas; Acts or uses detrimental to such aforementioned retention of land or h. Acts or uses which are detrimental to the preservation of any features or aspects of the Eas:_ement Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 4. No right of access by the general public to any portion of the Easement Property is conveyed by this Conservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Easement Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Easement Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this Conservation Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the Provisions of this Conservation Easement shall not be effected thereby, as long as the purpose of the Page 3 of 5 ~o.~ ~ F£8 1 0 200~ Conservation Easement is preserved. EXHIBIT "B" SHEET 4 OF 6 AVESMT2002-AR3244 11. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Easement Property. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed property given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This Conservation Easement may be amended, altered, released or revoked only by written agreem, ent between the parties hereto or their heirs, assigns of successors-in- interest, which sh~il be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms conditions, restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with Easement ProPerty. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of sa~d Easement Property in fee simple; that the Easement Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Naples Golf Development, LLC has hereunto set its authorized hand this I~/'~day of August, 2002. Signed, sealed and'delivered in our presence as witnesses: Signature of Witness Printed name of witness Signature of w~tn[ss Page 4 of 5 Naples Golf Development LLC c/~fayfi~ Wall/ich- - Managing Member AGENOA ITEM VE3 10 200 / 7 Printed name of witness STATE OF MICHIGAN COUNTY OF O4/c'/.~'D EXHIBIT "B" SHEET 5 OF 6 AVESMT2002-AR3244 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take aclmg~wledgments, the foregoin~g~trument was acknowledged before me by Wayne Wallrich, ~ is personally ~r~ --' WITNESS my hand and official seal in the County and State last aforesaid this !.~, day of ,qu6~5,~', 2002. My Commission expires: PETER C CUBBA Notary Public Notary Public, Oakland County. Mi Typed, Printed or Page 5 of 5 200 N 402,60' s 8r3o'.~3~ 612.02 S 37.64' PRESERVE AREA S ~ S 1752'54'~ .. 41.47' GRAPHIC SCALE I INCH = 200FT. EXHIBIT "B' SHEET 6 OF 6 AVESMT2002-AR3244 S 41'00'~3'W 49.33' 11'24'~3"W 104.87' N 128.90' S 2O'OB'2~"W N ~4' 14'48"W 42.04' S 1~1~ 51.41' s 130.61' SOUTH LINE SOUTHWEST (SW 1/4) SEC110H 17, TSlS. R27E H 54'22'01'~ I C~.~ JLm.Y L~ ConewvotJon £oeement A porcM of land I)4ng h Section 17. Town~ip 51 but. Range 27 ecet. Record 8ook 324, Poge 149 O1 the Pu~ RKo of Ir~orJdo. eom pored of Io~d being moro pa~Jcuiody de~c~bod Comme.ciml et the Southooot comer o4 the Sou0mcet quortor (SW I/4) 04 eom Sectkm 17; th~ce North 00' 27' 20' £oet aha9 the Emily llne 04 a, okl butweel quoriw (SW 1/4) o relents.of 1.28.90 feet intersection w~h o ~ 400.00 foot Northeasterly M el right eagles to end poralld wtih the N~utecell~y r.~,t.,.~..-_woy ~ of. Ten,;mi Trol (US 41 - $R 90); UtM~o NorUt ,~4' I1 31 Wo~t olon~ laid po~olld lln~ e dllton~o ef 750.08 feet; Utoflc~ Nor~t ~,t° 2~P 01" Y/lit continuing otom~ ;old porolM Ihe e dlot~ M 85.55 feet to Iflter~octlon wlUt Ihe contoflifll 04 an exbtin~ rood; Ute,ce SoulN 35' 37' 59' Welt -dong eom cefltMlbm "dletanco 04 400.00 foot interseetlen wilA ~old NortheoMeHV rleM-04-wey lin4 04 To~ TrMI (:US 41 - SR 90);. thln~l Nlrlh ~'b,t' ~P 01' Welt Beginning of the perad Mlond hMMa Thence centlnol fl~ ~4' 22* 01" V/eot ~ eom I~rutea,.ted~ of-way of Toml~md Troll o dJetonel of 757.21 feel= Ihoflce 37' 5~' Eolt o dlsto~ce 402.~0 ~rcet; thoflce So~th 89' dlit&"~:e of 612.O2 iie~,, ~ S~ulh 41'0~-5~ W~-a~ o 40.9S~ffltt ~en~ S~ 3r ~ ~" Welt o dllk~ of 37.6l 21' I1' 11' W~t o dletQn~ of t4~G2 fe~ ~ ~ W~t o dbt~ce of 194.87 f~b Ut~e ~ 25' ~ ~" WMI o dlltoKe og 89.69 feet; ~ North 54' 14' 4Bo W~e o dMt~e of 4~94 IN~ ~ce Sou~ 4~ 49' 57° ~ot o distm~ of ~ ~M 25' 43' 31' Welt o d~t~M of 27.38 fee~ ~once 77 52' 54' [eli o dlilonce el 41.47 f~t: th~ ~ East o dilt~ of 44.63 fee~ th~ 5~ ~' 3~ dlst~o 04 18.~ feet: thence S~ 18' 1~ ~' Coeto ~an~ 04 51.41 feel; th~ce S~ 35' 37' 59" ~st a ~Bt~ ~ 1~.6l fMt to ~e P~t of 8eg~n~9 and c~to~g ~6g o~eo ~e or sO~mV~ST QUAJ~R (SW I/4) SI 7,T~IS,R27E Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAN) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: ~~_ Petition #: m,4 ~_~ ~'T Z~ - t:q !~- ~ Z4-4 Petitioner (Owner): Address: City/State: Agent: Address: City/State: Naples Golf Development LLC 22 Sunningdale Drive Grosse Pointe Shores, MI Donald A. Pickworth Telephone: Zip Code: 48236 5150 Tamiami Trail N. Ste 602 Naples, FL Zip Code: 34103 (313) 343-0498 Official Record Book: Legal Description: Reason for Request: Location of Subject Property: U.S. 41 East, east of Collier Blvd. Location: Section: 17 Township: 51S Range 27E_ 2513 Page(s): 1012 See Attached See Attached I hereby authorize Agent above to represent me for this petition: [] Yes See Attached Authorization Current Zoning: Signature of Petitioner Telephone: 263-8060 A Does this affect density No [] No Date Print Name Date Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of Supportive materials ~vhich must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Serviced Depadanent 2800 North Horseshoe Drive Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the Name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. Ifa~plicant is a partnership, limited parmership or other business entity, indicate the name ofp principals. AG£NDA ITEM List all other owners FEB 1 0 200 A UTHORIZ.! I'ION The undersigned, as managing member o t :,,i: :-~ (~olf Development, LLC, a Michigan limited liability company, hereby authorizes Donald '... i'ickworth, P.A., to execute the Petition, and to act on behalf of the company in all matters [~,..~-t ~.~ ~i ng to this application for vacation of an easement. Napl~s/l~o 1 f Deve~;p,)n~L~ By ~/~-~--~.-"75'.-..'~.. Wayne T. Wallrich, Managing Member FFD1020Oq [ pg. 2 / Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date 365034 10/16/2002 1:47:00 PM 10/16/2002 Payment Slip Nbr AR 3244 Appl Name: DONALD A. PICKWORTH, P.A. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 5150 TAMIAMI TRAIL N. SUITE 602 NAPLES FL 34103 Proj Name: T~LINKS OF NAPLES Type: GC TAZ: 165.1 Subdiv Nbc 100 · Project Nbr: 19993687 Payor: THE LINKS tFee Code 12TRVC Fee Information Description t GL Account REV ACCT/VAC EASEMENT-ROWI 11313832032910000000 Amount $1000,00 Waived $1000100 Total IPayment Code CH ECK 1195 Payments Amount $~ooo.oo Memo: Account/Check Number Total Cash $0.001 Total Non-Cash $1000.00 J Total Paid [ $1000.001 Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT FE~ I 0 200~ ~.,,, -2-2 /,,- o,..., DH : l.j. T. I. dFiLLRICH PHONE NO. : :3133430499 Flay. 16 2001 05:2lPr'1 P2 This Instrument Prepared By: WILLIAM SC HWF2K] L~RDT Attorney at Law 900 Sixth AvenUe South, #230 Nap!~, FL 34102 0076:P..8130[ Orae. t*.~ Tax lde. nffic~tton Ntm~er: 2 3499 OR: 2513 PG: 1012 SPECIAL WARRANTY DEED Tills SI~CIAL WARRANTY nEED madz tho .]]~ day o[_.~~, A.D.,.1999, by South, Suite 203, Naple~, FL 34102, lxerema~er czue~ ua~ u&~,~,~ , ,,, .... ES GO - a Michigan Limited Liabfltt~ Company, whose post office arldre, s~ is: 22 Sun'ningdale Drive, Grosse Point Shores, HI 48236, h=reinafter ca]led th= ~~SE.~: ~ ~e Gr~tor, f~ ~d in ~onsideration of ~e s~ of S[O.O0, mad o~ v~able co~ide~6ons, r~elpt whe~o~ is he~ ac~owledg~, hereby ~ts, barg~ns, Conveys ~d ~n~s unto ~e Or.tee, ~ t~at ce~ain I~d situate i~ Collier Coup, Flod. da, viz: A parcel of land kymg in Se;tion 17, Township 51 South, Range 27 East, Collier County, YlorRla, also being a part of lands described in O.R. Book 324, Page 149, of the Public Records of Collie~ County, Florida. said parcel of land being more particularly described as follows: Cotnmcncing at th= Souxheaat comer of ;he Sou~west quarter (SWg;) o~ s~d ~ection t7; ~ence No~ ~'27'26' E~t Mong ~ ~rly l~e of smd Sou~west queer (SW h) ~or a diet.ce of 12g,90 f~t tO ~ intemecdon wi~ a Hue 4~.00 feet No~e~:rly of as ~~ at right ~gles to ~d p=Ml=l wi~ ~e Northeasterly right-of-way iMe of T~ ~ail (US 41 - SR 90); No~h ~'I1'31" West ~ong smd p=M1¢[ [Mo ~r a ~at~ of 750,08 f~t; ~ence No~ 54'22'01" W~t continuing ~ong s~d p=~lel lire for a diet.ce of 65,55 reel to ~ intersection wf~ t~ centerlin¢ of ~ exist~g ro~d; thence Sou~ 35037'59" W~t ~ong s~d csntcrline for a d~tmce of 400,00 f~ to ~ inte~ection wifi~ ~e said No~h~terly dghtmf-way l~e of Tami~i Trail (US Al - SR 90); rheum Nomh 54'22'01" W~t dong said No~eas[erly fi~t-of-way line ~r a dtat~ce of 524,47 feet to ~ intersection wi~ the ~terly line of ~e W~[ hMf (WV~) of the Son~w~t queer (SW~) of $Md Section 17, ~e POINT OF BEOINNINO of ~e p~c[ of [~ herein berg fles~ibed; &e~e Noah 54'22'0l~ West mnfi~uing Mong smd Not.easterly ~ bt-of-wa tiao of I,~amt Tr~l for ~ dis~ of 1106.30 f~et t¢ ~ intersection w}th centcrlmc of a pro~aed road, three No~ 35 37'59' East gong s~d cent.tithe for a ~:a~ ~c afores~d Easterly line of ~e W~ h~f (W A) of thc Sou~ ~ q ( ' ) ' ' .... dtst~ or 965 98 feet to ta POIN thence South O0 v9 37 ' West Mong said Easterly line for a ' ' , - OF BEGINN~G, con~ning ~2,574 a~es of led more er less, ! : W. T. WALLRICH PHONE NO. : ]133430499 Mag. 16 2001 05:22PM P3 ...... k/AXe /.,Jl,,J .c~. A, UA*J SUBJECT TO rc$~ri~ions and c:scmcn~ common ~o thc subdivision, and ad valorem taxes [or the year 1999. Oramor warrants that the subj:~ property is not his home.llead and that he resides at 468 Devils Lane, Naples, Florida. TOGETHER, with ~11 the tememe~ts, hereditamems and appurtenances thereto belongin~ or in anywise " TO HAVE AND TO HOLD, be sarno in fee simplo forever. AND thc Grantor herr,~ cov<aant~ with said Or,nme that th~ Grantor Is lawfully ~ize. d or Said laud in fee siraple; that the Grantor has good right and lawful authority to sell and convey s~id land. and hereby warrants the title to ~aid land and will defend the same a~ainst the lawful clam of all persons claiming by, through or under thc said Orantor. .~' IN WITI~$S WHEREOF, the said Grantor h~ hereunto set his hand and seal tho day and year first above wriu. en. S~gncd. sealed and delivore/3 ..... ,~. o~r presence: ~ITNES~NAME: {~ ~-~t'~r~ fi- ~ " ': T~tstee 1999, by W[LLI~ $CH~A~T, Individ~ly md ~ T~tee. He is person~ly kno~ to me or ha~ produced a valid Flo~da drivers licens~ as identification, md did ngt ~ m o~h, My Commission Explrea: AC-.-~A ITEM. FEB 1 0 200 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:JlNAPLES GOLF DEVELOPMENT Address:Il22 SUNNINGDALE DP, Address:~lGROSS PTSHRS MI48236-1662 PROPERTY INFORMATION [Parcel:J10o763281302 Jl Acre:ill2'57 [ Loc:]1512717 512717 TRS= [ Legalil[17 51 27 COM AT SE CNR OF SW [ Legal:Ill/4 OF SEC 17, N 128.90FT, N54 I LegaI:IIDEG W 750.08FT, N54DEG W 65.55 I Legal:liFT, s 35DEG W 400FT, N54DEG W VALUE/EXEMPTIONS T~b~e Va~ue:l1762e6 Millage Code:11223 Homestd Ex:Il0 ~'g'~ Widow ~:11o Blind Ex:il0 Disabled:HO Veteran Ex:il0 Who,y ~x:]10 C,~i,~, E~:]I0 TAX INFORMATION county:l129~.46 School st:lJa31.sa School loc:ill 95.47 c~ Tax:Il0.00 Dependt:l161.56 water:l14o.17 Independ:J1123.34 Voter Appr:JJ2.04 Gross Tax:JJ~,052.85 Appr fee:il0.00 Advertising:]J5.97 PAY TERMS Nov:J[1,010.74 Dec:lll,o2'~.26 ~.:11~.°3~.79 ~eb:ll~ ,042.32 Mar:Ill,052.85 A~dl°'°° ~a~:llo.oo PAYMENTINFO Paid Dt :]J03/31/03 STATUSlNFO. Non Ad va:liN Installment:JJN Deferred:JJN 13ankrupt::]JN TDA:]J0 EXTRA LEGAL INFORMATION 524.47FT TO POB, N54DEG W 1106.30FT, N 35DEG E 402.60FT, S89DEG E 672.96FT, S 965.98FT TO POB Last Updated: 5/19/2003 5 :OOpm ttp://wxvw.colliertax.com/RecordDetail.asp?FoliolD=00763281302 AGENDA ITEM N~ //~/7 ~ FEB 1 0 200q ra~r ~ i [] ~ M~PLE TREE O~IVE NO. ~.. 2. 3. 4. 5. SUBOIVI$ION P.B. PG. NO. SUBOIVISION P.8. NO. SUBDIVISION FE~ 1 0 ~00~. i ..? -i '*''i" ~i iii liiiii!i!? ,~!! iii AGENDA ITEM FE3 I 0 200~ ~. ~ 7 (239) 263- 8060 DONALD 2~. PICKWORTH, ATTORNEY AT LAW SUITE 502 NEWGATE TOWER 5150 NORTH TAI~IIAMI TRAIL NAPLES, FLORIDA 34100 e-mail: picklaw@earthlmk.net October 7, 2002 P.A. FAX (2a9) 598-1161 Gregory D. Garcia, Principal Planner Transportation Department 2685 South Horseshoe Drive Naples, FL 34104 Re:' Conservation Easement Dear Mr. Garcia: We represent Naples Golf Development, LLC, the owner of certain real property upon which an executive golf course has been constructed. In connection therewith, we are requesting Collier County to release a conservation easement that was granted in 1994 on a portion of the property, and which is no longer necessary, since a replacement easement, prescribed by the South Florida Water Management District has been granted. A sketch and a legal description of the easement sought to be released is attached. Please provide us with a statement of"no objection" by signing the statement below and returning to us in the envelope provided. If you have questions or need further information, please do not hesitate to call. If you wish, you may contact me by e-mail at picklaw~earthlink.net. Enclosures Very truly yours, Donald A. Pickworth "I.have no objection to the proposed vacation" Gregory ~Principal Pla_nmer C:\MyFiles\documentXNaples Golf Development\Cons Eas No obj ltrGarcia, wpd AGEI~A ITEM. ,o. FEB 1 0 20Oq COLLIER COUNTY TRANSPORTATION DMSION 2685 Horseshoe Drive South, Suite 212 * Naples, Florida 34104 * 239-732-2501 · FAX 239-659-5790 ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT · Right-of-Way Acquisition Stormwater Management · Design & Engineering · Construction Management October 14, 2002 Mr. Donald A. Pickworth, P.A. Attorney At Law Suite 602 Newgate Towe 5150 Tamiami Trail North Naples, Florida 34103 Subject: Naples Golf Development Vacation of Conservation Easement Letter of No-Objection Dear Mr. Pickworth: The Collier County Stormwater Management Section has reviewed the information provided to vacate a Conservation Easement that was granted in 1994 on a portion of the property, and which has already been replaced by a new Conservation Easement prescribed by South Florida Water Management District. The Conservation Easement that was granted in 1994 is not being utilized by this Section, therefore, this Section has no-objection to the proposed vacation of this Easement. If you have any questions regarding this matter, do not hesitate to contact me. July C. Adarmes Minor, P.E. Engineer, Senior JCAM/jcam CC: Robert C. Wiley, P.E., Principal Project Manager, Stormwater Management Section Reading File --,~ F:\ Easement Vacation~aples Golf D~'~-- AGENDA ITEM FEB 1 0 200 263 - 8060 DONALD 2%. Pzcxwo]~r~, ATTORNEY AT LAW SUITE 502 NEWGATE TOWEl/ 5150 NORTH TAMIAMI TRarr_ N&P~S, F~oaI~a a~loa e-m~: pic~aw~e~Mi~k.nei FAX (239) 59/3 - 1161 August 11, 2003 Barbarailurgeson · Senior Environmental Specialist Community Development and Environmental Services Division 2800 North Horsesh°e Drive Naples, Florida 34104 Re: Naples Executive Golf Course; Conservation Easement Dear Ms. Burgeson: This letter is in response to your telephone message on or about August 1 responding to my letter of July 30, requesting a Letter of No Objection ("LONO') to the vacation of a conservation easement and the granting of a substitute easement. My understanding of the request in your telephone message was that the facts upon which the request is based be set forth in the letter requesting the LONO itself, since the facts have already been provided to you in our previous correspondence and in our application materials. Naples Golf Development, LLC, owns the property on U.S. 41 East that has been developed as Naples Executive Golf Course and has filed a Petition for the release of an existing conservation easement that was granted to the County by the former owner in 1994 (the "1994 Easement", see copy attached as Attachment 1). The 1994 Easement was granted pursuant to a requirement of the South Florida Water Management District C'SFWMD") as part of a surface water management permit that was sought by the former owner in connection with the proposed construction of a golf course. The former owner went through the permitting process, and SFWMD, as a condition of its permit, required the easement to be granted to the County to preserve certain wetlands. Accordingly, the former owner granted the easement to the County. However, the former owner abandoned the project, the golf course was never built, and the District permits expired, but the former owner did not obtain a release of the easement that had been granted to the County. The 1994 Easement constitutes a title encumbrance on the property Naples Golf Development purchased the property in 1999. long since expired and the new owner applied to the county for a conditional use for course and for a surface water management permit from SFWMD. As part of the ne' permitting process, a new and slightly different construction limit line was used, and The SFWMD permits had eolf AGENDA ITEM. //. ""3 ;-'~ 10 2006 addition, SFWMD required that certain areas within the wetlands that were heavily impacted be restored. These areas are identified as "Impacted Parcels 1 through 4" on the 1994 Easement (see legal description and sketch of the 1994 Easement on Attachment 1). The wetland areas thus identified were required to be protected by a conservation easement. Unlike the situation in 1994, the easement was required to be granted directly to SFWMD. Again, please note that the 1994 Easement was a requirement of the SFWMD permit, not the county, even though the easement was required to be granted to the county. In conformance with the SFWMD requirement, Naples Golf Development granted a new conservation easement to SFWMD (Attachment 2). We understand that you have told Mr. Grigg that you would like a conservation easement over the same lands be granted to the county, ~and Naples Golf Development has no objection to doing so. An executed easement has been delivered to Mr. Grigg (Attachment 3). To assist you, I am also providing the following attachments: Color-coded drawing showing the 1994 Easement and the new easement (Attachment 4) 24"x36" drawing comparing the two easements (Attachment 5). Please provide us with a statement of"no objection" by signing the statement belowand returning to us in the envelope provided. If you have questions or need further information, please do not hesitate to call. If you wish, you may contact me by e-mail at picklaw(~_ ~earthlink.net. Very truly yours, Donald A. Pickworth Enclosures "I have no objection to the proposed vacation" Barbara Burgeson Senior Environmental Specialist ',-53 1 0 2OOq SHERIFF DON HUNTER. COLLIER COUNTY 3301 Tamiami Trail East, Bldg -J, Naples, FL 34112 (941)774-4434 www.cotiiersheriff.org October 1, 2002 Mr. Donald A Pickworth, P.A. Attorney At Law Suite 602 Newgate Tower 5150 North Tamiami Trail Naples, Florida 34103 RE: Conservation Easement Naples Golf Development Dear Mr. Pickworth: Staff has reviewed your request for a letter of "No Objection" for the above- described project, specifically vacation of an old conservation easement that has been replaced by another easement, as prescribed by the South Florida Water Management District. The Sheriff's Office reviews these requests to determine if the changes will have any foreseeable negative effects on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. DH:dv Cc: File Florida "The duty of the Collier County Sheriff's Office is to ~ the lives, property and constitutional guarante ITEM FEB 1 0 2006 (94, t) 263-8060 DONALD A. PICI,i',~'~)t:tTH, P.A. ATTOHNEY .~ ~ SUITE GO2 NE',,', ATE 5150 NORIH TA~[[~,~~ ['RAIL NAPLES, FLO~ !~ .~ , ;103 September I,, ' F.x 598- 1161 Stephen W. Hill Construction Manager Media One 301 Tower Road Naples, FL 34113 Re: Conservation Easement Dear Mr. Hill: We represent Naples Golf Development, L I ( '. =',e o~vner of certain real property upon which an executive golf course has been constructed. ~ connection therewith, we are requesting Collier County to release a conservation easement t l: ,~: ~ ~s granted in 1994 on a portion of the property, and which is no longer necessary, since a :':~, t:~cement easement, prescribed by the South Florida Water Management District has been ~antc.,i A sketch and a legal description of the ease~:~~ .t 5ought to be released is attached. Please provide us with a statement of"no objection" by ,<i~: ':; :z ~he statement beloxv and returning to us in the envelope provided. If you have questions or need further infom~,~.'~ n. please do not hesitate to call. If you wish, you may contact me by e-mail at ' p~cklaw(~_, c ~ Enclosures Donald .\. Pickxvorth "I have no objection to the proposed vacation" C ',MyFiles\document',Naples Golf Development'.Cons Eas No obi hr [ i ti'..', pJ FEB 1 0 200 263 - 8060 DONALD _A_. PICKWORTH, P.A. ATTORNEY AT LAw SUITE 602 NEWGATE TOWER 51,50 ~rORTH 'rAMIAMI TRAIL NAPLES. FLOI~IDA 34100 September 16, 2002 FAX (941} 598-1161 Donald B. Carter E&C Manager Sprint United Telephone-Florida PO Box 2477 Naples, FL 34102 Re: Conservation Easement Dear Mr. Carter: We represent Naples Golf Development, LLC, the owner of certain real property upon which an executive golf course has been constructed. In cormection therewith, we are requesting Collier County to release a conservation easement that was granted in 1994 on a portion of the property, and which is no longer necessary, since a replacement easement, prescribed by the South Florida Water Management District has been granted. A sketch and a legal description of the easement sought to be released is attached. Please provide us ~vith a statement of"no objection" by signing the statement below and returning to us in the envelope provided. If you have questions or need further information, please do not hesitate to call. If you wish, you may contact me by e-mail at picklaw@earthlink.net. Enclosures ~~~ Eng Mgr - Naples Sprint United Telephone-Florida C:'xMyFilesX, document'xNaples Golf DevelopmentX, Cons Eas No obi ltr Carter.wpd AC.~A ITEM FEB 1 0 200 EXECUTIVE SUMMARY BOARD TO WAIVE THE RECOVERY OF RELOCATION EXPENSES OF $6666.67, RESULTING FROM THE NEGOTIATED RESIGNATION OF MR. MICHAEL A. ETELAMAKI, P.E., RELEASING ANY RIGHT THE COUNTY MAY HAVE IN RECLAIMING SAID RELOCATION EXPENSES, FINDING THAT PAYMENT OF RELOCATION EXPENSES, IN THIS CASE, IS IN THE BEST INTEREST OF THE COUNTY Objective: To have the Board indicate its approval in waiving recovery of relocation expenses, resulting from the negotiated resignation of Mr. Michael A. Etelamaki, P.E., finding that payment of relocation expenses is in the best interests of the County Considerations: In May 2002, Mr. Etelamaki accepted the position of Road Maintenance Director, for the Transportation Services Division and reported for duty on June 2002. The employment offer included relocation expenses, not to exceed one month's salary, which resulted in an expenditure of $6666.67 for his relocation from Michigan. Mr. Etelamaki and Transportation Administrator Norman Feder mutually agreed to terms of his resignation, the resignation would become effective upon approval of this waiver. If the waiver is not approved, the termination would be effective June 10, 2004, Mr. Etelamaki's two (2) year anniversary date. During his period of employment, Mr. Etelamaki received a total of $6666.67 for relocation expenses. Under County policies and procedures, an employee who receives relocation expenses is normally required to remain with the county for two years before the County will release its claim to recover relocation expenses. Mr. Etelamaki's two-year anniversary date is June 10, 2004. In this case, executive management felt it was in the best interests of the County to waive recovery of the relocation expenses and not seek reimbursement from Mr. Etelamaki, considering the circumstances surrounding the negotiated resignation. Fiscal Impact: FY03 Road Maintenance (Fund 101) projected $6666.67 in relocation expenses for Mr. Etelamaki; actual expense was $6666.67. Recommendation: In view of the negotiated resignation with executive management, recommend the Board waive recovery of relocation expenses, finding that payment of relocation expenses, in this case, is in the best interests of the County. FEB 1 8 2004 Pg. (~lama~Ca~ter,- -- - Reviewed by~ ./'~ Dianna Perry~man, ( / Appmv~ by: / Norman Feder,' Tra~~i~ Administrator Date Date Date AGENDA ITEM FEB 1 8 200~t Pg. ~ EXECUTIVE SUMMARY APPROVE THE PURCHASE OF 3.185 ACRES CF LAND OF WHICH .771 ACRES ARE REQUIRED FOR ROAD RIGHT OF WAY AND DRAINAGE EASEMENTS FOR THE VANDERBILT BEACH ROAD EXPANSION PROJECT. PROJECT HO. 63051 (FISCAL IMPACT: $336,300.00) OBJECTIVE: Obtain the Board of County Commiss~ :,'~rs' approval to purchase land, part of which is required for the Vanderbilt Beach Road Expansion CONSIDERATIONS: On November 5, 2002, the B,::,ard of County Commissioners approved Resolution No. 2002-463 authorizing the acquisition ~y gift or purchase of right-of-way and stormwater retention sites in fee simple title, as well as perpetual, non-exclusive road right-of-way, drainage and/or utility easements, and temporary easements interests required for the Vanderbilt Beach Road Expansion Project, Project No. 63051. On June 24, 2003, the Board of County Commissioners approved Resolution No. 2003-231 authorizing the condemnation of fee simple title ime~asts and/or those perpetual or temporary easement interests required for the Vanderbilt Beach :;~-~d Expansion Project, Project No. 63051. The property is a single-family residence containing ,~ ;:tel of 3.185 acres. It is described as Tract 19, Unit 95, Golden Gate Estates and is located at ~:r~,a Southeast corner of Logan Boulevard and Vanderbilt Beach Road. The County requires two :; ~rcels from this property for the Vanderbilt Beach Road Expansion Project. One proposed takir',g i~:volves the acquisition of a perpetual road right of way, drainage, utility & maintenance easement t~at runs along the property's frontage on Logan Boulevard and contains .269 acres. The other proposed taking involves the acquisition of right of way in fee simple along the property's Van.~.amilt Beach Road frontage containing .502 acres. The remaining useable property would be _~;¢ro:<imately 3/4-acre smaller than before the takings and the residential structure would be 43' 'i~;-.) from the new right-of-way line on Logan Boulevard and 32' (+/-) from the new right-of-way line a':ong Vanderbilt Beach Road. The latest appraisal performed on this property was dated June '4, 2003 and valued the entire property at $310,000.00, before the takings. The value placed upon the two p&rcels required for the road project totaled $85,000.00. In reference to the ,-educed front yard setback, the appraiser stated "It is unlikely that any buyer would purchase the remainder property for occupancy as their personal residence, as this reduced setback and loss of landscape buffer has made this marginal characteristic much worse." Due to damage caused to the remaining property because of the proximity of the road way to the residence, and in an attempt to forgo litigation, staff has negotiated a settlement to purchase the entire property from the owner, Thomas A. Torrella, for $328,000.00 plus $6,500.00 for attorney's fees and costs. In examining the County's possible exposure at trial (under the partial taking scenario), staff estimates that the Owner's experts could manufacture a compensation claim of nearly $250,000. for land, improvements and severance damages. Were a jury to simply split the difference between our testimony and that of the owner's experts, the cost to the County for the partial taking would be $167,500. For just double this amount, the County can acquire title to over two and a half acres at this busy corner location. Possible future use of the subject property might include a oint-use-fiFe. ...... ::, ./'~--'--', ~,~ ~cent.tr~ct~'T~-~ EMS station. In addition, the County Utilities Division h~s recently purchased the ad FEB 10 ~.' ?~. the construction of a sewer force main pump station. However, they are experiencing some permitting delays due to the property's wetlands characteristics and have expressed an interest in utilizing the Torella property in its place. It is very possible that the pump station can be constructed on the eastern portion of the Torella property (reserving the western portion for EMS), and that the adjacent property could then be "surplused" and sold to the highest bidder, resulting in a net savings to the County FISCAL IMPACT: Funds in the amount of $336,300.00 will come from the Transportation Supported Gas Tax Fund and/or Impact Fee Funds. Source of Funds are Gas Taxes and/or Impact Fees. At such time as the remainder property (the balance of the property NOT required for road right-of-way) is utilized for utilities, or for EMS / fire safety purposes, the source of funds will be reimbursed from the user-agency's budget. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the p/roperty via Warranty Deed and authorize staff to record same in the public records of Collier.,,Gdunty, Florida; and 5. Approve any an~~quired. SUBMITTED BY,~"~~~~~_/-~~ DATE: ,~. - ~' - ~ ,,,~evin Ir~n~'~,,~s, Right-o~-~y~quisition Manager TransportatiOn Engineering and Construction Management REVIEWED BY: Allen R. Ruth, P.E., Senior Project Manager Transportation Engineering and Construction Management REVIEWED BY: REVIEWED BY: APPROVED BY: k,.~,~)~.~ ~-,~u.~ DATE: 'Z -'L, - 04.- Dale Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Gregg R. Strakaluse, P.E., Director Engin~and ~,nstruction Management Department Norman/~eder, 'AICI~, Administrator Trans/~/brtation Services Division AGENDA ITEM No.~~j~ FEB 10 2004 Z._ PROJECT: 636,51 FOLIO No: 41820800009 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this __ day of 2004, by and between THOMAS A, TORELLA (hereinafter referred to as "Owner"), whose address is 790 Logan Blvd. N., Naples, FL 34119-1423, and COLLIER COL,lINTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described as Golden Gate Estates, Unit 95, Tract 19, as recorded in Plat Book 9, Page 45 of the Public Records of Collier County, Florida; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS,' Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey clear add marketable title to the Property to Purchaser for the sum of $328,000.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including ail landscaping, trees, shrubs, improvements, and fixtures located thereon, and for all other damages in connection with conveyance of said Property to Purchaser. County shall pay a reasonable attorney's fees, expert witness fees, and costs in the amount of $6,500.00, made payable to Roetzel & Andress, PA, Trust Account in full settlement of all costs provided for by Chapter 73, Fta. Stat. The Owner hereby authorizes Purchaser to make payment in the amount of S334,500.00 to Midwest Title Guarantee Company of Florida, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation. Prior to Closing, Purchaser shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide Purchaser with a copy of that certain Property Settlement Agreement pursuant to Final Judgment of Divorce Case No. 99-3520-CA-01-CAE within five (5) days of the date of this Agreement. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur on or before March 15, 2004; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Properly. At Closing, Purchaser. shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises .other than those so stated herein; and the written Purchase Agreement AGENDA i_TEM ~ No. FEB 1 O 200 Pg- 3 Purchase Agreement Page 2 10. 11. Agreement, including alt exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands tiqat the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Purchaser shail pay for all recording fees for the Warranty Deed, and for any and all costs and/or fees associated with securing and recording any Partial Release(s) of any mortgage(s) recorded against the property, and for the fees to record any curative instruments required to clear title. This Agreement and the Terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees. whenever the context so requires or admits. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. FEB 1 0 200 pg. Z/~ Purchase Agreemert Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ___ day of 2004. Property acquisition approved by BCC pursuant to Resolution No. 2002-436, dated November 2, 2002, Item 10B. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: DONNA FIALA, CHAIRMAN AS TO OWNER: Witness (Signature) Name (Print or Type) Witness (Signature) N~me (Print or Type) THOMAS A.TORRELLA Approved as to form and regal sufficiency: Ellen T. Chadwell Assistant County Attorney AGENDA ITEM No.,_ FEB 0 200 EXECUTIVE SUMMARY BOARD APPROVAL OF ADOPT-A-ROAD PROGRAM AGREEMENTS AT THE BOARD OF COUNTY COMMISSIONERS MEETING ON FEBRUARY 10, 2004 OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONS!i)ERATIONS: that the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in ' aecordatme with instructions contained in the Agreement. (~qSCAL. IMPACT: The cost of a roadside sign at either end of the roadway segment listing the volunteer group as sponsor and responsible for keeping the area free of litter. The cost of these signs is $75.00 per sign and taken from Fund 101.Cost Center 163620. RECOMMENDATION: That the Board of County Commissioners recognize the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute the Agreements .on behalf of Collier County. Prepared by: ('~~ ~ Barbara Lee, Adopt-a-Road Coordinator Transpor~t~t~}ion Main. terence Reviewed by: ~ hn Vliet, Superintendent Transportation Maintenanc Reviewed by: ~..~n~~. Michael E/t~,naki, Director Tran~?n ~it~nance//~ Approved by: // Nonlfian~ Feder} A~ninistr~ior Trans~rtation Division Date: Date: ~////~O ~-- Date: Date: COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this /,~day of~~1~2004, by and between Collier County, through its Transportation R-o~cl Maintenhnce ~epartment, hereinafter called the "COUNTY",,,a,,n,~,d the v~lunteer group, SOUTH NAq~LES COMMUNITIES (heinafter called the GROUP ). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as CR 951 fi.om RATTLESNAKE-HAMMOCK ROAD to GRAND LELY DRIVE and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a time. 9. Remove litter dtLfing daylight hours only. / No.AGE}I~AW--,~I~A~T2_.,EI FEB 1 0 200 P~.__ ~ 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereaa~er. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the FEB 1 0 Pg.,, ~ GROUP is responsible for immediately remmin~ .,.I1 ('ounty-owned materials to the County project coordinator. The COUNTY reco~m~izes the GROUP as the a&~cHng organization for the section of road known as CR 951 from Rattlesnake-Ham m,c k Road to Grand Lely Drive and the GROUP accepts the responsibility of picking '.:p iitter on this section of road and promoting a litter-free environment in the commt.~:. ~_'~ f).)r a period beginning February 1, 2004 and ending January 31,2006 (minimum of ;',~, i, cars). The GROUP covenants and agrees that tt ~.~ ~ i! indemnify and hold harmless Collier County and ifs officers, agents and employs:cs fi.om any claim, loss, damage, cost, charge or expense arising out of any act, neglect or ,,mission by the GROUP or by any person performing litter removal as part of the GR()t ~ P during the performance of the Agreement whether direct or indirect, and whether ~o any person or property to which Collier County or said parties may be subject, excc. 7,t that neither the GROUP nor any of its members shall be liable under this provision for ,:L~mages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until :cmfinated. Collier County or GROUP may terminate this Agreement for any rc:.~:;,m upon 30 days notice. This Agreement is for litter removal actix itic. s only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties ~qa,~ ~: ::.:rased this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk By. Donna fiala, Chairman FEB GROUP: GROUP: S O~ ~Ji~--~l~lUNl TIE S ' 'j~/.~~, ~/3dd ]0 j~' ,President Group's Ad.t-A-Road ~an (p~t). Group's A~opt-A-Road Chaiman's A~dres~ Phone g (day) Phone g Approved as~ form-and legal sufficiency: J-~cquelin~e~d Robinson Assis~ounty Attorney No. EXECUTIVE SUMMARY APPROVE THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES TO IMPLEMENT CONSTRUCTION INSPECTION & PROTECTION PROCEDURES DURING THE GOLDEN GATE PARKWAY CONSTRUCTION PROJECT FOR THE CITY'S 36-INCH WATERMAIN SUPPLYING DRINKING WATER TO OVER 80% OF THE CITY RESIDENTS (PROJECT NO. 60027) OBJECTIVE: To receive Board approval of the Interlocal Agreement between Collier County and the City of Naples. CONSIDERATIONS: During November 2003, Better Roads, Inc. started construction activities along Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. Throughout this corridor, the City of Naples owns a 36-inch raw water main that supplies drinking water to over 80% of the City's residents. As part of the construction contract, Better Roads is required to implement inspection and protection protocol to ensure the security and continued operation of this critical infrastructure throughout construction. Secondary protocol has also been established to promptly repair the facility if a rupture were to occur. Throughout the developmem of the construction contract, the citY of Naples has been actively involved in determining inspection and protection protocols to be implememed by the Contractor. The County has integrated these protocols into the contract and the value of this service, as provided by Better Roads in their "low-bid", is $50,000. This Agreemem formalizes City and County responsibilities associated with the project, as well as the City's commitmem to reimburse the County for the Contractor's cost of $50,000. ~_ISCAL IMPACT: Upon approval of the Agreement, the County Transportation Division \ v ~ b~ the City of Naples $50,000.00. In turn, the County will deposit those funds into Project No. 60027 to be used later for payment to the construction contractor upon invoice. GROWTH MANAGEMENT IMPACT: The improvement of Golden Gate Parkway is consistent with the County's Growth Management Plan (CIE No. 74); however the approval of this Agreement is only to facilitate the project's completion in accordance with public health and safety requirements. RECOMMENDATION: That the Board of County Commissioners approve the attached Interlocal Agreeme~t.~the City o~/h~les. SUBMITTED BY:<~~., ~~ Robert Al~r~u, Contracts Specialist Engineering and Construction Managemem Department AGENDA El'EM, FEB'I 0 200q Pg. ) APPROVED BY: APPROVED BY: Gregg R. Strakaluse, P.E. Director- ngineering and Construction Management Dept. No/man I~eder, Administrator DATE: /g' /~ansportation Division FEB 10 2OO4 FINAL 9126103 COUNTY PROJECT NO. INTERLOCAL AGREEMENT COUNTY ROAD NO. COUNTY PROJECT Golden Gate Parkway Six-Laning (east of Livingston Road to east of Santa Barbara Boulevard) 886 60027 A&B THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this day of ,2003, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY") and the City of NapleS, a municipal corporation (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, COUNTY is planning to construct, reconstruct or otherwise modify a portion of the county roadway system designated by COUNTY as Project No. 60027, Golden Gate Parkway Six-laning Improvements (east of Livingston Road to east of Santa Barbara Boulevard), said roadway improvements hereinafter called the "Roadway"; and WHEREAS, CITY is plamfing to maintain a 36" raw water main within, adjacent to, and hq the vicinity of the roadway easement, said utility work and improvements hereinafter called the "Utility" or "Water Main"; and WHEREAS, CITY requested COUNTY to allow the CITY'S existing. Water Main to remain in place; and WHEREAS, COUNTY agrees that the existing Water Main may remain in its current place; and WHEREAS, COUNTY and CITY have determined and muttmlly agree that it is economically advantageous and in the best interest of the public to consummate this Agreement to provide for the construction of Roadway by COUNTY pursuant to and in accord with proposed COUNTY'S roadway construction contract for the roadway and to accommodate the CITY Water Main without requiring its relocation; and WHEREAS, CITY accepts the terms in the agreement incorporated herein and included in Exhibit "A" attached hereto; and attached Exhibit "A" herein known and referenced as "Anticipated Cost of Project" (~ WHEREAS, COUNTY is agreeable to and desirous and capable of performin otherwise undertaking utility design, construction and contract administration se] WHEREAS, CITY accepts the t6tal bid items for the portions of work as identified in the No. ' pro~di~g,'o~r ^^^, 1 fo I cZU . pg. FINAL 9126103 jointly and concurrently with the ROadway construction, and CITY agrees to reimburse COUNTY for the final and actual costs herein known and referred to as "Actual Cost Statement" (ACS) for the total bid items for the portions of work as identified in the attached Exhibit "A". NOW THEREFORE, in consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, COUNTY and CITY agree as follows: SECTION I: COUNTY'S RESPONSIBILITY. 1:00 COUNTY shall provide and perform comprehensive utility related design and construction and contract administration services to CITY for the roadway project. These services shall be rendered jointly and concurrently with COUNTY'S design and construction of the roadway. 1.01 The following specific services, duties and responsibilities will be the obligation of the COUNTY regarding design coordination, construction and contract administration of the Utility work on behalf of the CITY. COUNTY agrees to accommodate the CITY'S existing Water Main so that it may remain in place within the existing Golden Gate Parkway right-of-way where not in conflict with all components of the Roadway design. The necessary and applicable utility plans and specifications shall be subject to the CITY'S input and review. COUNTY shall include Utility work in its Roadway Construction Bid to arrive at a price for CITY'S actual construction Utility' work excluding COUNTY'S administrative fees. COUNTY shall conduct a formal preconstruction conference prior to commencing with construction work. COUNTY will provide CITY notice of the preconstruction conference at least five (5) working days prior to the conference. CITY'S representative may attend this conference at the CITY'S discretion. A copy of the minutes of said conference shall be submitted to the CITY'S contract agent/ representative as so identified hereinafter. COUNTY shall coordinate the Utility and Roadway work with third parties such as property owners, land developers, environmental agencies, contractors, and the like to the extent that such pm"ties have a direct interest in or are directly affected by said Utility and Roadway improvements. E. COUNTY shall report construction progress to the CITY upon request. Periodic on-site inspections and construction reviews will be conducted by the COUNTY or it's designee and the CITY to assess the contractor's compliance with the construction plans. '" ' EM AGENDA I~ . / No. /g FEB 1 0_. 200q I FINAL 9126103 Jo The Utility work shall be coordinated with the CITY'S utility representative with respect to keeping the CITY advised of technical, cost, and schedule impacts upon the Utility work. COUNTY shall confer with public officials of the CITY as deemed necessary by the COUNTY in order to coordinate work stages between an3, Utility improvements and the Roadway improvements fi.om a public interest viewpoint. Periodic Utility field measurements and quantity calculations shah be made by the COUNTY of Utility work accomplished on an as-needed basis for processing of monthly progress payments to the COUNTY'S contractor. The Utility related field measurements, quantity calculations and other performance data will be verified with the CITY'S contract agent/representative if so requested by the CITY in writing prior to the COUNTY'S issuance of monthly progress payments to the contractor. COUNTY shall administer design changes, clarifications, supplements and other contract amendments which may be necessary during design and construction of any Utility improvements. These contract directives to the consultant and contractor may be in the form of plans, memoranda, reports, change orders and supplemental agreements and shall be subject to a written approval by the CITY'S contract agent/representative. The above notwithstanding, upon notification to CITY, the CITY herein authorizes the COUNTY to prepare, execute and implement minor change orders for contract amendments necessitated by actual field conditions at the Utility site so as not to delay the contractor's performance. Said change orders shall be issued by the COUNTY using either existhng contract unit prices or negotiated unit prices for work adjustments to the Utility improvements. In no event shah the value of any individual change order directly related to the Utility exceed Five Thousmad Dollars ($5000) nor shall the cUmulative total an~omnt of such change orders exceed Ten Percent (10%) of the ACP. Additional or extra work which exceeds the above change order authority by the COUNTY shall be submitted for review and execution by the CITY. Upon completion of all Utility work, including all work authorized under change orders and supplemental agreements, the COUNTY shall conduct a final inspbction of the Utility work with the CITY'S contract agent/representative and/or its Record Engineer prior to COUNTY'S issuing a final payment to the contractor. COUNTY shall submit a final Certificate of Completion letter to the CITY along with an appropriate number of plans detailing the Utility as maintained, modified or improved by the COUNTY'S contractor for subsequent certification by the CITY'S Record Eng/neer. This certification shall be submitted by the CITY'S Record Engineer to the State of. Florida Department of Environmental Protection and other local and state agencies Which govern the Utility improvements. All contracts entered into by the COUNTY for the design and/or cons Utility Facilities shall require the party contracting with the COU harmless, indemnify and defend the CITY and its consultants, agent: employees from any and all claims, lo§ses, penalties, demands, judgm~ ~uctl~l~q[~]l~ ITEM II to save Pg: FINAL 9/26103 of suit, including attorney's fees and paralegal's fees, or any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages or economic loss, arising directly or indirectly on account of or in connection with the work done by the COUNTY'S consultant or contractor pertaining to the design and construction of the Roadway and Utility or by any person, firm or corporation to whom any portion of the Roadway and Utility work is subcontracted by the COUNTY'S Consultant or contractor. SECTION II: CITY'S RESPONSIBILITY. 2.00 CITY shall provide and perform project support duties to ensure that the COUNTY is able to finnish construction and contract admini~ration services to the mutual satisfaction of the CITY, the COUNTY, and other governing agencies that have jurisdictional control over the Utility improvements. 2.01 The specific project support duties and responsibilities enumerated below shall be the obligation of the CITY. mo CITY shall provide to COUNTY a copy of any and all documentation regarding the condition of the CITY'S Raw Water Main, its carrying capacity and the weight which may be placed over the Water Main. Bo CITY'S Record Engtt.,~,,r, on beha!f of the CITY, shall ce~ify, as applicable, the final Utility plans' and contract documents which will represent and depict the Utility as maintained by the COUNTY'S contractor. C~ CITY shall obtain all other written approvals fi:om parties mud/or persons having mn interest or direct control over the Utility ~provements as deemed necessary to ensure that COUNTY may perform its duties and responsibilities herein in a timely and cost effective manner without interruption. CITY §hall be responsible 'for the Utility construction in accord with the plans, permits, specifications and designs prepared by the COUNTY or their designee, including but not limited to materials, labor and 'delay COsts. Additional costs incurred pursuant to future change orders and/or supplemental agreements authorized in accord with the provisions of Article 1.01 (J) above shall~also remain the cost responsibility of the CITY, said final and actual cost of all work herein known as the project ACS. In addition, the CITY shall be respons~le for all agreement items included in Exhibit "A" attached hereto and incorporated herein. CITY herein agrees to assign a contract agent/representative to the Utility project for the entire design and construction period and notify the COUNTY in writing so that the COUNTY may effectively coordinate its services with the CITY. This comract ~[~ae?t/rtheep~eoSentauN~i¢~ Scoloh~n Prtrac~;,irdeknpohwy. ~iCalwh~rOeC~theeS OlinfetihseatCIa~TYt 'k~esW. a~~ agent/representative shall also. act as the CITY'S contract_ authlrity~i Pgi',i~~r ]~500/ FINAL 9126/03 provisions of this Agreement. COUNTY shall provide written notice of all meetings at least five (5) working days prior the meeting. CITY shall assign a Utility project coordinator for the purpose of coordinating, resolving and communicating construction issues at the field level with COUNTY'S resident construction engineer. CITY shall appoint/designate the project coordinator in writing to COUNTY prior to COUNTY'S commencement of design coordination, construction and contract administration services herein. CITY'S contract agent/representative and/or CITY'S project coordinator shall attend periodic construction progress meetings with and between the COUNTY and the contractor, subcontractors and utility companies with direct or indirect interest in the provisions of this Agreement. CITY shall be respons~Ie for maintenance of the Water Main and all. associated utilities. At a minimum, the CITY shall haspect the Water Main annually to ensure that there are no leaks. CITY may not modify or upgrade the Water Main without the COUNTY'S consent and a Collier County right of way permit. This obligation shall remain after termination of this Agreement as long as the Water Main is in place and in use. The parties agree that the CITY'S Water Main may remain in place, and that, based on plans provided by the COUNTY, relocation will not be necessary at the present time, Unless during construction site conditions warrant the need for the CITY to make a modification or relocation or during hture road construction. If at the.tM-ne of the Roadway construction, the existing Water Main, or portions thereof, are found to interfere with, impede, or otherwise hamper construction efforts and the COUNTY . determines that alternate solutions to correct the conflict are not viable, then the CITY shall adjust, reconfigxtre, extend, or relocate at its cost such lines in a location identified by the COb~NTY. Such modifications shall commence within three (3) days of xvritten notification by the COUNTY and be completed within a reasonable and mutually agreed upon time. Moreover, the CITY herein agrees to obtain all additional easements and/or rights-of-way required in order to relocate or maintain the Utility improvements. CITY agrees to inmaediately respond to Emergencies subject to activities set forth in Exhibit "A" for which the County contractor is responsible, and to comply with state, federal and local laws including, but not limited to, CITY emergency policies, Collier County Ordinance No. 2003-37, as it may be amended fi'om time to time, or its successor ordinance, and the Collier County Land Development Code. In the event the CITY fails to immediately respond to an Emergency, the COUNTY may take corrective action and bill the CITY for its actual cost. The CITY shall pay the amount incurred by COUNTY within thirty(30) days of receipt of the bill'or invoice. For purposes of this Agreement, an Emergency shall he defined as any leakage, spillage or escape of water fi.om the Water Main which interferes with fire safety or capacity of the Roadway or 'the safety of the public. This obligatic after termination of this Agreement as long as the Water Main is in plac FEB 1 0 20Fi FINAL 9126/03 CITY shall pay to COUNTY a sum equal to the ACP within sixty (60) days of the execution of this Agreement. SECTION III: MUTUAL COVENANTS. 3:00 CITY shall not be responsible for, nor shall CITY dictate upon COUNTY, construction means, methods, techniques, skills, sequences or procedures of construction rehting to Roadway improvements. The above respons~ilities during construction shall remain with the COUNTY'S contractor and/or the contractor's subcontractors subject to the conditions and respons~ilities set forth is this Agreement and in Exhibit "A". 3.01 CITY shall not be responsible to the COUNTY should the COUNTY'S contractor fail to comply with OSHA Safety and Health Standards (29 CFR 1926/1920) as authorized by the U. S. Department of Labor, Occupational Safety and Health Administration; said responsibilities to be that of the COUNTY'S contractor and/or the contractor's subcontractors. · 3.02 3.03 COUNTY'S Transportation Engineering and Construction Management Director, either directly with the CITY or through duly authorized representatives assigned to the Roadway and the Utility by him, shah act as the COUNTY'S contract manager under this Agreement. As the COUNTY'S contract manager under this Agreement, the Transportation Engineering and Construction Management Director shah also have the authority with prior written approval of the CITY to extend the ~mits and/or scope of Utility construction work. COUNTY shall provide CITY with one (1) set of the approved as-built plans for the Roadway at the conclusion of construction activities by the COUNTY'S contractor. CITY shall pay COUNTY the ACP prior to giving the contractor the Notice to Proceed with the start of the work. 3.04 COUNTY shall reimburse CITY for the difference in value between the ACP and the ACS if the former amoum exceeds the latter-amount. COUNTY shall pay this differential amount to the CITY within forty-five (45) calendar days. after the date on which the construction provided for in this Agreement is completed by the COUNTY and accepted in writing by the CITY. 3.05 CITY shall reimburse COUNTY for the difference in value between the ACP and the actual cost should the latter amount exceed the former amount. CITY shah pay this differential amount to' the COUNTY within forty-five (45) calendar days after the date of final acceptance of the Utility work in writing by CITY or within forty-five (45) calendar days after COUNTY presents CITY with a Certificate of Completion letter. SECTION IV: AGREEMENT TERMS. 4.00 This Agreement shall remain in full force and effect ~om the date first above terminate when COUNTY has issued a notification to its contractor ofsubstar for the six-laning of Golden Gate Parkway, Project 60027. rial completion FEB1 pg. ~> FINAL 9~26~03 4.01 The Roadway shall be maintained by the COUNTY, or its assigns, with respect to roadway and drainage improvements and by the CITY, with respect to the Utility within COUNTY public easements and/or rights-of-way. CITY and/or its assigns shall also maintain the Utility improvements which lie outside COUNTY public easements and/or rights-of-way. SECTION V: INSURANCE. 5.00 5.01 CITY and COUNTY shall maintain insurance in the minimum amounts and types as required by Florida State Statutes. CITY and COUNTY agree that either party may be self-insured on the condition that all self- insurance(s) must comply with all state laws and regulations and must meet with the approval of the other party to this Agreement. SECTION VI: MISCELLANEOUS. 6.01 6.02 This Agreement shall be govemed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover ~om the opposite party ail court costs and other expenses including reasonable attorney's fees. It is understood that this Agreement must be executed by both parties prior to CITY and COUNTY commencing .with the work, services, duties and respons~ilities descn~oed heretofore. 6.03 COUNTY shall record this Agreement in the official records of Collier County as soon as practicable after approval and execution by both parties. AGENDAJTEM No._ ' U.-* ! FEB i 0 2001 I FINAL 9~26~03 IN WITNESS WHEREOF, the parties hereto have caused this Joint Project Agreement to be executed by their appropriate officials, as of the date first above written. AS TO coUNTy: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Donna Fiala, Chairman legal sufficiency for COUNTY: He~d~ F. Ashton Assistant Count), Attorney ATTEST: CITY OF NAPLES ~/TARA N0/iM¢~, City Cl~k 0 ROBERT D. PRITT, City Attorney (corPorate Seal) BONNIE R. MacKENZIE, M~. ~qTNESSES: (1) (2) Printed/Typed Name FINAL 9~26~03 GOLDEN GATE PARKWAY COUNTY PROJECT NO. 60027 EXHIBIT "A" City of Naples Responsibilities for Extra Costs Contract documents to include a line item in the schedule of unit prices for extra precautions (as identified by the pipe manufacturer) to be taken by the contractor when work is performed in and around the 36" RWM. The contract drawings will show the limits of precautionary areas. The operating precautions to be recommended by the City shah also place the burden on the Contractor for proper operations with any non-compliance resulting in pipe damages being the Contractor's responsibility. Th. is line item is to be paid by the City of Naples. Also included in this line item is the costs to repair a rupture to the 36" RWM, should such repair be needed. Where pipe damage occurs due to the condition of the pipe or other circumstances where the contractor is not negligent or liable, this line item is to be paid by the City of Naples. This line item shall include special pipe repair sections that contractor shall have on-hand for repairs and any such repair sections not used shall become the property of the City. Any future roadway damages caused by the rupture/leak of the City's 36" RWM will be repaired at the City's expense in accordance with appropriate County right of way permitting manual. $50,000.00 Future cost not included in ACP TOTAL ANTICIPATED COST OF PROJECT BoOk 123. page Agenda Item 9-i Meeting of 12/3/03 RESOLUTION 03-10285 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH COLLIER COUNTY FOR THE PROTECTION OF A RAW WATER MAIN ON GOLDEN GATE PARKWAY EAST OF LIVINGSTON ROAD; AUTHORIZING TH~ MAYOR TO EXECUTE THE. INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, -as part of the design for the construction of six lanes on GoLden Gate Parkway-between Livingston Road 'and Santa Barbara Boulevard, the County has accommodated the existing City raw water main at its location under the eastbound outside lane; and WHEREAS, to protect the raw water main during the construction, special contract conditions were placed on the road contractor as part of the County's contract; and ~{EREAS, the bid submitted to the County for the protection of the raw water main for special repair piping and special equipment was $50,000.00; and WHEREAS, the City will be responsible for the cost of protecting the raw water main and the amount of $50,000.00 is considered competitive and in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY' OF NAPLES, FLORIDA: Section I. That the interlocal Agreement with Collier County for the protection of a raw water main at Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard is hereby approved, a copy of which is on file in the City Clerk's Office. Section 2. That the Mayor is hereby authorized to execute the Interlocat Agreement. Section 3. This resolution shall take effect i~,ediately upon adoption. PASSED IN OPEN A/qD REGLTL~AR SESSION OF THE CITY COUNCIL OF THE CITY OF.ALAPLE~ Bonnie R. MacKenzie, Mayor ~ ApD~coved as,t~Q form and legality: Robert D. Pritt,' City Attorney ~est: p ~ra A. Nor~an~ City Cl~k M: \REF\COUNCIL\R~S\2003\03-10285 Filed with City Clerk , riereby ce,',.~;y ina'. me abav~ 81~ ~:,g~i~§ m a tree and correc~ copy of records appearing in lhe files of the C.i~ Clerk's Office, Cit~ of NapleS Flodda. Book123-Page Agenda Item 9-i Meeting of 12/3/03 RESOLUTION 03-10285 A RESOLUTION APPROVING AN INTERLOCAL AGREEM~/gT WITH COLLIER COUNTY FOR THE PROTECTION OF A RAW WATER MAIN ON GOLDEN GATE PARKWAY EAST OF LIVINGSTON ROAD; AUTHORIZING TRE MAYOR TO EXECUTE T~]~ INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. as part of the design for the construction of six lanes on Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard, the County has accommodated the existing City raw water main at its location under the eastbound outside lane; and to protect the raw water main during the construction, special contract conditions were placed on the road connracnor as pare of the County's contract; and the bid submitted to the County for ~h~ protection of the raw water main for special repair piping and special equipment was $50,000.00; and WHEREAS, the City will be responsible for the cost of protecting the raw water main and the amount of S50,000.00 is considered competitive and in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. Section 2 That the Interlocal Agreement with Collier County for the protection of a raw water main at Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard is hereby approved, a copy of which is on file in the City Clerk's Office. That the Mayor is hereby authorized to execuEe the Interlocal Agreement. Section 3. Thi~ resolution shall take effect i~mediately upon adoption. PASSED~IN OPEN ~ REGIJLA_R SESSION OF THE CITY COUNCIL OF THE CITY OF ~PLE~ FLORIDA, THIS 3~° DAY OF DECE~IBER 2003. .' R. MacKenzie, Mayor ~ ' A~est:. D ~ A. Norman, City Clqk ~ M: \REF\COUNCIL\RES \2003 \ 03-10285 A~oved as ~;~rm and legality: Robert D. Pritt, City _Attorney Filed with City Clerk I hereby cenlfy lha~ fha above m~ ~ Isa and correct copy of records appearing in ~ f~,es of · e ~7 Clerk's Ofr~ce, City _of Naples~ AGENDA~ ~f Pg. 73 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 04-3588 "FIXED TERM MATERIAL TESTING SERVICES" (ESTIMATED DOLLAR AMOUNT OF CONTRACT NOT TO EXCEED $500,000 ANNUALLY PER FIRM) OBJECTIVE: To obtain Board approval of Committee's ranking of five (5) finns for material testing services as required by the Transportation Engineering and Construction Management Department, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: For the next five (5) years (or more), Collier County will be designing and building a very aggressive program of an increased and improved roadway system. The County will require the services of engineers and technicians in connection with the geotechnical and material testing aspects of this work. A Request for Proposal (RFP) was issued for the purpose of establishing a contract with firms capable of providing these professional services to the County. RFP 04-3588 was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on December 19, 2003. Notices were sent to twenty-two (22) firms with nine (9) firms requesting full packages. Five (5) responses were received by the due date of January 9, 2004. A Selection Committee Meeting was held on January 21, 2004 and after review, ranking and discussion; by consensus of the members, the following five (5) firms were recommended for award: Forge Engineering Ardaman & Associates, Inc. Allied Engineering & Testing, Inc. Professional Engineering and Inspection Co, Inc. ASC Geosciences The RFP referenced that work orders would be issued in accordance with the County's Purchasing Policy. Purchasing Policy Section VII limits each work order assignment to a maximum initial amount of $90,000 and a maximum annual contract amount of $500,000. FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the selected frans. AGENDA I'IT=M No.. FEB 10 SUBMITTED BY: REVIEWED APPROVED BY: APPROVED BY: ~/~ /t~ Date: Allen R. Ruth, P.E., Se~r Project Manager Gre~R~ (~'P~cto/ Date- gg . , .., ' r, TE&C~I Del~artment / ~.~ Date: ]'/~s/~r N I~. Feder, AICP, Transportation Dlwsiaon Admlmstrator AGENDA ITEM No.,~ FEB 1 [I Pg- a~ EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A RESOLUTION APPROVING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE DESIGN AND CONSTRUCTION OF SIDEWALKS AND BICYCLE LANES IN EVERGLADES CITY, AND AUTHORIZING ITS EXECUTION. OBJECTIVE: To obtain Board approval of a Resolution approving a Florida Department of Transportation Local Agency Program Agreement for design and construction of a sidewalk along SR29 in Everglades City and the signing and marking of a bike lane on Copeland Avenue, and authorizing it execution. CONSIDERATIONS: The State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement with Collier County, wherein FDOT will reimburse Collier County the sum of $208,180 for the installation of sidewalks along CR 29 fi.om the Barton River Bridge south to the Traffic Circle at Copeland, and the painting out of bike lanes along Copeland. FISCAL 1MPACT: Funding for this project in the amount of $208,180 will come fi.om the Livingston Road Phase IV project and will be transferred by a budget amendment in the Everglades City Sidewalk Project. UpOn completion of the projects as set forth in the LAP agreement, these funds will be reimbursed by the Florida Department of Transportation. GROWTH MANAGEMENT IMPACT: None RECOMMEN1)ATION: That the Board of County Commissioners approve the Resolution authorizing the approval of a Florida Department of Transportation Local Agency Program Agreement for the design and construction of a sidewalk and bike lane in Everglades City and authorize the chairman to sign the Agreement and approve the necessary budget amendments. Prepared by: Reviewed by: Approved by: Ton~ Dian~ ~ Date: ~nerl~er, Traffic Operations and Alternative Transportation Modes Date: c Operations and Alternative Trantsport~tion Modes, ~E. Feder, ~ransportation Services Administrator AGENOA~ ITElyl FEB 1 0 200h RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE DESIGN AND CONSTRUCTION OF SIDEWALKS AND BICYCLE LANES IN EVERGLADES CITY, AND AUTHORIZING ITS EXECUTION. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a'Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse Collier County the sum- of $208,1'80 for theJ design- and construction of sidewalks along CR 29 from the Barton River Bridge south- to the Traffic Circle at Copeland, and the painting out of bike lanes along Copeland; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to install sidewalks along CR 29 from the Barron River Bridge south to the Traffic Circle at Copeland, and to paint out of bike lanes along Copeland, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The Board of County Commissioners approves the Agreement and authorizes its chairman, Donna Fiala, to execute the Agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Deputy Clerk -By: DONNA FIALA, Chairman Ap Jeffr, Assi: :gal sufficiency: [y A.' I~tzkow ,tant CI~ty Attorney AGENDA ITEM FEB 1 O State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT FPN No404677-1 Federal No: 1531 004 P FPN No. Federal No: County No. 03 Fund: SE erg. Code: 55014010106 Fund: erg. Code: Contract No: Catalog of Federal Domestic Assistance (CFDA): FLAIR Approp: FLAIR Obj.: FLAIR Approp: FLAIR Obj.: Vendor No.: F596000558102 20.205 Highway Planning and Construction 525010-40 CONSTRUCTION ~ - 11/O3 Page1 of 12 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State o.f Florida, hereinafter called the Department, and Collier County; Attn: Finance Dept.; 2671 Airport Rd., Naples, FL 34112 hereinafter called the Agency. WlTNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undedake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authe rized under Section 334.044, Florid'a Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Sidewalk and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A & B are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable Paws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of. the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/30/2005 If the Agency does not complete the project within this time pep'od, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time pedod is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement oft0 undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings n )CrC s Federal-aid req Uirements, to enable the Agency to provide the necessary funds for completion of the - - - FEB 1 0 pg. -- 525-010-40 CONSTRUCTION OGC - 11103 Page 2 of 12 ,)5 Submission of Proceedings, Contracts, and Other Document~: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 208,180.00 . This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the exteht provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled ~'-ible, federal participation may be approved in the amount determined to be adequately supported,' I notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds until compliance is obtained. Where non-compliance is not correctable, FHWA orthe Department mai in parcel or project costs in part or in total. b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. ~,04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent )n an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, ,,~nds approval from the Departme~'s Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one yea-r, the provisions of Section 339.135(6)(a), Flodda Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of.money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, .verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of cont'racts for periods exceeding 1 year, but any contract so made shall be executory only for the value Of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal:aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F_R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred pdor to authorization by the FHWA to the Department to proceed with the project or pad thereof involving such cost (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not 525010-40 CONSTRUCTION OGC - 11/03 Page 3 of 12 For any amounts determined to be ineligible [or federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for ali such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Pdor to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual wdtten agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at ali times dudng the period of this Agreement and for five(5) years aRer final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessa~j by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year pedod, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess cf the latest approved ~'~" '- of"'- = - or s..,,~,u,~ ,u,,d,n~ attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing iR ~,~,~,~, u~L~.. ~ nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and.year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-'i 33. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. i-he .a.,_~._ ~l[i~)rl~I _- .I items are to be received by the appropriate FDOT office no later than 9 months after the end of the re~ ipiN;~.s fiscal year./~3'~1 /' 525-010-40 CONSTRUCTION OGC - 11/03 Page 4 of 12 a recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-'i33 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, p_.ayrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the dght to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other matedal subject to the provisions of Chapter 119 Fiodda Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Flodda Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition, and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbumement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit' and post-audit thereof. (Section 287.058(1)(a), Florida Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 FIodda Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Flodda Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pu._..muant to this Agreement, the Department may offset such amount from payments due for work or services done under ~greement which it has with the Agency owing such amount if, upon demand, payment of the amol ,~ ~ rjD~,~' rl'~M ,- ,.,n sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be co, of contract by the Department. FEBI0200 ' ] 525010-40 CONSTRUCTION OGC- 11/03 Page 5 of 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect, by notice in writing, not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any docume'nt or data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any~qo,o,k~,' '""~ ~, ,,,-~ '",, ,e ,.v,^~",fl~.t'~' of ;~,_.A,, ,t~, ~st provisions contained herein in 12.06; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHVVA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arr-~ngem,~nt~. - which have not ~..h"'~" ~,-,-. ~- ~~'~'"'~'"~'~ in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty (120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Depadment may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been contacted, or the Department may terminate this Agreement in whole or in part at any time the interest of the Departmenl requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the De partment requires termination of this Agreement for reasons other than unsatisfactory pedormance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, theAgency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs ul.l~n the financing is to be computed; (b) furnish a statement of the project activities and contracts, and Cost °fwhich are otherwise includable as project costs. The termination or suspension shall be carded out'in conformity- with the latest schedule' plan' and c°sts appr°ved bY the Department °r up°n the basis °f terms and~c°ndilr~" ' O '~00/t 525-010-40 CONSTRUCTION OGC - 11/03 Page 6 of 12 '-~nosed by the Department u pon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable a. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9~00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto,.with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the De partment, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the pe,fformance of contra~s financed in whole or in pa,t with DePartment funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this A(~ reement. 92 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as ~,~fined in_~p?ic~bl,~,, _ ~ fe,~omlv.v, and state .v~.,~.,~,,..,r .... ~*;~'"~ have the opportuni~' to participate in the perfo,-mance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHVVA Funding is a part'of this project, the Agency must comply with applicable federal and state regulations. 'i 1.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all 'federal-aid Contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Departmen! if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "~d_.ebarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," lcipal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and --,verage sections of rules implementing Executive Order'12549. Contact the Department for assista copy of those regulations. . _ FEB 1 0 200 525-010-413 CONSTRUCTION OGC - 11/03 Page7of ~2 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any cont[acts with a person Who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts: The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, ineligible~ or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require-establishment of a system ~of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed th~L w,,,.h is non-nally processed by a prudent person in the ordinary' course of business dealings. Unless authorized by the Depadment, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for.debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depa~ment or agency. VVnere the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: f2.0t Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in al subcontracts, except subcontracts for standard commercial supplies or raw materials. '¢v13en the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI -Civil Rights Act of 1964: The Agency will comply with all th e requirements imposed by Title VI' of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R:, Part 21, and related statutes and regulations. '12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requiremcI,[o ...,,;~,,~,.~xl ~ the ADA, the regulations of.the federal government issued thereunder, and assurance by the Agency-- ---, -~pJ~rsj~]~t~"_>~;l'~ FEB I 0 200 ~ 525-010-40 CONSTRUCTION OGC- 11/O3 Page 8 of 12 '2.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction ,or a public entitycrime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discn*minatorY Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services rca public entity; may not'submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, SUlSplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 P~roh ibited!n_terests.-_ Neither the Agencyno_r any of ~S contractors or their subcontractors, shall enter into any contract, subcontract, or arrangement in connection with the project or~'afiy property included or planned to be included in the project in which any member, officer, or employee of the Agency orthe Iocali~ during his tenure, or for two years thereafter, has any interest, direct or indirect. If a ny such present or former member, officer, or employee involuntarily acquires or had acquired any such interest' prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval.of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shal! insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following prowsion: ..... No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." 'l-he provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, otto any agreement for utility services the rates for which are fixed or controlled by a governmental agency. !2.07 Interest of Members of or-Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: , ~13,01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable "- environ, mental regulations'and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing ar~y applicable permits. · 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. t-~.~35 Bonus or Commission: By execution of the Agreement, the Agency represents that it has no es not to pay, any bonus or commission for the purpose of obtaining an approval of its applicatio hereunder: FEB I 525-010-40 CONSTRUCTION CX3C - 11103 Page 9 of 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Ag reement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Depadment and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend,' save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees dudng the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or emp!oyees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. ]'he Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and v~ll-j0iht[y d~sbt]s-~'~ptT0~§-Fn' d~f~hdFng-the- dl-~i'm~ Aff~-r-r~gi-ewing the claiml the Depa'rtn~'nt v~ilJ d~tern~n~ whether to require the participation of the Agency in the defen se of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. .Th..e parties agree that this ,'~ ..... shall not waive the ~'~'"o"~ or provisions o, S ......,, ~,v.2,~, F,~,, ,~ Statutes, or any similar provision of law. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval sll appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of dght of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for constru'ction of. the project, including,those projects for which no right of wayis required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable planS'and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used inthe plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of [wo counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: TheAgency agrees that no federally appropriated funds have been paid, orwill be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of. Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contr.act, the making of any federal grant, the making of any federal loan, the cooperative agreement, and the extension, continuation, renewal, amendment or modification of any grant, loan, or cooperative agreement. FEB. 1 I:l. 201 .'Pg.. /// 525-O10-40 CONSTRUCT]ON OGC- 11/03 Page 10 ~' 12 ~ ny funds other than federally appropriated funds have been paid by the Agency to any person for influencing or .~mpting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-ELL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that-the language of this section be included in the award documents for all subawards at all tiers (inCluding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)' and that all subrecipients shall certify and disclose accordingly. State: 'No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14'Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under :.. ~is Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ~) will O will hot '~'~aintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Depadment should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in ac~rdance with Section 2!5.422(3)(b), Florida Statutes, wi!! be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency 'paration errors will result in a delay in the payment. The invoice payment requirements do not start until a properly .mpleted invoice is provided to the Department. A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties h ave caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: 'l-~le: RoCC Chairman or Designee Title: Director of Production Attestc Attest: ' 'l-ltle: Clerk Title: Executive Secretary As to form: As to form: ~ttorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. 'AGENDA, ITEM FEB 1 0 200 FPN NO404677-1 525-010-40 CONSTRUCTION OGC - 11/03 Page 11 of 12 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated' PROJECT LOCATION: CR 29 at Barton River to Broadway The project O is ~) is not on the National Highway System. The project O is (D is not on the State Highway System. PROJECT DESCRIPTION: Installation of sidewalks along CR 29 from the Barton River Bridge south to the Traffic Circle at Copeland. In addition, the project involves painting out bike lanes along Copeland. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04). AGENDA .o. . FEB 10 Po. _ /2 : ,al Consideration by Agency: All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as amended. All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2004 edition as amended, and (2) The FDOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition as amended. For all projects the followin§ will apply: a) Section 287.055, F.S "Consultants Competitive Negotiation Act" b) FDOT "Project Development and Environmental Manual," where applicable c) The Local Agency Program Manual The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the project, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve the project for payment. 525~10-40 A'FFACHMENT PAGE 1 TJ3.~ Department shall reimburse the Agency, .subject to funds availability, in the year programmed (currently FY 03104). FEB 1 0 200 525~10-40 CONSTRUCTION OGC - 11103 Page 12 of 12 AGENCY NAME & BILLING ADDRESS Collier County Attn: Finance Department 2671 Airport Road Naples, Florida 34112 LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING FPN_ NO. 404677-1 PROJECT DESCRIPTION Name Sidewalks/bike lanes Length Termini CR 29 from Barron River to the traffic circle at Copeland t FUNDING I · TOTAL AGENCY STATE & TYPE OF WORK b)f Fiscal Year PrOJECt FUNDS FONDS FEDERAL FUNDS P.E. 2003-2004 $31,227.00 $31,227.00 2004-2005 2005-2006 Total PE $31,227.00 $0.00 $31,227.00 Right-of-Way 2003-2004 2004-2005 2005-2006 j Total Rioht-of-Way Cost $0.00'- $0.00 $0.00 Construction 2003-2004 $176,953.00 $176,953.00 2004.2005 2005-2006 2006-2007 , Total Contract Costs $176,953.00 SQ00 $176,953.00 Construc'don Engineering and Inspec'don I 2003-2004 $0.00 $0.00 2004-2005 20O5-20O6 ' $0.00 $0.00 $0.00 · - Total C~'~stru~i6n Er.~ineedng. ' Total Construction Cost ' $176,953.00 $0.00 $176,953.00 . ESTIMATED TOTAL COST OF THE ' $208,180.00 $0.00 $208,180.00 PROJECT The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after The Department will notify the Agency, in writing, when funds are available. July 1st each fiscal year. *Currently funds are available for the Preliminary Engineering activities only. A Written Notice To Proceed will be issued to the Agency when additional funds become avaiIable for additional phases. The Agency must notify the Department upon project completion and prior to invoicing the Department for reimbursement. FEB 1 0 200 ·/,_<" EXECUTIVE SUMMARY APPROVE A RESOLUTION TO ALLOW THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A LOCAL AGENCY AGREEMENT (LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FOR ROADWAY LIGHTING ALONG US 41-NORTH TAMIAMI TRAIL FROM MYRTLE ROAD TO PINE RIDGE ROAD AT A COST OF APPROXIMATELY $400,000. OBJECTIVE: To gain Board approval for the Board Chairman to enter into a LAP agreement (attached) with the FDOT that will allow Collier County to install roadway lighting on US 41-North Tamiami Trail from Myrtle Road to Pine Ridge Road and be partially reimbursed by the FDOT. CONSIDERATIONS: The Florida Department of Transportation has agreed to reimburse Collier County for the costs incurred to provide preliminary engineering (PE) for installation of roadway lighting along US 41-North Tamiami Trail, commencing at Myrtle Road and terminating at Pine Ridge Road. The project length is a distance of approximately 1.6 miles and will include installation of forty-foot spun aluminum luminaire poles installed according to FDOT standards. Upon completion of the PE phase, FDOT will issue a Notice to Proceed to the County with additional funds for the Construction and. Construction Engineering Inspection (CED phases. The total project cost, including PE, Construction, and CEI, is estimated to be approximately $659,000, with the FDOT reimbursement programmed to be $259,020.00. FISCAL IMPACT: A budget amendment is needed to transfer $400,000 from the Livingston Road Phase 4 project and into the Street Lighting Project account. FDOT funding in the amount of $259,020 is available and programmed in this Fiscal Year (03/04) to reimburse the County for a share of the costs of completing the PE, Construction, and CEI of the lighting project. $400,000 will be funded by Collier County through the Transportation Gas Tax Fund with a reimbursement of $259,020 from FDOT to Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the attached Resolution and necessary Budget Amendments and authorize the Board Chairman to enter into a Local Agency Program agreement with the FDOT for the installation of roadway lighting on US 41-North Tamiami Trail from Myrtle Road to Pine Ridge Road. SUBMITTED BY: '/~ ~'~/~7 DATE:/-"2 ff~ ~ff ,~ W. Tipton, PE, Comity Traffic Operations Engineer. REVIEWED BY: I ~! \\ DATE: Diane B. FI~g,~ Traffic Operations & Alternative Transportation Modes Director APPROVED BY:~//1! ]S'J~/,.~J~ DATE:¢~/~ No~na/E. Feder, AtCP, Transportation Administrator A NA FEB 1 0 200 Pg. RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, -COLLIER COUNTY, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM' AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR ROADWAY LIGHTING ALONG U.S. 41 - NORTH TAMIAMI TRAIL, FROM MYRTLE ROAD TO pINE RIDGE ROAD, AND AUTHORIZING ITS EXECUTION. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse Collier County the sum of $259,020 for the Preliminary Engineering and installation of highway lighting on forty foot spun aluminum ~ I 1 o IT ' 41 ~s "~ ~"'~ vo,es a,on~, ,~.S. between ...),.e Road .... Pine Ridge Road; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to install lighting along U.S. 41 between Myrtle Road and Pine Ridge Road, and that this Agreement is in the best interests of the citizens of~omcr'~ "'- County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COD~NTY COMMISSIONERS OF COLLIER COU~ITY, FLORIDA, that; The Board of County Commissioners approves the A~eement and authorizes its chairman, Donna Fiaia, to execute the Agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNVI'Y COMMISSIONERS OF COLLIER COUNTY, FLOR1DA Jeff~y A. AssiStant ! Deputy Clerk '~and legal sufficiency: Klatzkow )unty Attorney By: DONNA FIALA, Chairman FEB 10 200 State of Florida Department of Transportation 52s.o~o~4o LOCAL AGENCY PROGRAM AGREEMENT co.~r~uc~o. OC-C - 11/03 Page I of 12 FPN No412646-1 Fund: XL FLAIR Approp: Federal No: Org. Code: 55014010106 FLAIR Obj.: FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. 03 Contract No: Vendor No.: F 596000558102 Catalog :of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an a_qencv of the State of Florida, hereinafter called the Department, and Collier County;, 2671 Airport Rd., Naples~ Florida 34112 hereinafter called the Agency. WITN ESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the De partment has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Flodda Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Traffic Ooerafions Imorovement and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called-the project, and to provide departmental financial assistance to the Agency and state the terms and conditions upon 'which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A and B are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Depadment's Local Agency Program Manual, which by this reference is made a part hereof as if fully set fort~ herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/30/2005 If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the. Department pdor to the expiration of the Agreement. Expiration of this Agreement will be considered termination"of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other prOCeeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake .the project hereunder, or to observe, assume or carry out 'any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2,04 Funds of the Agency; The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the pr i--,-[. AG~_~j~iDz~ No. !.,~, ~r~ FEB 1 eligible, federal participation may be approved in the' amount determined to shall notify the Agency in wdting citing the reasons why items and amounts be adequately supported, t are not eligible for Federal Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds until compliance is obtained. Where non-compliance is not correctable, FHWA orthe Department ma in parcel or project costs in part or in total. 525-010-40 CONSTRUCTION OGC- 11/03 Page 2of 1- 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 259,020.00 · This amount is based upon the schedule of funding in-Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid padicipation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, f,,n~s approva! ~.~,m the Department's ........... · -, .... ~. ....... must be received each fiscal year pdorto costs being incu~Ted. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received The Department will notify the Agency, in wdting, when funds are available. ' 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than ,~ne year, the provisions of Section ~3~ - ~ ~., 3~)~a), Florida Statutes, are hereby inco~orated: "The department, dudng any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure dudng such fiscal year. Any contract, verbal or written, made in violation of t_his subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entedng into any such contract or other.binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fLsca! years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall'not participate in any cost which is not incurred in conformity with applicable federal and state law, the mgu!ations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred pdor to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not ~n:n rfrT1Pnt deny ¢~~0~I' pg. , z~ 525-O1 0-40 CONSTRUCTION OGC - 11/03 Page 3 of 12 r any amounts determined to be ineligible for federal reimbursement for which the Department h as advanced payment, me Agency shall promptly reimburse the Department for all such amounts within g0 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and makedisbursements of project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by mutual wdtten ag reement between the De partment and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the-Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's genera accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year pedod, the records shall be retained until ail litigation, claims, or audit findings involving the records have been resolved. ~2 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. _.Jsts in excess of the latest approved schedule '~¢funding or attributable to "*; - ,, -'~ v, a,.,o,,s ,vh,~h have not received the required approval of the Depadment shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assi§tance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-t33. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. -)orting Packages and management letters generated from audits conducted in accordance with O ~r~ C. ircHlar .33 shalJ be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. items are to be received by the appropriate FDOT office no later than 9 months after the end of the n FEB 10 280 525-010-40 CONSTRUCTION OGC- 11/03 Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed orthe dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Cleannu .... s,. Bureau of the Census 1201 East lOth Street Jefferson, IN 47132 5.05 inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fiodda Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Flodda Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Depadment an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The repod must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbumement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Flodda Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for a ny travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Flodda Statutes and Chapter 3-Travel of the Depadment's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, a ny claim is made by the Department resu Iting from an audit .or for work or services perfOrmed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment Qfthe arno "'* i..,,., m.a,~ within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be cc ~side~~EEJ~jll · of contract bythe Department. No. -!t0J~ '~/ : . FEB-IO 525O1040 CONSTRUCTION OGC - 11~3 Page 5 of 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreeme.nt, the Department may elect, by notice in writing, not to make a Payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a matedal nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7;03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of !nteres~: There has been any violation of the conflict of interest provisions contained herein in 12.06; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In deiermining the amount of the payment, the Department will exclude all project costs incurred _b_by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs .,ributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final invoices: The'Agency must submit the final invoice on the project to the Department within one hundred twenty (120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department.may terminate this Agreement in whole or in part at any time the interest of the Department requires suc6 termination If the Depadment determines that the performance of the Agency is not satisfactory, the DepartmentShall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the De partment requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, wi[h instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily Performed. Payment is to be on the basis of substantiated Costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may -- ~ude any orall of the following: (a) necessary action to terminate or suspend, as the case may be, ~tracts and such other action as may be required or desirable to keep to the minimum the costs up~ the financing is to be corn puted; (b) fumish a statement of the project activities and contracts, and otl cost of which are'otherwise includable as project costs. The termination or suspension shall be carrie with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and 525-010-40 CONS~TRUCTION OGC - 11/03 Page 6 of 12 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have adsing out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department, Failure to obtain such approval shall be sufficient cause for nonpayment bY the Department. The Department specifically reserves unto itself the dght to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, amhitecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agen¢~ will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. ............... ~.~. ........ ~ .v ~ ...... ~, ....... ~. ......................... financed in whole or .'n pa,t, with Department funds under this Agreement. The DBE require'ments of applicable federal and state regulations apply to this AQreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as ,.~, ..............and state regulations, have the opportunity to p=, ,,,.,~,,,,~ in '"~ pe,,ffo,~ance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to co mpete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHVVA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension., Ineligibility, and Voluntary Exclusion (Appiicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the Certification set out' below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a cedification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its cedification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," pdmary covered transaction;" "principal," "proposal,' and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assist ce copy of those'regulations. No.. ! [O.c~ ' / 525-O10-40 CONSTRUCT]ON OGC- 11/O3 Page 7 of 12 e Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Depadment, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency, by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Padies Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: _The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, ,posed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal partment or agency. the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: I2.01 Equal Employment Opportunity: in connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative, action to ensure that 'applicants are employed and that employees are treated .during employment without regard to their race, age, religion, 'color, gender; national o~igin, disability or marital status-. Such action shall include, but not be limited to, the'following: employment upgrading, demotion, or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms, of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in-all contracts modified only to show the particular contractual.' relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. ~,M~en the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with,third parties that ensure compliance with Title VI of the Civil ~"hts Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. ,-.d3 Americanswith Disabilities Act of 1990 (ADA): The Agencywill complywith all the requirem( !~' ' 525-O1 CONSTRUCTION OGC - 11/O3 Page 8 of 12 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or re pair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Flodda Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discdminato~j Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with 'any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the projec! in which any mo.,~,.r officer, ~,~ ~m~,, ..... .......... , ...... ~.,v..... of the Agency orthe locality dudng his tenure, or for two years thereafter, has any interest, direct or indirect. If any such present or former member, ofricer, or employeeinvoluntadly acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with pdor approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insed in each of it's subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality dudng his tenure, or for two years thereafter, The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, orto any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be adm~ed to any share or pad of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental ~' .... ,~,*; ,..-~ .......... The Agency will be solely responsible for compliance with all applicable ' environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for secudng any applicable permits. · 13.02 Department Not Obligated to Third Parties: The Depadment shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such'breach or default shall exist, shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has no! t3~iri 2nd agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its applicatior for t~l~ hereunder. No.,_ FEB .1 525-01 O-40 CONSTRUCTION OGC - 11/03 Page 9 of 12 --~3.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision ~reof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropdate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense adsing out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. Alter reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and tdal, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at tdal. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. · 08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the ,ate Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agenoy written approval with any approved portions of the project and comments or recommendation s covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the De partment's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for whicl~ no right of way is requi~'~d. 13.10 Agency Certification: The Agency will.certify in writing, .pdor to project closeout, that the project was corn pleted in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member .¢LCongress an officer or employee of Congress, or an employee of a member of Congress in connection with the lrding of any federal contract, the making of any federal grant, the making of any federal loan, the cuoperative agreement, and the extension, continuation, renewal, amendment or modification of any grant, loan, or cooperative agreement. 525--010-40 CONSTRUCTION 0GC - 11/03 Page 10 of 12 If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or' attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection With this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report LobbYing," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cOOPerative agreements) and that all subreCipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the LegiSlature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any projeCt not on the State :HighWay SyStem, conStructed Under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency O will (~) will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vend ors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial Services. Th e twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a propedy completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1 -800-848-3792. IN WITNESS VVHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF'TRANSPORTATION By: By: Title: BoCC Chairman or Designee . . Title: Director of Production Attest: Attest: ' Title: Clerk Title: Executive Secretary As to f~rn~ As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. FEB 10 FPN NO.412646-1 52'~10-40 CONS~R uc'rtON OGC- 11f03 Page 111 of 12 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreemen! between the State of Florida, Department of Transpodation and Collier County Dated PROJECT LOCATION: US 41 from Myrtle Road to Pine Ridge Road The project O is (~ is not on the National Highway System. T__he project (~) is O is not on the State Highway System. ,OJECT DESCRIPTION: Highway/roadway lighting along US 41. Forty foot spun aluminum poles will be installed with lighting. SPECIAL CONSIDERATION BY AGENCY: -Se.e Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year prog rammed (currently FY 03/04). FEI ;0 2004 Special Consideration by Agency: All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as amended. All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2004 edition as amended, and (2) The FDOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition as amended. For all projects the following will apply: a) Section'287.055, F.S. "Consultants Competitive Negotiation AcC b) FDOT "Project Development and Environmental Manual," where applicable c) The Local Agency Program Manual The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the project, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve the project for payment. 525010-40 A'TrACHMENT PAGE 1 The Department shall reimburse the Agency, subject to funds availability, in the year prog rammed (currently FY 03/04). AGEItlDA4TEM AGENCY NAME & BILLING ADDRESS ICollier County 2671 Airport Road Naples, Florida 34112 LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING 412646-1 525-010-40 CONSTRUCTION OGC - 11/03 Page 12 of 12 Name Highway Lighting PROJECT DESCRIPTION Termini On US 41 from Pine Ridge Road to Myrtle Road Length Approx. 1.6 miles FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK b7 Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS ' ' P.E. 2003-2004 $59,000.00 $59,000.00 2004-2005 2005-2006 Total PE $59,000.00 $0.00 $59,000.00 Right-of-Way 2003-2004 ~ 2004-2005 2005-2006 - Total Right-of-Way Cost $0.00 ' $0.00 $0.00' · I Construction 2003-2004 $172,000.00 $172,000.00 2004-2005 2OO5-2OO6 2006-2007- . - - Total Con'fact Costs $172,000.00 $0.00 $172,800.00" Construction Engineering and inspection 2003-2004 $28,020.00 $28,020.00 2004-2005 2005-2006 $0.00 $28,020'.00 $28,020;00 . Total Construction Engineering ~ Total Construction Cost ' $200,020.00 $0.00 $200,020.00 ESTIMATED TOTAL COST OF THE $259,020.00 SC).00 $259,020.00 PROJECT The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after July 1st each fiscal year. The Department will notify the Agency, in writing, when funds are ay?liable. *Currently funds are available for the Preliminary Engineering activities only. A Written Notice To Proceed will be issued to the Agency when additional funds become available for additional phases. The Agency must notify the Department upon project completion and prior to invoicing the Department for reimbursement. EXECUTIVE SUMMARY APPROVE A REQUEST FROM THE COLLIER COUNTY METROPOLITIAN PLANNING ORGANIZATION TO CONTRIBUTE $300 TO THE FLORIDA METROPOLITIAN PLANNING ORGANIZATION ADVISORY COUNCIL FOR LEGISLATIVE ADVOCACY ACTIVITIES. FISCAL IMPACT $300. OBJECTIVE: To obtain Board approval to contribute $300 from the Transportation Services Fund 101 to the Metropolitian Planning Organization Advisory Council. CONSIDERATIONS: The Florida Metropolitian Planning Organization Advisory Council (MPOAC) voted to request that each Metropolitian Planning Organization (MPO) in the the State of Florida contribute $500 or more of non-Federal funds to support the MPOAC's legislative advocacy activities. At their January 9, 2004 meeting the Collier County MPO voted unamiously to endorse the request from the MPOAC and authorize the MPO Chairman to send a letter to the three entities that make up the Collier County MPO. The MPO is requesting the following be contributed from each of the three entities in order to address the request: Collier County: $300.00 City of Naples: $100.00 City of Marco Island: $100.00 The Collier County MPO is unable to contribute the $500 or more to the MPOAC because all the monies used by the MPO are federal dollars and federal dollars are prohibited from being used for legislative advocacy activities. s~~ACT:' Funds in the amount of $300 will come from the Transportation ervices Fund 101. The City of Naples and the City of Marco Island will fund their portions. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commisioners contribute the $300 requested by the MPO Board to the MPOAC for legislative advocacy activities. ASEiqD^ 1TE-M. No. /e../3"'( FEB 10 pg. / SUBMITTED BY: REVIEWED BY: APPROVED BY: Dol~ald Scott, AICP, Director (~por~lanning~./7 Director ff/~g~'/}.. [,S0~----- Date: tNc fr~an l~ed~r, AICP, Administrator T~ msportation Division No. /6 FEB 10 200~ Pg._ ~ TRANSPORTATION PLANNING DEPARTMENT TRANSPORTATION SERVICES DIVISION COLLIER CouNTY GOVERNMENT 2675 SOUTH HORSESHOE DRIVE, SUITE 401 NAPLES, FL 34104 (239) 403-23 l0 FAX: (239) 213-5815 MEMORANDUM DATE: TO: FROM: SUBJECT: January 27, 2004 Jim Mudd, Collier County, County Manager Dr. Robert E. Lee, City of Naples, City Manager William Moss, City of Marco Island, City Manager Clark Russell, MPO Chairperson Funding MPQAC Legislative Advocacy Activities On October 16, 2003, the Florida Metropolitan Planning Organization Advisory Council (MPOAC) Governing Board voted to request that all MPOs in the State contribute $500 or more of non-Federal funds to support the MPOAC legislative advocacy activities. At their January 9, 2004 regular meeting, the Collier County MPO voted unanimously to endorse this request from the MPOAC. In order to address the request from the MPOAC, the MPO Board is asking for the following to be provided: Collier County: City of Naples: City of Marco Island: $300.00 $1oo.oo $100.00 The Collier County MPO is unable to contribute the requested funds to the MPOAC because all monies used by the MPO are federal funds and pursuant to state and federal legislations these funds may not be used to fund legislative advocacy activities. Enclosed i have provided a copy of the request from Mayor Richard J. Kaplan, MPOAC Chairman to all Florida MPOs. I appreciate your consideration of this important request. Should you have any questions, please contact the MPO office at (239) 774-8192. MPO Chairperson C: MPO Board CR/efw Enclosures FEB 1.) 200 The Florida Metropolitan Planning Organiza ~t~n Advisory Council Mayor/~c6ard ~. Ka~an MEMORANDUM DATE: TO:. FROM: COPY: SUBJP_CT: Mayor Ri~bsrd L Kaplan, MPOAC Chnirmnn Staff Director's Funding MPOAC Legislative Advo(moy Activities or more of mn-Federal funds to support MPOAC legislntive nd~cncy act/v/ties. Our goal is to ~aHy collect nppmximatdy $7,500 in local funds, which will be used by our staff to Imdget ~ tim~ toward ndvoc~ act~dfie~ In keeping with the will of the MPOAC Gove~in~ Board, I am a~king that you consider taking action on this request. otlm-wise making this 'request As I am sm~ you ag ag fig MPOAC is a siatewkte orgnnizat~n created by the Florida Legislature to assist Floddn's YPOs in caro'ing out the udxmized nrea discussion. In furtt~'an~ of that objective, the MPOAC anmutlly prepa~ legislative session. The MPOAC also monitors Federal ~ State legislation as it outlined and deemed in ~ 'of Manngeme~t and Budget (OMB) Ciro,bn' A-122, Attachme~ B, Imragraph 2S. 605 Suwnnnee Street, MS 28B- Tallahass~ Florida 323990450 1-866-374--336~ X 4037 Or 850-41~. ~.037 - Fnx 8_50-41~. ~.g95 AC~NDA FEB 1 200 Governing Board Members November 5, 2003 Page -2- In a memo~ providing guidanco on the use of Fedo'al metropolitan planning funds for mem~ dues in professional associations or othe~ org~i~;ons dated October 2002, the United States DeparUnent of Tmns3x~n (USDOT) stated that, "in all cases the portion oftbe. 0rganiT~tinn's dues that is to be used for lobbying is unallowable ~nd c~nnnt be billed to Federal funds as either an indirect or direct cosL' Put simply, the MPOAC must find local sources of funding for a limited number of MPOAC legislative advocacy activities that directly support and protect the interests of .Florida's MPOs in Federal and State legislatio~L In seeking your comxibu~n, tho Gov~rning Board' recogniz~ that some MPOs in the stage have limited ac. ce~ to non-Federal fonds and requested that those MPOs seek local funding f~om meml~ jurisdictions f~r thi~ purpose. The Governing Board further recognized that smaller MPOs may not be in a financial position to contribute $500 and cxample may .wish to divide thc contribution between their various members. I appreciate your consideration of this request to sustain thc legislative ~es of thc MPOAC through a conm'bution °fnon-Fedcral funds. Thank you for you~ continuing support. If you have any questions or c0aiuieuts, please COllta~ How~nd (~l:as~an~ MPOAC Executive Director, at (850) 41~. 4062. EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY, FLORIDA FOR PROVISION BY THE CITY FOR WASTEWATER COLLECTION AND TREATMENT SERVICES TO THE CALUSA ISLAND VILLAGE DEVELOPMENT. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water and Sewer District, approve the Interlocal Agreement between the City of Marco Island and Collier County, Florida, for provision by the City for wastewater collection and treatment services to the Calusa Island Village development in the Village.of Goodland. CONSIDERATIONS: The Collier County Water-Sewer District does not currently provide wastewater service to the Goodland area and has no plans to develop such infrastructure. Calusa Island Village, L.C. is a new development currently under construction in the Village of Goodland. The City of Marco Island has purchased water and wastewater facilities fi-om Florida Water Services that service the City of Marco Island and some surrounding areas. As such, the City of Marco Island has the capability to service Calusa Island Village. On June 25, 1996, the County entered into an "Interim Wastewater Service Agreement" that was approved by the Board of County Commissioners (Item 16B1) with a private Developer (Maureen Moran, Inc.) and Southern States Utilities (SSU), now known as Florida Water Services, for interim wastewater service. The Developer constructed a sewer force main fi.om Steven's Landings to the future Parks and Recreation's marina. In accordance with the Agreement, the Developer retained ownership of the force main in order to recoup some of the monies spent on the over-sizing of the line. The rate of development dictated what money would be recouped, if any. Construction of this force main included over-sizing the lines for potential future customers; capacity is 74,700 gallons per day; approximate use was estimated at 46,000 gallons per day. The Developer paid an impact fee of $33,787.17 to SSU. On April 14, 1998, the County entered into a "Facilities Agreement" with Maureen Moran, Inc. and Johnson Enterprises, Ltd. that was approved by the Board of County Commissioners (Item 16B4). This Agreement finalized the terms of the Interim Wastewater Service Agreement of 1996. The Developer had seven years to recoup the costs of the wastewater line through new connections paying for their respective hydraulic share based on anticipated flows. In accordance with the Facilities Agreement, the Developer would maintain and operate the sewer facilities until April 14, 2005, when the Developer was required, per agreement, to convey the facilities to the County at no cost to the County. .o._/,,,¢! FEB ! 0 200/ These privately owned sewer main and facilities were included in the assets that were turned over to the City of Marco Island, from Collier County, Florida on September 26, 2000. This transaction was approved by the Board of County Commissioners (September 26, 2000, Item 8C2). This wastewater line runs into additional lines that are connected to the Marco Island Utilities, which were recently purchased from Florida Water Services. Property description, see Exhibit A, is as follows: Lots 33, 34, and 35, Block E, Goodland Isles first addition. According to the plat thereof as recorded in Plat Book 8, at Pages 1 and 2 of the Public Records of Collier County Florida. And the west 129.50 feet of undivided Block X, Goodland Isles, according to the plat thereof as recorded in Plat Book 6, at Page 7 of the Public Records of Collier County, Florida. This property is subject to easements, reservations or restrictions of record. Bearings refer to the west line of undivided Block X, Goodland Isles, according to the plat thereof as recorded in Plat Book 6, at Page 7 of the Public Records of Collier County, Florida as being S.05°22'03"E. Collier County has been informed that the owner of the Goodland Isles wastewaier treatment plant has requested that the Collier County Water and Wastewater Utility Authority remove Calusa Island Village, L.C., from the Goodland Isle certificated area. It has been confirmed that the Authority has heard and did approve this request at their meeting in October 2003. When the Collier County Water-Sewer District transferred all wastewater facilities and assets to the City of Marco Island, copies of active agreements entered into between County and Florida Water Services Corp. (FWSC) were provided to the City of Marco Island. Agreements state that for purposes of the agreements, the term "the County" shall include its successors and/or assigns. It is Collier County's understanding that the wastewater line that was built to serve Goodland is now a matter between the City of Marco Island and the Developer. The Developer, Reed Development Company, owner and developer of Calusa Island Village, L.C., has reviewed and approved the Interlocal Agreement between Collier County, Florida and the City of Marco Island. See Exhibit "B", attached. Collier County and the Collier County Water-Sewer District have no objection to the City of Marco Island providing wastewater service, as the County has no interest in providing wastewater services for the Calusa Island Village, L.C., or any other development on Goodland. The Interlocal Agreement authorizes the service by the City, its successors and assigns pursuant to Chapter 2003-353, Laws of Florida, including Section 5, Paragraph 8. The Marco Island City Council approved this Interlocal Agreement at their regular meeting on February 2, 2004. FISCAL IMPACT: The estimated fee for recording the Interlocal Agreement is $50. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Interlocal Agreement. RECOMMENDATION: That the Board of County Commissioners approve, and authorize, the Chairman to sign the Interlocal Agreement between the City of Marco Island and Collier County, Florida, for the City of Marco Island to provide wastewater collection and treatment services to the Calusa Island Village development. The agreement requires the City of Marco Island record this Interlocal Agreement in the Public Records of Collier County. PREPARED BY: REVIEWED BY: REVIEWED BY: ~'Barbara A. Olko, Administrative Assistant ~nn Marie Sa~lo-r~perations Analyst Public Utilities ~~ Date: ~ 7//~6L Th~f'n~s G. Wides, Operations Director REVIEWED BY: Pu/~~~~lia'es _ Date: /'7~7'~F D. E. "Bleu" Wallace, Operations Director __ Co0~punity Deyels~t and Environmental Services Public Utilities Di*vision AGENOA FEB 1 0 200 EXHIBIT A AG~I~)A ZT£H. · I ~.-~q_- FEB 1 0 2oo~, EXHIBIT REED DEVELOPMENT COMPANY January 21, 2004 Mr. Tom Wides Collier County Utilities Finance Operations Dept. 3301 E. Tamiami Trail, Building H Naples, FL 34112 Re: Collier County/Marco Island Interlocal Agreement, Sewer Service to Calusa Island Village, Goodland Dear Mr. Wides: Pursuant to your request, this letter is to verify that I am the owner and developer of the above referenced property which is the subject of an interlocal agreement with the City of Marco Island to be considered by the Board of County Commissioners. The property is located in unincorporated Collier County in Goodland but abuts the City of Marco Island city limits. The attached sketch and legal description depict the property and its location. The project consists of approximately 6.5 acres and is zoned for 47 residential units plus commercial. (Note that we are requesting a zoning amendment to allow for 52 units with a deletion of most of the commercial area.) The City of Marco Island has agreed to provide sewer service to our property and Collier County staff has expressed no objection, subject to Board of County Commissioners approval of this interlocal agreement. Although I am not a partner to this interlocal agreement, I reviewed and approve of the document. Sewer service is available to the project boundary from previously constructed sewage transmission and pumping facilities which extend from Goodland 'to the Marco Island sewage collection system. We will be constructing our own onsite gravity collection and pumping system at our cost to connect to these existing facilities. We will execute whatever sewer service agreement is required by the City of Marco Island and pay all appropriate fees to them for connection. I trust this letter provides the necessary backup information to accompany the inteflocal agreement. you have any questions or require additional infOrmation, please don't hesitate to give me a call. Reed Development Company If Cc: Leo Salvatori George Hermanson 5130 MAIN S11'~ET. SUITE #6 NEW PORI RICHEY. FLORIDA 34652 (727) 842-29'g0 FAX (727) 848-0830 42 WATER OAKS WAY NAPII:S, FLORIDA 34105 (239) 213-1785 FAX (239) 213-1786 35 ~ IRAIL CULLOWHEE, NORIH C~UNA 28723 (828) 743-3935 FAX (828) 793-3724 W:L2002L2002029\GHH\TW040120.doc. - FEB 1 0 200, AG~.NOA IT£N FEB ! 0 200~ PROPERTY DESCRIPTION: LOTS 33, 34, AND 35, BLOCK E, GOODLAND ISLES FIRST ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK, 8, AT PAGES 1 AND 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE WEST 129.50 FEET OF UNDIVIDED BLOCK X, GOODLAND ISLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK, 6, AT PAGE 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NOTES: THIS PROPERTY IS SUBJECT Tb EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF UNDIVIDED BLOCK X, GOODLAND ISLES, ACCORDING TO THE,PLAT THEREOF AS RECORDED IN PLAT BOOK, 6, AT PAGE 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S.05°22'03"E. FEB 1 0 200 . INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY, FLORIDA, FOR PROVISION BY THE CITY OF WASTEWATER COLLECTION AND TREATMENT SERVICES TO THE CALUSA ISLAND VILLAGE DEVELOPMENT AND OTHER PARTS OF THE GOODLAND AREA AS DESCRIBED HEREIN. THIS INTERLOCAL AGREEMENT ("Agreement") is made this __ day of Feb~ary 2004 by and between the City of Marco Island, Florida, a Florida municipal corporation (hereinafter referred to as "CITY") and the Board of County Commissioners, the governing body of Collier County, a political subdivision of the State of Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred collectively as the "COUNTY"). RECITALS WHEREAS, the City of Marco Island ("City"), a Flodda municipal corporation, owns and operates a wastewater collection and treatment system; and WHEREAS, City Ordinance No. 2003-13 provides for an Urban Service Area to include the area lying within the City, and to geographic areas in adjacent unincorporated Collier County subject to execution of Intedocal Agreement(s) between the City and the County whereby the County authorizes the City to provide water and/or wastewater service to the respective unincorporated area; and WHEREAS, the County approved a Site Development Plan submitted by Calusa Island Village, LC, a Florida Limited Liability Company (the Developer"), for the construction of the Calusa Island Village in the Goodland area, in unincorporated Collier County; and WHEREAS, Calusa Island Village, LC, desires to construct a wastewater collection system to serve 52 + residential units and other dwellings; and WHEREAS, the County does not provide wastewater collection and treatment services to the Goodland area; and WHEREAS, by this Agreement the City agrees to extend its Urban Service Area to provide wastewater collection and treatment services to the Calusa Island Village development and the other geographic area described in paragraph 2 of this Agreement. NOW, THEREFORE, the City and the County agree as follows: TERMS OF AGREEMENT 1. Recitals: The above recitals are true and correct and incorporated hereir~ development in 1/27/2004 Extension of City's Urban Service Area: The City and the County hereby agree that the City shall extend its Urban Service Area to include the Calusa Island Village Goodland and to provide wastewater collection and treatment I CityAJfilities/CalusaVilla ~l~,.~,~,-.,,-~ ~0. /~, . FEB 1_0 200 services. The area covered by this Agreement is depicted in Exhibit A, attached hereto and made a part hereof, and is described as follows: Lots 33, 34, and 35, Block E, Goodland Isles. According to the plat thereof as recorded in Plat Book 8, at Pages 1 and 2 of the Public Records of Collier County Florida and the west 129.50 feet of undivided Block X, Goodland Isles, according to the plat thereof as recorded in Plat Book 6, at Page 7 of the Public Records of Collier County, Florida. This property is subject to easements, reservations or restrictions of record. Bearings refer to the west line of undivided Block X, Goodland Isles, according to the plat thereof as recorded in Plat Book 6, at Page 7 of the Public Records of Collier County, Florida as being S.05°22°03°E. Facilities: Nothing in this Agreement shall affect the City's authority to require the Developer or other customers within the Service area to dedicate collection and force main systems to the City. Collection of Rates, Fees and Charges. The City's authority to collect rates, fees and charges in accordance with its tariffs and 'ordinances shall not be affected by this Agreement. o The County/District hereby agrees that the Distdct shall not provide wastewater collection and treatment services to any part of the geographic area described in paragraph 2, above, without the prior express written approval from the City or the City's successors or assigns of this Agreement in the event this Agreement is sold, transferred or assigned by the City. 6. Miscellaneous Provisions: Notice: Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be given: to the City, Attention City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, Florida 34145. Notice to the County, Attention County Manager, Collier County Government Complex, 3301 East Tamiami Trail, Naples, Florida 34112. This wdting embodies the entire Agreement and understandings between the parties and there are no other agreements or understandings oral or written with reference to the subject matter herein. No alteration, change, or modification to the terms of this Agreement shall have any force or effect unless made in wdting and signed by the parties hereto. This Agreement shall be govemed and construed according to the laws of the State of Florida. This Agreement may be executed in each of several copies, each of which may be considered an original. 1/27/2004 The City may sell, transfer, or assign this Agreement or any part hereof. This Agreement shall be recorded by the City in the Public Records of Collier County. The County shall file a fully executed copy of this Agreement with the Collier County Clerk of the Circuit Court pursuant to Section 163.01(11), Florida Statutes. I A T£H 2 CiyUtJlities/CalusaVill o~l~.er~?~a~0~ ~ f I FEB ! 0 IN WITNESS WHEREOF, the parties hereto have caused this Interiocal Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original. DATED: ATTEST: Dwight E. Brock, Clerk \ By: Deputy Clerk Approved as to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, on behalf of Collier County and the Collier County Water-Sewer District.. By: Donna Fiala, Chairman ATTEST: BY: Laura Litzan, City Clerk CITY OF MARCO ISLAND, FLORIDA BY: Michael F. Minozzi, Jr., Chairman Approved as to form and legal sufficiency: By: Richard D. Yovanovich, City Attorney 1/26/2004 FEB ! 0 2.00 EXHIBIT A I! FEB 1 0 EXECUTIVE SUMMARY RECOMMENDATION TO INCREASE CONTRACT #02-3319 FOR SCWRF BERM MAINTENANCE TO J. P.'s LAWN CARE, INC. TO THE APPROXIMATE ANNUAL AMOUNT OF $50,160 OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Collier County Water/Sewer District, award an annual contract for South County Water Reclamation Facility (SCWRF) Berm Maintenance. CONSIDERATION: t. The SCWRF advertised this bid on December 5, 2001. Thirty-three notices were sent out and three bids were received. These three bids were by reputable firms whose quality of work had been previously monitored and known to meet quality standards. The Iow bid of $1,980.00 monthly or $23,760.00 annually was submitted by J. P.'s Lawn Care, Inc. Since the annual amount was below the $25,000 threshold for competition, the award was not required to be submitted to the Board of County Commissioners and was instead authorized by the Purchasing Department. 2. In October, 2003, the position that performed grounds maintenance for the SCWRF was eliminated. The bid document provides a formula to add or delete maintenance services under this contract. This formula, using the original December 2001 pricing, is based on the unit cost/sq, ft of expanded work area. The additional grounds maintenance requires an additional $2,200 per month, for a combined total of $4,180 per month, or $50,160 annually. This expanded area, a Water Reclamation Facility, has numerous structures that involve more labor intensive work. The Water Reclamation Facility is presently under major construction and the present firm has had one year of experience in dealing with changing and problematic conditions. The contractor does not anticipate any economy of scale. Quality of work has met the expectations of the neighbors along the berm area and response time has been superior. The annual amount now exceeds the $25,000 competitive threshold and the contract increase requires the approval of the Board. Inherent in the original 2001 pricing are lower costs for manpower, fuel and chemicals that offer cost advantages to Collier County when compared to present day pricing. This recommendation follows the function and form of the original contract. FEB ! 0 200~ Staff recommends award of Bid 02-3319, SCWRF Berm Maintenance, to J. P.'s Lawn Care, Inc. This bid will expire on March 5, 2005 and must be put to bid again prior to that date. FISCAL IMPACT: Funds are available from County Water/Sewer Operating Fund (408) in the FY04 SCWRF operating budget. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the Collier County's long-term growth plans. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio of the Governing Board of the Collier County Water-Sewer District, approve an increase to contract #02-3319 with J.P.'s Lawn Care, Inc. FEB ! 0 200 SUBMITTED BY: REVIEWED BY: Pratt, SCWRF Plant Superintendent ~atham, Wastewater Director Date: Steph~n Y. C~t'rnell, Purchasi~rector ~ Date: ,-,,~(--~ ~./~ APPROVED BY.'~~.,,._.. ~.,~, P.E., Publicyies Administrat"~ ' s W. DeLony, FEB ! 0 200~ EXECUTIVE SUMMARY APPROVE RIGHT-OF-WAY CONSENT AGREEMENT AND ASSOCIATED MEMORANDUM WITH FLORIDA POWER & LIGHT COMPANY PERMITTING THE CONSTRUCTION OF RAW WATER TRANSMISSION MAINS AND ASSOCIATED ELECTRICAL LINES WITHIN FLORIDA POWER & LIGHT COMPANY POWER-LINE RIGHT-OF-WAY BETWEEN THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) AND RATTLESNAKE HAMMOCK ROAD (SCRWTP WELLFIELD EXPANSION, PROJECT NUMBER 70892). TRANSACTION COST SHOULD NOT EXCEED $50.00. OBJECTIVE: That the Board of County Commissioners approve and authorize its Chairman to execute the attached Right-of-Way Consent Agreement and associated Memorandum with Florida Power & Light Company (FPL) which permits the construction of raw water transmiss, ion mains, electrical, instrumentation, and control lines within the limits of FPL's power-line right-of-way between the South County Regional Water Treatment Plant (SCRWTP) and Rattlesnake Hammock Road. CONSIDERATION: On February 25, 2003, the Board adopted the 2002 Water Master Plan Update to establish priorities for the design, acquisition, and construction of the various capital improvement projects. The Project has been identified as one of the capital improvement projects required under the 2002 Water Master Plan Update. The Project involves the construction of raw water mains, production wells with associated electrical, instrumentation, and control systems that will provide raw water to be treated by the SCRWTP Reverse Osmosis Facility. The proposed expansion of the wellfield system will provide an additional million gallons per day (MGD) of feedwater to yield an additional 12-MGD of treated water. The Project will provide the raw water required to expand the treatment and production capacity of the SCRWTP Reverse Osmosis Facility from 8-MGD to 20-MGD. FPL has consented to allow construction of the raw water transmission mains, electrical, instrumentation, and control lines within the existing FPL right-of-way. The raw water transmission mains and electrical, instrumentation, and control lines will be installed within 15-foot-wide easement areas along the west side and various crossing points of the existing FPL right-of-way. The production wells will be installed outside of the FPL right-of-way. FISCAL IMPACT: The cost associated with this action is estimated to be in the amount of $50.00 for recording the documents. Sufficient funds for this purpose are available in the current budget under the Water Impact Fee Fund (411), SCRWTP Wellfield Expansion Project (708921). GROWTH MANAGEMENT IMPACT: The Project is recommended in the 2002 Water Master Plan adopted by the Board on February 25, 2003, Agenda Item 10 (A). AG~INDA IT£#~ FEB ! O 200 t / EXECUTIVE SUMMARY Agreement with FPL Page 2 RECOMMENDATION: That the Board of County Commissioners: Approve and authorize the Chairman to execute the attached Memorandum of Right- of-Way Consent Agreement and the Right-of-Way Consent Agreement for construction of raw water transmission mains, electrical, instrumentation, and control lines within FPL's right-of-way between the SCRWTP and Rattlesnake Hammock Road; and 2. Authorize staff to record the Memorandum of Right-of-Way Consent Agreement in the Public Records of Collier County, Florida. PREPARED BY: C'~ndy M. l~rb, Sr. P~'operty Acquisition Specialist / '/ Real Estate Services - Facilities Management Department ToniC. Mo~t, S~u~ervis~ v .~ Real Estate Services - Facilities Management Department REVIEWED BY: Charles E. Carrington, J[]~ SR/WA','~anager Real Estate Services - Facilities Management Department REVIEWED BY: S~ip~C;am~, ~'FM, I~irect~r Facilities Management Department DATE: REVIEWED BY: //~m~S --- DATE: ~ohan V. Tha enior Project Manager Public Utilities Engineering Department FEB ! 0 200t · EXECUTIVE SUMMARY Agreement with FPL Page 3 REVIEWED BY: ~7~~ l~Yb~ic' uAt inlidt~;:°En~ gPi'nE~ 'e r~~ n t APPROVEDBY:~ ~~~~ ._ ~e~ W. DeLony, P.E., Admi~dstrator ~ ~Pu~ Utilities Division ~ DATE:~'7~ ~dg/~''/ MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this __ day of ,2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "County") and FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company"); WHEREAS, on the __ day of ., 2004, Company and County entered into a written Right-of-Way Consent Agreement, hereinafter referred to as the "Agreement" related to certain property situated in the County of Collier, State of Florida as more particularly set forth in said Agreement and described in Exhibit "A" attached hereto and made a pad hereof and hereinafter referred to as the "Lands", and WHEREAS, the parties are desirous of making their interest therein a matter of public record. NOW THEREFORE, in consideration of mutual covenants herein contained and the parties intending to be legally bound thereby, the parties hereto agree as follows: 1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company recorded in Official Records Book 663, Page 594, Official Records Book 664, Page 1488, Official Records Book 664, Page 1490, Official Records Book 664, Page 1492, Official Records Book 666,-Page 521, Official Records Book 666, Page 523, Official Records Book 666,.Page 529, Official Records Book 666, Page 535, Official Records Book 667, Page 317, Official Records Book 667, Page 322, Official Records Book 668, Page 1749, Official Records Book 668, Page 1751, Official Records Book 671, Page '3-4, Official Records Book 673, Page 1843, Official Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official Records Book 681, Page 1214, Official Records Book 692, Page 761, Official Records Book 692, Page 766, Official Records Book 788, Page 1068-1071, Official Records Book 824, Page 214, Official Records Book 850, Page 974, Official Records Book 850, Page 976, Official Records Book 862, Page 676, Official Records Book 870, Page 343, Official Records Book 1129, Page 20, and Official Records Book 1577, Page 2290, all of the Public Records of Collier County, Florida. 2. The Agreement provides, among other things, County's right to construct certain improvements upon the Lands including, but not limited to, access, a raw water transmission system, a force main system, electrical, instrumentation, and control lines as depicted on Exhibit "A" attached hereto. 3. The Agreement is assignable to purchasers of all or a portion of the Lands provided that the purchasers assume the obligations under the Agreement and specifically acknowledge and agree that the use of the property and improvements to be placed on the property are strictly limited to those depicted on that certain plan of improvement attached to the Agreement and are otherwise subject to the terms of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement on this hereinabove written date. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk By: DONNA FIALA, Chairman AENOA IT[el ~ FEB 1 0 2004 4. Memorandum of Right-of-Way Consent Agreement Page 2 Printed/Typed Name Signature Printed/Typed Name FLORIDA POWER & LIGHT COMPANY Its: Sr. Corporate Rea'--J,~'~ta~e Representative Print Name: Mark L. Byers STATE OF FLORIDA COUNTY OF SARASOTA ..~ The foregoing instrument was acknowledged before me this ,,~;.d~ day of ,~%,"~.~,.u_c~.. , 2004 by Mark L. Byers, as Sr. Corporate-R-e-~al Estate tRepresentatig~, of FLORIDA POWER & LIGHT COMPANY_~a Flodda corporation, on behalf of the corporation. He is ~----?rs. onal!y, k.n._own, to _~.e'e~or who has produced [type of identification] as identification. ' WITNESS my hand and official seal this (.o day of X~.J.,~-~2004. (affix notarial seal) ~,~-~"d~ %. '-~ o~ ~.~',-~"~ (Signature of N~ary Public) (Pdnt Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: ~'~ ~:],'~-, BEVERLY B. SCHUFIR ~ M¥COMMISSION # DO 115417 EXPIRES: June 24, 2006 Approved as to form and legal sufficiency: Ellen T. Ohadw~li- Assistant Oounty At~amey AG~NOA ~[TfM ~ FEB 1 0 2004 FIGURE 1 EXHIBIT ~'" Page / of ~'- 3(;:)0, 9 ~9°Fr MATCH LINE (SEE FIGURE 2) GREELEY AND HANSEN LOC. AT~O" ENV~-O~ COLLIER COUNTY GOVERNMENT PUBLIC UTIUTIES ENGINEERING DEPARTMEN1 PROPOSED SCRWI'P WELL FIELD AGEm)A FEB 1 0 200~, ~. /., EXHIBIT '~" Page --~ of, ~- J RGURE MATCH UNE (SEE FIGURE '1) :390 g 390F'r MATCH UNE (SEE FIGURE 3) COLLIER COUNTY GOVERNMENT PUBUC UTILITIES ENGINEERING DEPARTMENT GREELEY AND HANSEN ~.c PROPOSED SCRWTP WELL FIELD AGEI~I)A ITl# .") FEB I 0 200/~ MATCH LINE [SEE FIGURE 2) FIGURE WEU. SIIE No.10 DGSTING 170' F'Pt. EASDIE]~ MB..L -,,..~ PROPOSEi) 12' -~ R~W W,A'IE~ ~%~'ROPOSED 16' P,,/~WA'IER 3QO, Q 3qOFT ..--I~LL ~TE 14o. 19 MATCH UNE (SEE FIGURE 4) COLUER COUNTY GOVERNMENT PUBUC UTIUTIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD AG~NOA T TF.J~ FEB 1 0 200~ GREELEY AND HANSEN MATCH UNE .J LEGEND · SINGLE I~OWER POLE · - I~)OUBLE POWER POLE RGURE 4 A I?o' (~YP) I SINGLE POLl EAST BOUNDARY OF ~ FPL EASEMENT7 7' -i (: _ ) O' DOUBLE POLE DETAIL COPIED F~O~ FPL ~-BUILT D~WING DASD 2-2~-8~ ER No. 7159 PROVIDED BY: FPL NOTES: 1. POWER POLES LOCATED FROM AERIAL PHOTOGRAPH 2. THIS MAP WAS PREPARED TO SHOW PROPOSED RAW WATER TRANSMISSION MAIN IN RELATIONSHIP TO THE FLORIDA POWER AND LIGHT EASEMENT AND IS NOT FOR CONSTRUCTION OR PROPER'[Y RECORDING PURPOSES. 5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. PROPOSED WEltS WILL BE LOC. A'[ED IN F_~L~FblENTS OUTSIDE OF THE FPL EASEMENT AND SHALL BE A MINIMUM OF 100 FEET FROM FPL POLES. (~FIBEI..EY AND HANBEN ~.~.c COLLIER COUNTY GOVERNMENT PUBLIC UTIUTIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD AGENOA IT~H FEB ! 0 200,~ EXHIBIT FIGURE 5 ~ 15' UTILITY ~: EASFMENT ~--PR~ 16"-30" RAW WATER MAIN ~'.,~IPROPOSED ELECTRICAL, INSTRUMENTATION 11,5' EXISTING POWER POLE GUY WlR~ 40' .I SECTION A-A (TYPICAL SECTION FOR RAW WATER MAIN) NOT TO SCALE GREELEY AND HANSEN COLLIER COUNTY GOVERNMENT PUBUC UTIUTIES ENGINEERING DEPARTMEN1 PROPOSED SCRWTP WELL FIELD FEB 1 0 RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing . address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to the Collier County Board of County Commissioners, whose mailing address is 3301 Tamiami Trail East, Naples, FL, 34112, hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in Official Records Book 663, Page 594, Official Records Book 664, Page 1488, Official Records Book 664, Page 1490, Official Records Book 664, Page 1492, Official Records Book 666, Page 521, Official Records Book 666, Page 523, Official Records Book 666, Page 529, Official Records Book 666, Page 535, Official Records Book 667, Page 317, Official Records Book 667, Page 322, Official Records Book 668, Page 1749, Official Records Book 668, Page 1751, Official Records Book 671, Page 3-4, Official Records Book 673, Page 1843, Official Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official Records Book 681, Page 1214, Official Records Book 692, Page 761, Official Records Book 692, Page 766, Official Records Book 788, Page 1068-1071, Official Records Book 824, Page 214, Official Records Book 850, Page 974, Official Records Book 850, Page 976, Official Records Book 862, Page 676, Official Records Book 870, Page 343, Official Records Book 1129, Page 20, and Official Records Book 1577, Page 2290, all of Public Records of Collier County, Florida. The said area within Company's right-of-way is hereinafter referred to as the "Lands". The use of the Lands by Licensee, shall be solely for the purpose of construction, operation and maintenance of a raw water transmission system, a force main system, electrical, instrumentation, and control lines, including access to the property for such purposes, as shown on the plans and specifications submitted by Lice_nsee, attached hereto as Exhibit "A", In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the dght to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from propedy and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration; or removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. Form 3740 Rev. 10/9/95 FEB ! 0 2004 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the dght to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants'to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback, twenty (20) feet on each side, from Company's facilities. 5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee a~re not to exceed a height of fourteen ~(14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems, installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and spdnlder heads are to be set so the spray height does .not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to wam its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not ~imited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change anY of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Each party hereto agrees that it shall be respOnsible for its own negligent acts or omissions. Nothing contained in the Section shall be construed to be a waiver of Page 2 of 4 Form 3740 Rev. 10/9/95 "" F£B 1,0 2004 any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this Agreement. 13. The Board of County Commissioners is self insured for all liability claims and related expenses pursuant to the provisions of Flodda Statute 768.28. 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety (90) days wdtten notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit "A" shall be under construction by Licensee within three (3) years of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days pdor written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchaSing construction materials, placing such construction materials on the site, cleadng or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a pedod of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the three (3) year time pedod will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein dnleSs Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in wdting by Licensee no later tha~ thirty (30) days pdor to the expiration of the three (3) year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and pdmary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this Agreement be determined by a coud of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18. Licensee may assign its dghts and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. The parties have executed this Agreement this day of ___, 2004. - -- Witnesses: Signature: Pdnt Name: Signature: FLORIDA POWER & LIGHT COMPANY Its: Sr. Corporate Real Est/a~'e~eprese~ative Pdnt Name: Mark L Byers Page 3 of 4 Foz-m 3740 Rev. 10/9/95 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Page 4 of Form3740 Rev. 10/9/95 leG. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING $1520 IN REVENUE FROM PRIVATE CONTRIBUTIONS, AND APPROPRIATING FUNDS FOR THE PURCHASE OF SAILBOATS FOR THE COLLIER COUNTY SAILING CENTER Obiective: To expand the learn-to-sail program at Sugden Regional Park to accommodate teen and adult participants. Considerations: The Learn-to-Sail Program at Sugden Regional Park for youth and adults with special needs has been resoundingly successful. Since the program's inception the Parks and Recreation Department has had numerous requests for a teen and adult learn-to-sail component. Parks and Recreation has secured $1520 in private donations to assist with the purchase of three Vanguard 420s, sailboats designed for teen and 'adult sailors. Fiscal Impact: Staff has prepared a budget amendment recognizing $1520 in revenue from private contributions and appropriating funds to purchase boats under the Recreation Programs budget. Growth Management Impact: No Growth Management Impact is associated with this action. Approved by: Recommendation: That the Board of County Commissioners approves the above- referenced budget amendment. Submitted by: ate: ~~a~ ~ownseffd, Operations ~jgordinator Parks and Recre~epartment Reviewed by: ~~t~: r~_~_~.~.,x Date: /7 .~-~7/ i('t~arla 6.'l}amsey:Direc~d') Parc and Recreation De~___.ma, fit JohfDunnuck, Administrator Division of Public Services Agenda FEB 1 0 EXECUTIVE SUMMARY AMEND COUNTY PURCHASING POLICY TO ESTABLISH A COMPREHENSIVE VENDOR DEBARMENT AND SUSPENSION POLICY. OBJECTIVE: To better protect the interests of Collier County and the integrity of the County's contracting process. CONSIDERATIONS: Under the current purchasing policy, the Purchasing/General Services Director is delegated authority to debar vendors who default on their quotations to the County. However, the existing policy does not set forth any due process requirements concerning such actions and provides little direction regarding the establishment and duration of the debarment period. Pursuant to efforts to continuously improve and enhance the County's contracting process, staff has drafted a more comprehensive debarment and suspension policy, which is part of the enclosed resolution. The proposed policy formally defines and distinguishes the suspension and debarment actions and the processes for imposing either or both. Under the debarment process, the vendor (or "contractor") is afforded the opportunity to contest any allegations offered as the basis for the debarment action before a committee appointed by the County Manager. The decision of the committee may be appealed to the County Manager prior to becoming effective. The policy also provides authority under which the committee may subsequently reduce the debarment period, where circumstances warrant. The proposed policy was drafted and based, in part, on the practices of other Florida counties. The policy has been reviewed and commented upon by various representatives from the County Manager's Agency, the County Attorney's Office and the Clerk of Courts Agency. FISCAL IMPACT: There is no direct fiscal impact associated with the implementation of this policy. GROVVTH MANAGEMENT IMPACT: There is no growth management impact directly associated with the implementation of this policy. RECOMMENDATION: That the Board of County Commissioners adopt the enclosed resolution amending the County purchasing policy to establish a more comprehensive vendor debarment and suspension policy and the Chairman be authorized to sign the resolution on behalf of the Board. SUBMITTED BY: /..~ ~.,~t~ Date: Steve Carnell, Purchasing/General Services Director Lan Golden Price, Administrative Services Administrator .°.JOT 200/, Section II.A. 12 is hereby amended to read as follows: !2. prev~de cemmed~t~es and sep~ces required under c~tra~. Fu~her, te determine three years ' '-'~* *~;-~ ~ .,~,.. by 12. Suspension and Debarment of Vendors: To oversee and facilitate the suspension and/or debarment of vendors as set forth under Section XXIX of this policy. Section XXIX is hereby added to the policy and shall read as follows: XXIX. DEBARMENT AND SUSPENSION The Board shall grant authority to County staff to suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this policy. A. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. 2. Civi/Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or bo Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. Co For the purposes of this section, the terms "vendor" and "consultant" shall have the same meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term "subcontractor". Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no lo contendere. Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. Subcontractor:. Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. o Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director") to temporarily disqualify a contractor from County contracting or County-approved subcontracting. Suspension: The Purchasing/General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there is appears to be a reasonable basis for debarment as set forth under section XXIX.. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing/General Services Director shall be considered final and conclusive with no right of appeal. C. Debarment: 1. Causes for Debarment: The prospective causes for debarment include one or more of the following: ao Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. bo Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. -2- AGENDA ITEM No. I1~ ~.\ _ FEB 1 200q pg. ~') do Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the contract(s). e. Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. Refusal to accept a purchase order, agreement or contract, or to perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. i. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. 2. Debarment Procedure: The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. The PGS Director shall review the complaint, verify whether it is compliant with the provisions of this policy, direct any appropriate changes and forward the complaint to the contractor. Co The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of -3- ~~A ITEM No. ~(~ ~\ debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing SO. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee") consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue outside the committee deliberations with any of the parties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S. VVhere the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to AGE. NDA ITEM No. l(_~ \ _ FEB 1 appear at the debarment hearing, the contractor shall be presumed to be unqualified and or non-responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact. In the event that the committee decides to impose debarment, the debarment decision will formally include, but not be strictly limited to the following information: 1) The specific reasons for the debarment; 2) The scope of the debarment; and 3) The period of debarment, including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. The PGS Director shall forward the committee's decision to the contractor and affiliates involved. Should the Contractor object to the committee's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn~ the committee's decision; the County Manager shall formally cite the reasons for doing so. 3. Debarment Period: At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and in no event shall the debarment period exceed five years without the approval of the Board. At its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1. Newly discovered material evidence; 2. A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3. Bona fide change in ownership or management; 4. Elimination of other causes for which the debarment was imposed; or -5- 5. Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. 4. The Effects of Debarment: Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. 5. Continuation of Current Contracts: Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. 6. Restrictions on Subcontracting: ao When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. -6- The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre-existing terms of the committee's decision. -7- 2104/04 RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING COLLIER COUNTY RESOLUTION 2001- 482 AND THE PURCHASING POLICY REFERENCED THEREBY TO ESTABLISH A COMPREHENSIVE VENDOR DEBARMENT AND SUSPENSION POLICY. WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, the Board of County Commissioners on December 11, 2001 adopted a purchasing policy by Resolution 2001-482; and WHEREAS, County staff seeks to establish a formal, comprehensive vendor debarment and suspension policy: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Resolution 2001-482 is hereby amended as shown in the attached hereto and incorporated herein by reference. This Resolution adopted this __ day of 2004 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal su fficienc_v.; Robert N. ZaChary, Assistant County Attorney H: JHRfResolutions/Resolution$-Purch~ing Pohcy 102103 By: Donna Fiala, Chairman EXECUTIVE SUMMARY REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the original work order amount or $10,000, whichever is more. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Orders Report. This report covers period beginning on or about January 2, 2004 through January 28, 2004. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. Stephen Carnell,'~Purchasing/General' Services D--~'c~or REVIEWED BY: DATE: Len Goldefl Price, Administrative Services Administrator FEB 10200 L(jAGE ND A ~E~ FEB 10 0 ~ --- ._~ ~ o .~ .~ c ~ o 0 c ~ EE~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community D~velopment Services Additional & Garage BID/RFP #: 00-3064 MOD #: 12 _AMOUNT OF THIS CHANGE $6,618.72 PROJECT #: 0 PO #: 4500016724 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 CURRENT 6,238,628.19 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $6,049,635.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item August 1,2000 16 E 13 Percentage of the change over/under current contract amount 3.12 % Formula: (Current Amo0nt / Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10/31/03 CURRENT: Completed SUMMARY OF PROPOSED CHANGE (S): Adjust Project Fee for 50,000.00 per article 10.4 of the contract. 11/07/04 Substantial all Changes Exceeding JUSTIFICATION FOR CHANGE (S): Article 10.4 of Contract PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp and Jack Cro.qnale. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change -Y- Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN/,~,G E ~)REC O M~M EN DATIO N: APPROVE:/, DISAPPRO(,~: COMMENTS: Date: Date: REVISED 9/9/03 ""' AGE A FEB 1 0 I ,// , ,.. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Lakeland Avenue Bdd.qe PROJECT #: 66042 BID/RFP #: 03-3492 MODIFICATION #: C.O. # 3 AMOUNt: $38,219.99 NAME OF FIRM: Thomas Marine Percentage: 8.58% CONTRACT AMOUNT: ORIGINAL $ 1,592,715.30 CURRENT $1,729,399.92 CURRENT COMPLETION DATE(S): ORIGINAL: January 9, 2003 CURRENT: February 11, 2003 ., SUMMARY OF PROPOSED CHANGE(S): Increase reinforcinq bars quantity, Add manhole risers, Increase 24" casinq len.qth, Add 20" water main encasement, Add preemption cable, Add radius barrier wall w/footinq and aluminum handrail, Increase approach slab concrete, Adiust excavation, sub.qrade, base and s-1 asphalt prices and quantities, delete milling and J-4 curb inlet JUSTIFICATION FOR CHANGE(S): Increase in reinforcinq steel superstructure quantity due to plan error, manhole risers needed due to plan grade errors, 24" casinq needed to adjust plan discrepancy, 20' casing to protect existinq utility, barrier wall and handrail not included in plan quantities, approach slab concrete needed to raise slab above 20" water main encasement; excavation, subgrade, base and s-1 asphalt adjusted to leave acceptable existing i;oadway in place, delete millinq quantity to leave acceptable asphalt on Immokalee Rd. in place and delete J-4 curb inlet quantity du~ to plan changes. PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe P.E.- Principal prOiect Manaqer, Eddie Martin-TECM Field Proiect Mana.qer,John RowelI-HDR Proiect En.qineer, Bob Tipton, Phil Cross-HDR Office Enqineer, Ron Dillard- PUED IMPLEMENTATION STEPS (Check each before proceeding with change) ,-' Proposed change is consistent with the scope of the existing agreement ~ Proposed change is not included in the existing scope *" Change is being implemented in a manner consistent with the existing agreement ~ Proposed prices, fees and/or costs set forth in the change are reasonable ___~The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: ~"~ DISAPPROVE: Date: Date: COMMENTS: h Forms/County Forms/Purchasing Forms/Check List 4/12/03 AGENDA ~-.~f~,.~ ~i NO o~___~ FEB 1 0 2004 CONTRACT MoDIFiCATION CHECKLIST FORM PROJECT NAME: NCWRF Deep Iniection Well Pump Station PROJECT #: 73948 BID/RFP #: 03-3442 MOD #: 1 AMOUNT OF THIS CHANGE $ 0 PO #: 4500004584 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 4,740,000.00 CURRENT $4,740,000.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $4,740,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval , 12/17/02 Agenda Item # 16.C.4 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. ~ CURRENT COMPLETION DATE (S): ORIGINAL: 04/26/2004 CURRENT: 07/27t2004 SUMMARY OF PROPOSED CHANGE (S): Extension of 92 days for time of completion and affirmation of work done under continqency due to unforeseen conditions. JUSTIFICATION FOR CHANGE (S): Completion of prerequisite tasks were delayed. Injection Well #1 and the required monitorinq well needed to be completed prior to Wriqht accessin.q the site. These items were part of a different PUED proiect, the installation of the deep injection wells, and were delayed by unforeseen conditions. There were voids in the subsurface that needed to be filled. PARTIES CONTACTED REGARDING THE CHANGE: Collier County PUED Wriqht Construction, Water Resources, NCWRF, TKW Consultin.q Engineer, s, Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate padies have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable CONSULTING E~R ~E~ENDATION: RECOMMEND: DO NOT RECOMMEND:.///,,/ PROJECT MANAGE R/~ _~O~/M,~,,NjDATI O N: RECOMMEND: DO NOT RECOMMEND: Date: Date: Date: Date: COMMENTS: A~.F Nn~ IT~EM~--~ NO. ~.~~- FEB 1 0 Revised. 8/22/03' CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette-Frank Road Proiect PROJECT #: 60134 BID/RFP #: 02-3424 MOD #: 14 AMOUNT OF THIS CHANGE $_103,073.09__ PO #: 4500002260 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ _12,495~051.66 CURRENT $_13~456,002.38 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $._13,352,929.29 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval December 16, 2003__ Agenda Item # 16 B 6 Percentage of the change over/under current contract amount 0.77 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: October 21,2004 CURRENT: January 4, 2005 SUMMARY OF PROPOSED CHANGE (S): Item #s 999-026 and 999-027 were added to replace 3 existinq drainaqe structures under Pine Ridqe Road. Item #s 999-028 and 999-029 were added to install a new drainaqe structure with inlet top on Panther Lane. Item # FM-33 was added to replace an existinq Forc, Main on Pine Ridqe Road. JUSTIFICATION FOR CHANGE (S): Item #s 999-026 and 999-027 were needed since the existinq structures were determined to be structurally unsound (cracked and leakinq). Item #s 999-028 and 999-029 were needed since there was an existinq culvert pipe, installed by the developer but not shown the road design plans, that needed to tie into the road drainaqe. Item # FM-33 was needed since the existinq Force Main which was not shown on the plans was in conflict with the proposed wideninq on Pine Ridqe Road. PARTIES CONTACTED REGARDING THE CHANGE: Gre.q Strakaluse (TE&CM Director); Lynn Thorpe TE&CM Principal Proiect Manager); Sandy Sridhar and Fred Sexton (Utilities Enqineering); Tom Deer and Dennis Day (PBS&J); Richard Billian and Michael Murphy (Ajax Construction); David Scafidi (Mitchell and Stark). IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~Y Proposed change is consistent with the scope of the existing agreement Y_~ Proposed change is in fact an addition or deletion to the existing scope Y_~ Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: John R. Conti DISAPPROVE: COMMENTS: Revised 8/22/03 Date: January 9, 2004 Date: FEB 1 0 200 P~o ~ / CONTRACT MODIFICATION CHECKLIST FORM PO ~: ~ Z~ff~ Work Order ~: CONTRACT AMOUNT: ORIGINAL, ~~?~CURRENT $ (o ~ ~ ~ (STARTIN~ POIN~ ~ ~ ~O (INCLUDING THIS ~ANGE ORDER) Last BCC Approved Amount $ ~ ~ ~: (~ST TOTAL AMT( REQUIRING acc APPROVAL) Date of Last BCC Approval Agenda Item ~ Percentage of the change ova.under current contract amount /0. / ~ 3 % Formula: (Currant Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reposed to BCC on Purchasing repo~. CURRENT COMPLETION DATE (S): ORIGINAL:~~~ CURRENT: ~ ~¢ ~ S~M~RY O~ PROPOSED CHA~GE {S)~ ~t X~ t ~ ~~ ~ JUSTIFICATION FOR CH~/I~IGE (S):~ .~rv e-~ PA~E~ CONT~RTED~EGARDING THE CHANGE: ~M pLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) roposed change is consistent with the scope of the existing agreement __ Proposed change is in fact an addition or deletion to the existing scope '~hange is being implemented in a manner consistent with the existing agreement ~e appropriate parties have been consulted regarding the change ~._~roposed prices, fees and costs set forth in the change are reasonable PROJECT Mj~-~E R/~E ~I E N DATION: APPROVE:~' ~/"~~ /7"-,--~--E~.L.F~,4'~' Date: ~/-- /',./"---- O ~ DISAPPROVE: ' Date: COMMENTS: REVISED 9/9/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Exterior Fa(;ade' of Buildinq L PROJECT Cf: 52004 BID/RFP #: 01-3235 MOD #: I AMOUNT OF THIS CHANGE $750.00 PO #: 4500018095 Work Order #:SS-02-02 CONTRACT AMOUNT: ORIGINAL $ 24,000.00 CURRENT $24,750.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # Percentage of the change over/under current contract amount 3.13% Formula:/Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: ~ CURRENT: SUMMARY OF PROPOSED CHANGE (S): To include reimbursables JUSTIFICATION FOR CHANGE (S): To pay for reinbursables PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes & Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN~ER/~C OMMEN~ATIO N: APPROVE: D ISAPPRO//V~/ COMMEN,~: Date: Date: REVISED 9/9/03 FEB 1 0 ZOO , ! CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Utility Relocations for Davis & Collier Blvds. Intersection PROJECT #: 70071 & 73065 BID/RFP #: 02-3345 MOD #: I AMOUNT OF THIS CHANGE $30~690.00 PO #: 4500013253 Work Order #: UC-057 CONTRACT AMOUNT: ORIGINAL ~ 56~728.00 CURRENT $ 87~418.00 (STARTING POINT) (INCLUDING THiS CHANGE ORDER) Last BCC Approved Amount $_0 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCCApproval N/A Agenda Item # Percentage of the change over/under current contract amount N/A Formula: (Current Amount/Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. N/A CURRENT COMPLETION DATE (S): ORIGINAL: 10-10-03 CURRENT: 1-31-04 SUMMARY OF PROPOSED CHANGE (S): 1. Removed abandoned 4" force main. 2. Reroute 8" water main & abandon or remove existinq main. 3. Install conflict structure for 20" water main conflict with proposed drain pipe. JUSTIFICATION FOR CHANGE (S): 1. Force main conflicts with drainaqe structure. 2. Excavation of stormwater storaqe pond will reduce cover over water main to less than required minimum. Reroutinq is less costly than dippin.q main under pond. 3. Conflict structure is less costlv than dipping water main under drain pipe. PARTIES CONTACTED REGARDING THE CHANGE: Director, Wastewater Director. Contractor, Desi,qn Consultant, Water IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: .~_,.¢..~,,/~ I~ ,~'~~ DISAPPROVE: Date: Jan. 13, 2004 Date: COMMENTS: REVISED 9/9/03 I F E B 1 0 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Courthouse Annex PROJECT #: 52533 BID/RFP #: 01-3291MOD #: I AMOUNT OF THIS CHANGE $3,855.00 PO #: 4500018136 Work Order #:MAC -FT-04-01 CONTRACT AMOUNT: ORIGINAL $10,200.00 CURRENT $14,055.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCc Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING acc APPROVAL) Date of Last BCC Approval N/A Agenda Item # ~N/A Percentage of the change over/under current contract amount 3 7.7 9 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: SUM MARY OF PROPOSED CHANGE (SI: Additional Geotechnical Testing JUSTIFICATION FOR CHANGE (SI: Necessary to complete job. PARTIES CONTACTED REGARDING THE CHANGE: Jack Crognale & Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _Y_ Proposed change is consistent with the scope of the existing agreement _Y_ Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change -Y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN~GER~ECOM M~NDATION: APPROVE: DISAPPROVF/.' COMME~S: Date: Date: REVISED 9/9/03 FEB 1 0 2{3B , 1 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Medical Examiners Odor Control PROJECT #: 52162 BID/RFP #: 01-3289 MOD #: I AMOUNT OF THIS CHANGE $1,100.00 PO #: 4500008957 Work Order #:TLC FT 03-03 CONTRACT AMOUNT: ORIGINAL $ 27,320.00 CURRENT $28,420.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # Percentage of the change over/under current contract amount 4.03% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 02/23/04 CURRENT:02/23/04 SUMMARY OF PROPOSED CHANGE (S): Add vestibule, lighting and hardware. JUSTIFICATION FOR CHANGE (S): Additional Scope of work PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce and Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA ,/~E~ R~C~ N DATIO N: APPROVE: ~/-~/~.,c-/~' Date: DISAPPROVE: "'-" Date: COMMENTS: REVISED 9/9/03 F E B 1 0 Z00 l Pg. EXECUTIVE SUMMARY APPROVE RESOLUTION TO AMEND COUNTY'S PURCHASING POLICY REGARDING THE RETENTION OF EXPERT WITNESSES AND CONSULTANTS TO AID IN ON-GOING LITIGATION OBJECTIVE: To enable the Office of the County Attorney to acquire expert and consultant services pursuant to litigation and administrative proceedings in a timely and proper manner. CONSIDERATIONS: The Office of the County Attorney, in conjunction with departments and divisions within the County Manager's agency, routinely engage the services of experts and consultants in the course of representing the County in civil litigation and various administrative proceedings. These engagements are frequently entered into on short notice and without the opportunity for competitive selection to occur. The purchasing policy, as presently written, provides direction regarding the acquisition of legal services in general, but does not distinctly address services provided by experts and consultants for litigation-related purposes. Hence, it is the recommendation of both the County Attorney and the Purchasing Director that the current polic~y be modified to address these situations. Specifically, the enclosed resolution modifies the existing policy to exempt such services from the requirements for informal and formal competition. Further, the County Attorney would formally be given the authority to hire experts and consultants up to $50,000. Engagements exceeding $50,000 would be reported to the Board for subsequent ratification. FISCAL IMPACT: Funds for these expenditures are budgeted with the operating budget of the Office of the County Attorney or within the operating or capital budgets of the various operating departments and divisions. GROWTH MANAGEMENT IMPACT: There is no impact on growth management as a result of this action. RECOMMENDATION: That the Board of County Commissioners approve and adopt a resolution amending the purchasing policy to clarify the requirements for acquiring the services of experts and consultants pursuant to litigation and various administrative proceedings and authorize the Chairman to sign the enclosed resolution on behalf of the Board. SUBMITTED BY: ~ ~, ~ I, REVIEWED BY: REVIEWED BY: Purchasing/General Services Director David C. Weigel, ' County Attorney ~ Len Gold-~n Price, Administrative Services Administrator VII. Bo The requirements for requesting quotes from three (3) or more sources are waived and do not require Board action for: 1. Purchase of library books, education and/or Personnel tests, similar audio visual materials, periodicals, printed library cards, etc. ° Professional services; and, in instances when authorized by the Purchasing Director where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, a not-for-profit entity or when there are no other identifiable sources available. 3. Purchases that the Director has determined to be legitimate single source purchases. 4. Valid public emergencies or other instances deemed by the Director to be in the best interests of the County. Purchase of materials and/or services from experts or consultants by or through the Office of the County Attorney for purposes of preparing for or defending against imminent or pending civil litigation or administrative proceedings. Requests for outside legal services will be referred to the County Manager and the County Attorney for review and comment as to whether said services are necessary and/or appropriate. Requests for outside legal services may be exempted from formal competition by the Board of County Commissioners at the request of the County Manager or County Attorney. H. The acquisition of materials and/or services from experts or consultants for purposes of preparing for or defendinq against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by the County Attorney and the Purchasing Department without further action. Acquisitions that exceed $50,000 may be authorized by the County Attorney and the Purchasing Department, but will be reported at a re,qular meeting of the Board for ratification. i~AGENDA ZT£~ .~ FEB ! 0 [ RESOLUTION NO. 2004- A RESOLUTION OF ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING COLLIER COUNTY RESOLUTION 2001- 482 AND THE PURCHASING POLICY REFERENCED THEREBY TO CLARIFY THE PROCESS REGARDING THE ACQUISITION OF LEGAL EXPERTS AND CONSULTANTS. WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, the Board of County Commissioners on December 11, 2001 adopted a purchasing policy by Resolution 2001-482; and WHEREAS, the Collier County Attorney's Office is seeking to clarify the purchasing policy regarding litigation support and to facilitate effective litigation strategy: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Resolution 2001-482 and sections 1V. B.5 and VII H. of the purchasing policy attached thereto and incorporated herein are hereby amended by this Resolution, attached hereto and incorporated herein by reference. This Resolution adopted this __ day of ,2004 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: )}cqdeline Hubbard .2~ssistant County Attorney H: IHR./ResolutionstResolution$-Pumhasing Policy 102103 By: Donna Fiala, Chairman AGENDA ~ T_~ I'~-~ FEB 1 0 pg. ~_ ~','~ EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE NEW SHERIFF'S SPECIAL OPERATIONS FACILITY ITN # 03- 3550. OBJECTIVE: To have the Board approve the short list of Architectural Firms to provide professional services for the design of the Sheriff's Special Operations Facility. CONSIDERATIONS: On July 18, 2003, the County published an Invitation to Qualify (ITQ) to provide architectural services for the design of the Sheriff's Special Operations Facility Collier in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent out to 168 architectural finns, 31 vendors requested full proposal packages and 8 responded to the proposal. A selection committee comprised of representatives from Facilities Management, Purchasing, Risk Management and the Sheriff's Office reviewed the eight proposals that were received by the due date of August 1., 2003 and by consensus short-listed three firms as qualified to receive the subsequent ITN (Invitation to Negotiate). The ITN was issued on October 8, 2003 with a deadline for response of October 24, 2003. Both of these solicitations were conducted under Senate Bill 1182, which amends F.S. 119.071 relating to an exemption from public records. A Selection Committee meeting was held on November 12, 2003, and by consensus, the firms were ranked as follows: 1. Victor Latavish, AIA 2. Barany Schmitt Summers Weaver 3. Schenkel Shultz Staff is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm, Victor Latavish and if necessary, to negotiate with the second and third choice. FISCAL IMPACT: The Project has been funded in FY '04 in the Capital Projects Budget (301). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the short list and authorize staff to negotiate a contract with the top ranked Architectural Finn as addressed in this summary. PREPARED /~/l~ck Crognale, ~oonstruction Manag ,~ Department of Facilities Management REVIEWED BY: ~ Camp, CFM, Department of Facilities Management DATE: DATE: FEB 1 0 Exec. Sum. ITN # 03-3550 Page 2 Stephen Y. Camell, Director Purchasing Department Len Gold"{fi Price, Administrator Administrative Services Division DATE: DATE: AG['NOA. ITEM./, IJJ -I- l-- EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 04-3604, A POWER CATAMARAN BOAT IN THE AMOUNT OF $43,713.50 TO TWIN VEE, INC. OBJECTIVE: To obtain Board of County Commissioner's approval for the purchase of a Power Catamaran Boat to be used as Fire/Rescue equipment bom Twin Vee, Inc. CONSIDERATION: The Ochopee Fire Control District must acquire a Fire/Rescue Boat for the proper fire protection of Club Everglades. Club Everglades is an exclusive island development of unique private homes located in the Ochopee Fire Control District that is only accessible by water, there is no bridge to the island. Much research has been done to locate an appropriate vessel to provide fire and medical services to the island and the surrounding waterways. After much deliberation, the Power Catamaran has proved to be the most feasible for both usage and affordability. The company chosen, Twin Vee, Inc, has provided this type of vessel to other Fire Departments for similar use. A Fire/Rescue Boat has become essential for Ochopee Fire Control District due to growth and the new Island expansion. On December 4, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to five firms who manufacture the Power Catamaran Boat. On December 17, 2003 one bid was opened. A bid tabulation sheet is attached for review. FISCAL IMPACT: The total cost of the Power Catamaran Boat is $43,713.50 and a budget is already in place for this purchase under project number 500051 funded by Impact Fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3604 in the amount of $43,713.50 to Twin Vee, Inc for the purchase ora Power Catamaran Boat. Paul Wilson, Fire Chief Ocho~pee Fire Control District REVIEWED BY: __~~. c~, ~ Stephen Y. Cat'ell, Director Purchasing/General~,~J~l'vices APPROVED B '.~,~J,~ ~,~~ ° -c. D--an Summers, Director Emergency Management Date: A~D& IIEM No.../& F f FEB 1 0 20o "o · -a o z AGENDA ITEM "°.-,'~F ! .FEB 10 200~, pg. c~ APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 10, 2004 Isles of Capri Impact Fee (Fund 373) Budget Amendment #04-121 Capital Fire Boat Pump $3,626 Reserves Reserve for Contingencies (3,626) Total -0- Explanation: Funds are needed to outfit new donated fireboat with a pump for firefighting purposes. General (Fund 001) Other General Administrative Budget Amendment #04-135 Remittances Remittances to Municipalities $15,050 Reserves Reserve for Contingencies (15,050) Total ~0- Explanation: Additional money is required to pay to the City of Naples (CRA). Budget was based on the Preliminary Taxable Value of $541,163,348. The Final Taxable Value is $545,260,206. AGENDA ITEM No. EXECUTIVE SUMMARY BOARD APPROVAL OF DISTRIBUTION OF THE FIVE CENTS AND SlX CENTS LOCAL OPTION GAS TAXES BASED ON THE ACTUAL TRANSPORTATION EXPENSES INCURRED DURING THE PERIOD FROM FY 98 THROUGH FY 02 OBJECTIVE: To obtain Board approval of (1) the distribution (based on actual transportation expenditures incurred during the period from FY 98 through FY 02) of the Five Cents and Six Cents Local Option Gas Taxes and (2) to provide the updated distribution percentages to the Florida Department of Revenue authorizing distribution based on the updated percentages. Proceeds from the gas taxes noted above are shared among Collier County, the City of Naples, the City of Marco Island, and Everglades City. CONSIDERATIONS: Six Cents Local Option Fuel Tax Section 336.025, Florida Statutes, authorizes the County to levy a Six Cents Local Option Fuel Tax. The ordinance listed below provided for the imposition of the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206, Florida Statutes Ordinance No. Ordinance 2003-35 Expiration Date December 31,2025 The most recent 5 year Interlocal Agreement governing the distribution of the proceeds of the Six Cents Local Option Fuel Tax was approved on May 25, 1999 and was in effect from September 1, 1999 to August 31, 2003. The following distribution percentages were approved in this interlocal agreement. Local Government Percentage Collier County 80.09% City of Naples 14.19% City of Marco Island 4.97% Everglades City 0.75% Total 100.00% This Interlocal Agreement further noted that the distribution formula for the succeeding agreement shall be based on FY 98 - FY 02 audited transportation expenditures. The Board approved an amended Interlocal Agreement on July 29, 2003 that extended the existing distribution percentages through December 31, 2003. This provided time to update the analysis of historical transportation expenditures and would provide for uniform distribution percentages for both the Five Cents and Six Cents Local Option Fuel Taxes. The amended Interlocal Agreement also noted that the results of the study of transportation expenditures may be used to reapportion the collected revenues from the Local Option Gas Taxes among the County and the incorporated municipalities within Collier County. i:,,G£i !~A I',~..~ pg._ / Five Cents Local Option Fuel Tax Section 336.025(1)(b), Florida Statutes, authorizes the County to levy a Five Cents Local Option Fuel Tax. The ordinance listed provided for the imposition of the Five Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206, Florida Statutes Ordinance No. Ordinance 2003-36 Expiration Date December 31, 2025 There is no interlocal agreement governing the distribution of the Five Cents Local Option Fuel Tax. Proceeds are distributed (based on historical transportation expenditures) as follows: Local Government Percentage Collier County 79.51% City of Naples 14.48% City of Marco Island 5.26% Everglades City 0.75% Total 100.00% As illustrated in the tables, there are differing distribution percentages for the Five Cents and Six Cents Local Option Fuel Taxes. The updated methodology will provide uniform distribution percentages for both the Five Cents and Six Cents Local Option Fuel Taxes. Future updates to the distribution percentages will be based on the updated five years of historical transportation expenditures. Based on the actual transportation expenditures from FY 98 - FY 02, the revised distribution percentages are as follows: Local Government Percentage Collier County 84.66% City of Naples 10.28% City of Marco Island 4.87% Everglades City 0.19% Total 100.00% FISCAL IMPACT: The Five Cent Local Option Fuel Tax is budgeted to generate $5,150,700 in FY 2004 and the Six Cent Local Option Fuel Tax is expected to generate $6,751,900 in FY 04, with funds being allocated to road construction efforts accounted for in the gas tax supported Roads CIP Fund (313). Updated distribution percentages will be applied beginning with the January 2004 payments that are issued at the end of February. GROWTH MANAGEMENT IMPACT: The Five Cents and Six Cents Local Option Fuel Taxes are principal revenue sources in the Transportation Element of the Collier County Growth Management Plan. AG~NE, A ITEM ?g._ 2... RECOMMENDATION: That the Board of County Commissioners: (1) Approve the distribution (based on actual transportation expenditures incurred during the period from FY 98 through FY 02) of the Five Cents and Six Cents Local Option Gas Taxes. Proceeds from the gas taxes noted above are shared among Collier County, the City of Naples, the City of Marco Island, and Everglades City. (2) Authorize staff to provide the updated distribution percentages to the Florida Department of Revenue authorizing distribution based on the updated percentages. Micha._el.__S__~kowski, OMB Director _ Approved by: // ~ J~'-~V~. Mudd, County Manager DATE: 2. ~1-0 5/ February 4, 2004 DATE: February 4, 2004 FEB 10 2004 RESOLUTION 2004 A RESOLUTION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING NOTICE OF THE UTILIZATION OF THE ELIGIBLE TRANSPORTATION EXPENDITURES FOR THE PRECEDING FIVE (5) YEARS AS THE BASIS FOR THE DISTRIBUTION FOR31ULA FOR THE ADDITIONAL FIVE CENTS AND SIX CENTS FUEL TAXES PURSUANT TO FLORIDA STATUTES, SECTIONS 336.025 (1)(a) WHEREAS, Florida Statutes, Section 336.025 (1)(a) and (b) authorized the County to levy an additional Five Cents and Six Cents in local option fuel taxes by ordinance adopted by the membership of the governing body of the County; and WHEREAS, Collier County had previously adopted ordinances levying and extending the additional Five Cents and Six Cents fuel tax; and WHEREAS, the additional Five Cents and Six Cents fuel taxes may be distributed pursuant to Florida Statutes, Section 336.025(4)(a) without an interlocal agreement; and WHEREAS, Collier County has previously extended the levy of the additional Five Cents and Six Cents fuel taxes by ordinances adopted by a majority plus one vote of the membership of the governing body of the County xvhere needed to the year 2025. WHEREAS, Collier County staff has prepared the necessary distribution formula attached hereto as Exhibit "A" to this Resolution based upon the eligible transportation expenditures of the preceding five (5) years. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: It has been the intent of this Board to extend the imposition of the additional Five Cents and Six Cents fuel taxes up to and including year 2025 or until terminated, changed or amended by the Board of County Commissioners; and BE IT FURTHER RESOLVED, that: The proceeds of the aforementioned fuel taxes shall be distributed among the County Government and eligible municipalities based on the transportation expenditures of each for the immediately preceding five (5) years, from 1998 through 2002, as a proportion of the total of such expenditures for the County and all municipalities within the County as set forth in Exhibit "A" to this resolution. AGENDA IT, EM FEB 10 2004 ~.__~. BE IT FURTHER RESOLVED, that: Such calculation shall under no circumstances materially or adversely affect the righls of holders of bonds outstanding on July 1, 1986, which are backed by taxes authorized in paragraph (1)(a) of Florida Statutes, Section 336.025(1)(a), and the amounts distributed to the Collier County and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the recalculation. BE IT FURTHER RESOLVED, that: The proportions shall be recalculated every 5 years based on the transportation expenditures of the immediately preceding 5 years. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of February 2004 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ DONNA F1ALA, Chairman Approved as to form and legal sufficiency: ~c-quelJin~ I~ubl~ara ' ~istant County Attorney H: lackies' Resolufionff Reso providing notice of inttmt to extend 52203 AGENDA I ~'~j~,~ No. 'l F E B 1 O- 200 , Exhibit A Updated Distribution Percentages (Based on FY 98 - FY02 Actual Transportation Expenditures) Local Government Collier County City of Naples City of Marco Island Everglades City Total Percentage 84.66% 10.28% 4.87% 0.19% 100.00% ~o. /~ ~ FEB 10 zoo6 PS. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 10, 2004 A. Minutes: Collier County Planning Commission - Agenda for January 15, 2004; Minutes of CCPC/LDC Amendments November 24, 2003, Regular meeting minutes of December 4, 2003. Productivity Committee Meeting Minutes - Minutes of December 17, 2003. Collier County Coastal Advisory Committee - Minutes for October 9, 2003, November 13, 2003 and December 11, 2003. Immokalee Area Master Plan Ad Hoc Committee - Agenda for January 20, 2004; Minutes of January 7, 20 and 21, 2004. o Parks and Recreation Advisory Board - Agenda for January 21, 2004; Minutes of December 17, 2003. Community Character/Smart Growth Advisory Committee - Corrected Agenda and Minutes for October 22, 2003; November 14, 2003; Regular agenda and minutes for November 25, 2003 and December 12, 2003. Also attached is Form 8B memorandum for Voting Conflict for County, Municipal, and other Local Public Officers by member, Bruce Anderson. Bayshore Beautification M.S.T.U. - Agenda for January 14, 2004; Minutes of December 10, 2003. o Citizen's Advisory Task Force - Agenda for December 18, 2003; Minutes of December 18, 2003. o Conservation Collier Land Acquisition Advisory Committee - Agenda for January 12, 2004; Minutes of December 15, 2004. I0. Collier County Tourist Development Council - Agenda for January 26, 2004. 11. Forest Lakes Roadway and Drainage M.S.T.U. - Advisory Committee - Agenda for January 21, 2004; Minutes of December 17, 2003. 12. Lely Golf Estate Beautification M.S.T.U. - Agenda for January 15, 2004 Minutes of December 18, 2003. H:Data/Format 13. Radio Road Beautification M.S.T.U. - Agenda f~ Pg. ~ EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from December 27, 2003 through January 30, 2004 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period December 27, 2003 through January 30, 2004. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. J~'nes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Reviewed and &f/~4 ~ -~(~X~A~ Approved By: Ge ' Date: Constance Murray General Operations Manager iTEM EXECUTIVE SUMMARY TO ACCEPT THE BACKGROUND INFORMATION PROVIDED TO THE CLERK OF THE CIRCUIT COURT FOR A FORTUNE TELLER PER~'IIT AND TO APPROVE THE PERMIT AS SUBMITTED BY THE COUNTY MANAGER'S OFFICE OBJECTIVE: To accept the background information provided to the Clerk of the Circuit Court for a Fortune Teller Permit and to approve the permit as submitted by the County Manager's Office. CONSIDERATIONS: According to Ordinance 81-42, as amended, the applicant shall have been a resident of Florida for at least (6) months; shall have furnished at least five written statements from reputable citizens of the County indicating that the applicant has established good moral character; that a recent photograph be submitted; and that a background check be done on the applicant. The applicant has provided the necessary information as well as a recent photograph and has completed an application for a fortune teller's permit. All paperxvork was submitted to the Sheriff's Office for a background check and their records indicate that this applicant has had no adult arrest record. In compliance xvith the aforementioned Ordinance, the Clerk's Office is submitting all of the documentation provided during this review. The County Manager's Office has reviewed this documentation and has included a Fortune Teller Permit for your consideration. FISCAL IMPACT: There is no fiscal impact to this item. RECOMMENDATION: That the Board of County Commissioners accept the background documentation provided by the Clerk's Office and approve the Fortune Teller Permit provided by the County Manager's Office. PREPARED BY: APPROVED BY: APPROVED BY: Patricia L. Morgan, Supervisor Board Minutes & Records ~ames L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Le~'-(Schs ' ~/ Deputy County Man g~,~.e_,r' Date: Date:g/~/~ FEB 1 I PPLICATION FOR FORTUNE TELLER, CLAIRVOYANTS, ETC. NAME ADDRESS FORMER ADDRESS MARITAL STATUS NAME OF SPOUSE ~L!DA ~ ~G~OO DRIVER'S LICENSE NUMBER/STATE TELEPHONE NO. --SOC. SECURITY NO. DATE OF BIRTH JJ- 29 - iq HO PLACE OF BIRTH EMPLOYED PREVIOUS EMPLOYER Attach: 5 written statements or affidavits from 5 reparable ~itizens of Collier County, as to moral character. Proof cf Florida residency for at least si:: (6; months. Recent photograph. AGENDA ITEM FEB 1 0 200 DON HUNTER. COLLIER COUNTY 3301 Tamiami Trail East, Bldg- J, Naples, FL 34112-4902 (239) 774-4434 www.colliershenff.org Date: Reference: January 07, 2004 Hurtado, Heberto Also known as: N/A Date of Birth: 11-24-1940 Except as may be entered beloW, as of this date, the Collier County Sheriff's Office has no record of arrest on the above named individual for the past ten (10) years. Sealed, expunged and juvenile records were not searched. A records check by our agency provides 0nly local, Collier County arrest information. Affidavit is accurate for the date of inquiry only. No other representation is made. Unless this is an odginal document with green letterhead, do not accept. Copies are not authodzed. DATE ARRESTED CHARGES No Adult Arrest Record By: For: ~ Dass, Central Records Deputy Don Hunter, Sheriff Collier County Sheri~,s Qffice. ~ ne duly oT the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." ---- The Sunshine State .--- ~ H633-320-40-424.-0 '~ 11.24-40 U S.08 ~ ~ iXJPL.Ir. ATE L,% TO WHOM IT MAY CONCERN: I, JOSE MARTINEZ; RESIDING AT 218 W. MAIN ST, IMMOKALEE,FL 34142 , BY MEANS OF THIS AFFIDAVIT DECLARE ; THAT I HAVE KNOWN MR. HEBERTO HURTADO , FOR MORE THAN 4 YEARS, HE IS A PERSON OF EXCELENT CONDUCT, GOOD CHARACTER AND WITH HIGH STANDARDS OF MORAL. I HAVE NOT RESERVES RECOMENDING HIM AS A RELIABLE PERSON.HE HAS BEEN LIVING AT FLORIDA FOR MORE THAN 5 YEARS. JOSE MARTINEZ' TEL:239- co5~ '-lq zq TO WHOM IT MAY CONCERN: I, HOMAR HASSAMM RESIDING AT 1811 LAKE TRAFFORD, IMMOKALEE,FL34142, BY MEANS OF THIS AFFIDAVIT DECLARE ; THAT I HAVE KNOWN MR. HEBERTO HURTADO , FOR MORE THAN 4 YEARS, HE IS A PERSON OF EXCELENT CONDUCT, GOOD CHARACTER AND WITH HIGH STANDARDS OF MORAL. I HAVE NOT RESERVES RECOMENDING HIM AS A RELIABLE PERSON.HE HAS BEEN LIVING AT FLORIDA FOR MORE THAN 5YEARS. HOMMAR HASSAMM TEL: 239-657-8244 AGENEIA ITEM,~ -" No. FEB 1 0 200 t ~F ~ .-on -c~ TO WHOM IT MAY CONCERN: I, LUPITA ESTRADA RESIDING AT 2105 IMMOKALEE DR. IMMOKALEE,FLORIDA 34143,BY MEANS OF THIS AFFIDAVIT DECLARE ; THAT I HAVE KNOWN MR. HEBERTO HURTADO . FOR MORE THAN 5 YEARS, HE IS A PERSON OF EXCELENT CONDUCT, GOOD CHARACTER AND WITH HIGH STANDARDS OF MORAL. I HAVE NOT RESERVES RECOMENDING HIM AS A RELIABLE PERSON.HE HAS BEEN LIVING AT FLORIDA FOR MORE THAN 5YEARS. LUPITA ]ESTRADA - ~ ~ TEL:239-707-5900 TO WHOM IT MAY CONCERN: I, NASER NAKLEH; RESIDING AT 507 W. MAIN ST, IMMOKALEE,FL 34142 , BY MEANS OF THIS AFFIDAVIT DECLARE ; THAT I HAVE KNOWN MR. HEBERTO HURTADO , FOR MORE THAN 4 YEARS. HE IS A PERSON OF EXCELENT CONDUCT, GOOD CHARACTER AND WITH HIGH STANDARDS OF MORAL. I HAVE NOT RESERVES RECOMENDING HIM AS A RELIABLE PERSON.HE HAS BEEN LIVING AT FLORIDA FOR MORE THAN 5 YEARS. ~I~MOICAL~E, .TAN-jO-ON No._ I (~ C'T~_TZ TO WHOM IT MAY CONCERN I, ALVARO GALLEGO AGUDELO,RESIDING AT 1202 N.E. 3RD. TERRACE, CAPE CORAL FLORIDA 33909,BY THIS MEANS CERTI FY THAT: MR. HEBERTO HURTADO HAS BEEN LIVING IN MY HOU SE AT THE AFORDMENTIONED ADDRESS SINCE A YEAR AGO. IF NEEDED MORE INFORMATIION PLEASE LET ME KNOW. CAPE CORAL, JANUARY 6TH,2004. RO A~{JDEI..g"'G ]202 N.Z/. 3R,6~.TERR. CAPE CORAL, FL.33909 SIGNED BEFORE ME ELIAS ESCOBAR NOTARY PUBLIC.BY ALVARO GALLEGO AGUDELO.WHO IDENTIFIED HIMSELF WITH FLA. DL.#G420-OOO-62-256-O-AT CAPE CORAL FLORI~ANUARY 6TH,2004. ELIAS ESCUUAN NOTARY ~o ~u~sE~ . MY COUM~S~N # DD MY COMM. EXP. ON 08/29/07 ~P,REs:A~,~m, 2oo7 AGENDA ITEM~. FEB 10 200~ PERMIT FOR FORTUNE TELLERS PERMIT NO. 04- STATE OF FLORIDA ) COUNTY OF COLLIER ) WHEREAS, HEBERTO HURTADO has made application to the Board of County Commissioners, as required by Ordinance 81-42, for a permit to apply for an occupational license to practice fortune telling in Collier County, Florida; and WHEREAS, HEBERTO HURTADO has complied with all requirements of Ordinance No. 81-42, as amended, and the Clerk has made investigation and examination of the application as required; NOW, THEREFORE, this permit to apply is hereby granted to HEBERTO HURTADO in accordance with Section 27 of Ordinance 81-42. WITNESS my hand as Chairman of the Board of County Commissioners and the Seal of Collier County, attested by the Clerk in and for said County, this day of , 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form & legal sufficiency: By: County Attorney AGENDA ITEM,~,. _. No. !i, ~ ~ ~.--~.- FEB ,=,,. EXECUTIVE SUMMARY APPROVE AGREED ORDERS AND AUTHORIZE PAYMENT OF PLANNING FEES FOR PARCELS 195, 197, 218, 181, 184, 198, 201, 202, 21lA, 214, 174, 170 AND 172 IN THE IMMOKALEE ROAD PROJECT (WILSON TO COLLIER BOULEVARD/160018). OBJECTIVE: Approve Agreed Orders and authorize payment of planning fees for Parcels 195, 197, 218, 181, 184, 198, 201,202, 21lA, 214, 174, 170 and 172 in the Immokalee Road Project (Wilson to Collier Boulevard # 60018). CONSIDERATIONS: Eminent domain actions were filed in May and June, 2002 for the acquisition of Parcels 195, 197, 218, 181,184, 198,201,202, 21lA, 214, 174, 170 and 172 for fee simple interests. In September of 2002, Orders of Taking were entered by the Circuit Court and the good faith estimate of value for these parcels were deposited into the Court registry on September 16, 2002 and September 19, 2002, thereby vesting title in the parcels in Collier County. The County has settled with all of the property owners with the exception of outstanding planning fees and some appraisal fees which are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared Agreed Orders Awarding Planning fees in Consolidated Cases, copies of which are attached as Exhibit A, wherein the County shall pay the property owners the aggregate sum of $12,500.00 for planning fees consolidated as follows: Parcels 195, 197, 218, 181 and 184 - $6250.00 Parcels 198,201,202, 21 lA, 214, 174, 170 and 172 - $6250.00 The planner agreed to reduce his fees by approximately 20% to settle the outstanding fees. C~_ISCAL IMPACT: Funds in the amount of $12,500.00 are available in the Transportation Road ~,? ~ti~n~as ~aax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve Agreed Orders and authorize payment of $12,500.00 to the Roetzel & Andress Trust Account on behalf of the property owners for planning fees of Morris-DePew Associates, Inc. SUBMITTED BY: ~ Date: Hei~ti F Shton, Assistant County Attorney ~AOF. NDA ITEM NO..l~g ~ FEB 1 0 200 P~. ~ REVIEWED BY: REVIEWED B Y: REVIEWED BY: APPROVED BY: ~~ Date: ~T ~e.. v~n-~fi'"~:~, R 0 w Acqu~anager Tran sportatidn/ECM/ROW ~~ Date: Gregg Strakaluse, P.E., Director Transpo~tion/ECM ~//~~~ Date: Norm ~eder., Ad_ministrator Transtortation Division David C. Weigel, County ~ttomey Date: 2 FEB 1 0 200q IN THE CIRCUIT COURTOF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION CO!.t-IER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, ROBERT W. PIEPLOW, et t~x,'et al. Respondents. Case No.: 02-2133-CA Parcel Nos.: 195, 197 EXHIBIT AGREED ORDER AWARDING PLANNING FEES IN CONSOLIDATED CASES WHEREAS,' this Comer entered an Order on November 10, 2003 consolidating Motions to Award Expert Witness Fees and Costs in this action with similar cost proceedings in the cases of Collier Count3, v. Cam.~ B. Collins, et al., Case No.: 02-2134-CA, Parcel No.: 218; Collier County v. Big Corkscrew Island Fire District, et al., Case No.: 02-2218-CA, Parcel No. 181; and Collier County' v. Lazaro Herrera, et al., Case No.: 02-2211-CA, Parcel Nos.: 184A and 184B, now pending before the Honorable Ted Brousseau; and This cause having come to be heard on the Parties' Joint Motion, and the Court being fully advised in its premises, it is now therefore ORDERED AND ADJUDGED that Petitioner, COLLHER COUNTY, FLORIDA, shall pay to Respondents the aggregate sum of Six Thousand Two Hundred Fifty Dollars and No/100 ($6,250) for planning services; it is further ORDERED that Petitioner, COLLI]ER COUNTY, FLORIDA shall disburse the sum of SLx Thousand Two Hundred Fit'tv Dollars and No/100 ($6,250) to ROETZEL & ^~',,rDl~ ~'S~ FEB 1 0 200~ Pg. ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901-2904; it is further ORDERED that this Order shall be placed in the court file of each of the above-referenced cases. DoNE AND ORDERED at Naples, Collier County, Florida, this day of ,2004. CIRCUIT COURT JUDGE conformed copies to: Heidi F. Ashton, Esquire Ellen T. ChadweLl, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire Court File - CC v. Gary B. Collins, et al. Court File - CC v. Big Corkscrew Island Fire District, et al. Court File - CC v. Lazaro Herrera, et al. AGREED ORDER AWARDING PLANNING FEES IN CONSOLIDATED CASES The Parties hereby stipulate and respectfully request this Court to enter the foregoing Agreed Order Awarding Planning Fees. Dated: Dated: KENNETH A. JONES, ESQUIRE Florida-Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901-2904 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 El ~1 ~EN T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATI'ORNEYS FOR PETITION]~ NO._ /(a/~ _ FEB 1 0 200 Pg. 6' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to all parties listed below on this __ day of January, 200d. HEIDI F. ASHTON, ESQUIRE SERVICE LIST Parcel 195 Lawrence A. Krahn, Jr. & Dee Ann L. Krahn, his wife, as Trustees under Declaration of Trust Agreement dated 1/31/91, design ated as Trust No. 001 c/o Kenneth A. Jones, Esquire ROET'ZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Parcel 197 Steven V. Ciardullo / Deborah K. Ciardullo c/0 Kenneth A. Jories, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Parcel 218 Darryl J. Damico Brad T. Damico c/o Kenneth A. Jones, Esquire ROET27EI~ & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Parcel 181 Lee Davis, Trustee of the Decil C. Davis Family Trust c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Parcel 184 Lazaro Herrera / Elizabeth Herrera c/o Kenneth A. Jones, Esquire ROETT;F.I. & AN'DRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Berto Herrera / Lucia Herrera c/o Kenneth A. Jones, Esquire ROETZEL & ANDRE. SS 2320 First Street, Suite 1000 Fort Myers, FL 33901 AH Parcels Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES & TUCKER P. O. Box 887 Marco Island. FL 34146 AGENDA ITEM NO._ FEB ! 0 Pg._ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT /iN AND FOR COLLIER COUNTY, FLOR/DA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, Case No.: 02-2118-CA Parcel Nos.: 198, 201 & 202 EXHIBIT JEFFREY A. RICHARDSON, et al. Respondents. / AGREED ORDER AWARDING PLANNING FEES IN CONSOLIDATED CASES WHEREAS,. this Court entered an Order on November 7, 2003 consolidating Motions to Award Expert Witness Fees and Costs in this action with similar cost proceedings in the cases of Collier County v. Efrain Arce, et al., Case No.: 02-2119-CA, Parcel Nos.: 21.lA, 214; Collier Count)' v. Michael S. Cotnbs, et al., Case No.: 02-2135-CA, Parcel No. 174; and Collier Cout~rv v. !rsmael Gonzales, et al., Case No.: 02-2159-CA, Parcel Nos.: 170 and 172, now pending before the Honorable Lawrence D. Martin; and This cause having come to be heard on the Parties' Joint Motion, and the Court being fully advised in its premises, it is now therefore ORDERED AND ADILrDGED that Petitioner, COl J ~IER COUNTY, FLORIDA, shall pay to Respondents the aggregate sum of Six Thousand Two Hundred Fifty, Dollars and No/100 ($6,250) for planning services; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA shall disburse the sum of SLx Thousand Two Hundred Fifty Dollars and No/100 ($6,250) to ROETZEL & ANDR2 ~ TRU°-~' AGENI~,~ ITEM. NO. FEB 1 0 200q ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress,. ,.3_0~ 9 First Street, Suite 1000, Fort Myers, FL 33901-2904; it is further ORDERED that this Order shall be placed in the court file of each of the above-referenced cases. DONE AND ORDERED at Naples, Collier CountY, Florida, this da), of ,2004. conformed copies to: Heidi F. Ashton, Esquire Ellen T. Chadwell, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire Wachovia Bank, N.A. Bank of America, N.A. Court File - CC v. Efrain Arce, et al. Court File - CC v. Michael S. Combs, et al. Court File - CC v. Ismael Gonzales, et al. CIRCUIT COURT JUDGE AGREED ORDER AWARDING PLANNING FEES IN CONSOLIDATED CASES The Parties hereby stipulate and respectfully request this Court to enter the foregoing Agreed Order Awarding Planning Fees. Dated: Dated: ICI~TH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 'Fort Myers, FL 33901-2904 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEy FOR RESPONDENTS HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 EI.I F.N T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEYS FOR PETITIONER NO. /t~l( ~ _ FEB ! 0 200t 7 _ CERTIFICATE OF SERVICE. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to all parties listed below on this __ day of January, 2004. HE]:IDI F. ASHTON, ESQUIRE Parcel 198 Jeffrey A. Richardson c/o Kenneth A. Jones, Esquire ROETTF. I, & ANDRESS '. 2320 First Street, Suite 1000 Fort Myers, FL 33901-3419 Wachovia Bank, N.A. 301 S. College Street Charlotte, NC 28288 Parcel 201 Medm'do T. Sanchez / Oliva Sanchez c/o Kenneth A. Jones, Esquire ROETTEIJ & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Parcel 202 Tim Cherrington Max Chemngton c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite i000 Fort Myers, FL 33901 Parcel 21lA John Vassaras / Joan P. Vassaras c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Parcel 214 Madge Green c/o Kenneth A. Jones, Esquire ROETTEL & ANDRESS 2320 First Street, Suite I000 Fort Myers, FL 33901: Bank of America, N.A. P. O. Box 26041 Greensboro, NC 27420-0000 Parcel 174 Michael S. Combs c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Parcel 170 Earl E. Lightcap, Jr. / Barbara C. Lightcap c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite i000 Fort Myers, FL 33901 Parcel 172 Ronald Combs / Phyllis J. Combs cio Kenneth A. Jones, Esquire ROETTiEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 All Parcels Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES & TUCKER P. O. Box 887 Marco Island, FL 34146 NO. FEB 1 0 200q EXECUTIVE SUMMARY APPROVE AGREED ORDERS AND AUTHORIZE PAYMENT OF APPRAISAL FEES IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ET AL., CASE NO. 02-2159-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: That the Board of County Commissioners approve the Agreed Orders and authorize payment of appraisal fees with respect to Parcels 170 and 172 in the lawsuit styled Collier County vs. Ismael Gonzales, et al., Case No. 02-2159-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcels 170 and 172 for the Immokalee Road project (Project No. 60018). On September 16, 2002, Collier County deposited with the Registry of the Court the sum of $76,800 for Parcels 170 and 172, thereby vesting title in the Parcels in Collier County. On October 15, 2003, Stipulated Final Judgments were entered by the Court wherein the property owners were fully and fairly compensated for the property interests taken and for statutory attorney fees. Appraisal fees in the amount of $4500 are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared Agreed Orders, copies of which are attached as Exhibit "A", wherein the County shall pay the property owners the sum of $2250 for appraisal fees for Parcel 170 and the sum of $2250 for appraisal fees for Parcel 172. The appraiser agreed to reduce his fees by approximately 10%. (~_ISCAL IMPACT: Funds in the amount of $4500 are available in the Transportation Road ~' ~ti~nn ~as ~aax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve Agreed Orders and authorize payment of $4500 to the Roetzel & Andress Trust Account on behalf of the property owners for appraisal fees. SUBMITTED BY: REVIEWED BY: /~ ) ~_/~-"- Date: I~e~F. ~ssistant County Attorney - i~ e/'lt~nj~ks, ROW ~tion Manager Date: Transportation/ECM/ROW [---2 AGENDA ITEM NO. FEB 1 0 200 PI[. REVIEWED BY: REVIEWED BY: APPROVED BY: G~'egg Strakaluse, P E, Director TranspfO/tatio~CM Norn/Feder, 'Ad~ninistrator Tratportation Division David C. Weigel, Count~Attomey Date: Date: Date: 2 FEB 1 0 2~q ~.__ ~2 ,~. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT 1N AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, ISMAEL GONZALES, et al., Respondents. Case No.: 02-2159-CA Parcel No.: 170 / AGREED ORDER come before the Court upon FEB 1 0 200 pe. ,.:3 THIS CAUSE, having joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, EARL E. L1GHTCAP, JR. and BARBARA C. L1GHTCAP, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, EARL E. LIGHTCAP, JR. and BARBARA C. LIGHTCAP, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Two Hundred Fifty Dollars and No/100 ($2250.00) for appraisal tees incun'ed in connection with Parcel 170; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Twenty-Two Hundred Fifty Dollars and No/100 ($2250.00) to ROETZEL & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andmss, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for appraisal fees. DONE AND ORDERED this __ day of January, 2004, in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire JOINT MOTION The Parties, by and through their undersigned attorneys, foregoing Agreed Order. hereby move for entry of the Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM,'-) II NO. _/(,,/r FEB 1 O 200 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, / AGREED ORDER VS. Petitioner, ISMAEL GONZALES, et al., Respondents. Case No.: 02-2159-CA Parcel No.: 172 EXHIBIT Myers, FL 33901 for appraisal fees. AGEND.~ iTEM.---, NO. FEB 1 0 200q THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, RONALD COMBS and PHYLLIS J. COMBS, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, RONALD COMBS and PHYLLIS J. COMBS, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Two Hundred Fifty Dollars and No/100 ($2250.00) for appraisal fees incurred in connection with Parcel 172; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Twenty-Two Hundred Fifty Dollars and No/100 ($2250.00) to ROETZEL & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort DONE AND ORDERED this ~ day of January, 2004, in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire The Parties, by and foregoing Agreed Order. JOINT MOTION through their undersigned attorneys, hereby move for entry of the Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM~ NO._ FEB 1 0 200 Pg.. EXECUTIVE SUMMARY APPROVE AGREED ORDER AND AUTHORIZE THE PAYMENT OF PLANNING FEES IN THE LAWSUIT STYLED COLLIER COUNTY V. LAZARO HERRERA, ET AL., CASE NO. 02-2211-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize the payment of planning fees with respect to Parcel 183 in the lawsuit styled Collier County vs. Lazaro Herrera, et al., Case No. 02-2211-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 183 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $5,000 for Parcel 183, thereby vesting title in the Parcel in Collier County. On October 20, 2003, a Stipulated Final Judgment was entered by the Court wherein the property owners were fully and fairly compensated for the property interests taken and for appraiser fees and statutory attorney fees. Reasonable planning fees are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A", wherein the County shall pay the property owners the sum of $1559.00 for outstanding planning fees for Parcel 183. The planner agreed to reduce his fees by approximately 15%. t IMPACT: Funds in the amount of $1559.00 are available in the Transportation Road i'~n~as ~ax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the Agreed Order and authorize payment of $1559.00 to the Roetzel & Andress Trust Account on behalf of the property owner for planning fees. SUBMITTED BY: REVIEWED BY: ~As~ht .~sss~ Date: He on, orney Date: ,~v~n-H~'-c~ks, ROW ~'i~ition Manager Transportation/ECM/ROW FEB 1 0 200 Pg. ~. REVIEWED BY: REVIEWED BY: APPROVED BY: Gregg Transportation/ECM David C. Weigel, County Attk~ey Date: Date: Date: 2 AGENDA ITEM_ NO. ~ FEB ! 0 200~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, LAZARO HERRERA, et al., Respondents. Case No.: 02-2211-CA Parcel No.: 183 / AGREED ORDER CAUSE, having come before the Com't upon joint motion made by Petitioner, ORDERED AND ADJUDGED that Respondents, LARRY VALENTE and CONSIGLIO N. GIRURASTANTE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifteen Hundred Fifty-Nine Dollars and No/100 ($1559.00) for planning fees incurred in connection with Parcel 183; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Fifteen Hundred Fifty-Nine Dollars and No/100 ($1559.00) to ROETZEL & ANDRESS TRUST Myers, FL 33901 for planning fees. ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort AGENDA ITEIv~ NO. ./~ ~ FEB 1 0 200q P~. -~ hereby THIS COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, LARRY VALENTE and CONSIGLIO N. G1RURASTANTE, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is DONE AND ORDERED this __ day of January, 2004, in Naples, Collier County, Florida. Conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire CIRCUIT COURT JUDGE The Parties, by and through foregoing Agreed Order. JOINT MOTION their undersigned attorneys, hereby move for entry of the Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile A'I'TORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER FEB 1 0 200 Request by the Collier County Educational Facilities A~tl'rority! fi~ approvalkq~f a resolution ....... ; ,;!. · . , . authorizing the Authority to issue revenue bonds to be used to financ~'ed'u~cat~on~a~ facilities for International College and to refund currently outstanding bonds previously issued by the Authority. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Educational Facilities Authority to be used to finance educational facilities for International College and to refund currently outstanding bonds previously issued by the Authority. CONSIDERATIONS: The Educational Facilities Authority has been requested by International College to issue its bonds to finance the construction of its new campus to be located in Fort Myers and to refund the bonds previously issued by the Authority for the campus located in Collier County on Northbrook Drive. Intemational College is headquartered in Collier County, and the Collier County Educational Facilities Authority has provided the financing for the new campus that xvas constructed in 1999, and has financed the purchase of additional lands for future expansion of the Collier County campus. This financing has been through the issuance of revenue bonds. The college has experienced tremendous growth in its Lee County student base, and needs to construct a new campus in Lee County to accommodate this growth. The college has a contract to purchase land in the City of Fort Myers, and intends to construct a campus on that property of approximately the size of the Collier Campus. Because the Collier County Educational Facilities Authority has provided all past financing for the college and is thus familiar with the college, its finances and operations, and because Lee County does not have an educational facilities authority (which by law has the exclusive jurisdiction to issue tax- exeml~t financing for private post-secondary educational facilities of this type), the City of Fort Myers has requested the Authority to issue the bonds for the new construction. As part of the same bond issue, and to save issuance costs by having one issue, the bonds previously issued by the Authority for the Collier campus will be refunded. The refunding of the previous Collier County campus bonds will take advantage of current low interest rates, strengthen the credit structure of the bonds, and help create greater funds to be available for educational purposes. The Authority is authorized under Chapter 163, Florida Statutes, to issue bonds for a project located in another jurisdiction if there is an interlocal agreement between the agencies. The Authority approved the interlocal agreement at its meeting, and the City Council of Fort Myers is scheduled to approve the agreement at the Council's meeting on February 17. The Authority met on January 26, 2004 and heard presentations from International College officials. This was an advertised public meeting that was noticed by publication in the Naples Daily News. No members of the public attended to comment, nor were any comments received by the Authority during the advertising period. At the conclusion of the public hearing, the Authority '- ^GEND M FEB 1 0 200q Pg. determined to proceed with the financing, which involves the issuance of bonds, secured by a mortgage and a pledge of College revenues. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. This was done at the conclusion of its public hearing on January 26. Following this approval, the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower (the College). Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The Collier County facilities were constructed in accordance with all County growth management regulations, and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. The Fort Myers campus will be subject to that City's growth management plan and land development regulations. The adoption of the resolution wilt have a positive impact on Collier County by strengthening the financial position of an educational facility that is instrumental in providing a trained workforce for this County. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Collier County Educational Facilities Authority Approved by: David C. Weigel, Cc}uhty -2- .... · NO. ~ FEB 1 0 200q Pg. ~ RESOLUTION NO. 04- A RESOLUTION OF THE BOARD OF COUNTY.COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AS REQUIRED BY SECTION 147 (f) OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS. WHEREAS, Intemational College, Inc., a Florida corporation not for profit (the "Borrower") has applied to the Collier County Educational Facilities Authority (the "Authority") to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $20,000,000 (hereinafter referred to as the "Bonds" whether issued as multiple bonds or one bond) to be used to (i) pay or reimburse the Borrower for the costs of the acquisition, construction, and equipping of certain educational facilities to be located in the City of Fort Myers, Lee County, Florida (the "City") and described below (the "Project"); (ii) currently refund all or a portion of the Authority's $4,800,000 Educational Facilities Authority Revenue Bonds (International College, Inc. Project), Series 1999 and the Authority's $594,000 Revenue Bond (International College, Inc. Project), Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in connection with the issuance of the Bonds and the refunding of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrower; and WHEREAS, on January 26, 2004 a public hearing was held by the Authority with regard to the issuance of the Authority's Educational Facilities Revenue Bonds, Series 2004 (International College, Inc. Project) in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"); and WHEREAS, on January 26, 2004, the Authority adopted its Resolution 2004-01 (the "Authority Resolution"), a copy of which is attached hereto as Exhibit A and made a part hereof, said Resolution showing on its face that it was adopted after a ptiblic heating upon notice given as set forth therein and as set forth in Exhibit B to the Authority Resolution; and WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to International College, Inc. (the "College") for the purposes set forth above; and WHEREAS, the Bonds will not be an obligation of the County, and will be payable from funds of the College; and WHEREAS, pursuant to the requirements of the Internal Revenue code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bonds it is necessary that the Board of County Commissioners of Collier County approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence its appr?_val of the issuance of the Bonds solely to satisfy the requirements of the Code. AGENDA Il;EM NO. ~ FEB 1 0 200 Pg. ~> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: Section 1. The Board of County Commissioners hereby approves the issuance of the Bonds solely for purposes of Section 147(f) of the Code. Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, its officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their issuance. ' Section 3. This approval shall in no way be deemed to abrogate any regulations of Collier County, and any portion of the Project contemplated by this Resolution located within Collier County shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and all applicable impact fee regulations. Section 4. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 10th day of February, 2004. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Donna Fiala, Chairman [SEALI Approved as to form and,~gal sufficiency: David C. Weigel, Cou~t~ Attorn~ AGEI~, .DA. I,,T.E.IV~ NO. ~ FEB 1 0 2004 H Execution Copy RESOLUTION NO. 2004-01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS EDUCATIONAL FACILITIES REVENUE BONDS (INTERNATIONAL COLLEGE, INC. PROJECT) SERIES 2004 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 TO BE USED TO (i) PAY OR REIMBURSE INTERNATIONAL COLLEGE, INC, A FLORIDA CORPORATION NOT FOR PROFIT (THE "BORROWER") FOR THE COSTS OF THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF CERTAIN EDUCATIONAL FACILITIES TO BE LOCATED IN THE CITY OF FORT MYERS, LEE COUNTY, FLORIDA (THE "PROJECT"); (ii) CURILENTLY REFUND ALL OR A PORTION OF THE AUTHORITY'S $4,800,000 EDUCATIONAL FACILITIES AUTHORITY REVENUE BONDS (INTERNATIONAL COLLEGE, INC. PROJECT), SERIES 1999 AND THE AUTHORITY'S $594,000 REVENUE BOND (INTERNATIONAL COLLEGE, INC. PROJECT), SERIES 2001 (COLLECTIVELY, THE "PRIOR BONDS"); AND (iii) PAY CERTAIN EXPENSES INCURRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND THE REFUNDING OF THE PRIOR BONDS, INCLUDING THE COST OF ANY CREDIT ENHANCEMENT OR LIQUIDITY ENHANCEMENT, IF DEEMED NECESSARY OR DESIRABLE BY THE BORROWER; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY FINANCING AGREEMENT BETWEEN THE AUTHORITY AND THE BORROWER; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT BETWEEN THE AUTHORITY AND THE CITY OF FORT MYERS, FLORIDA; AND PROVIDING FOR RELATED MATTERS. principal amount of not to exceed $20,000,000 (hereinafter referred to as WHEREAS, International College, Inc., a Florida corporation not for profit (the "Borrower") has applied to the Collier County Educational Facilities Authority (the "Authority") to issue a series of its private activity revenue bonds in the initial aggregate AGENDA ITEM_ NO. ~ Exhibit A to BCC Resolution FEB 1 0 200 t Pg. ,,~ whether issued as multiple bonds or one bond) to be used to (i) pay or reimburse the Borrower for the costs of the acquisition, construction, and equipping of certain educational facilities to be located in the City of Fort Myers, Lee County, Florida (the "City") and described below (the "Project"); (ii) currently refund all or a portion of the Authority's $4,800,000 Educational Facilities Authority Revenue Bonds (International College, Inc. Project), Series 1999 and the Authority's $594,000 Revenue Bond (International College, Inc. Project), Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in connection with the issuance of the Bonds and the refunding of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrower; and WHEREAS, the Borrower has requested that the Authority loan the proceeds of the Bonds to the Borrower pursuant to Chapter 243, Part I Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrower to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Borrower and promote the public purposes provided in the Act; and WHEREAS, the Borrower has submitted the Preliminary Financing Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public heating was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project as more particularly described in the notice of public heating attached hereto as Exhibit B; and WHEREAS, the Authority and the City are both "public agencies" as defined in Section 163.01, Florida Statutes, as amended, which is titled the "Florida Interlocal Cooperation Act of 1969" (the"Interlocal Act") and as such "public agencies" are authorized 2 FEB 1 0 200q under the Interlocal Act to enter into interlocal agreements for the purposes described in the Preliminary Agreement, the Interlocal Agreement, and herein; and WHEREAS, the Project is located outside the boundaries of Collier County, Florida, but with the boundaries of the City; and WHEREAS, the Authority has been requested to enter into an interlocal agreement with the City to provide for the issuance of the Bonds; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Borrower; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrower to proceed with the financing of the costs of the Project and the refunding of the Prior Bonds and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project and the refunding of the Prior Bonds by the Authority through the issuance of the Bonds, pursuant to the Act, will improve educational opportunities for the citizens and residents of Collier County and the City, and will promote the economic development, prosperity, health and welfare of the citizens of Collier County and the City, will promote the general economic structure of Collier County and the City, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrower meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. 3 AGF-~..DA. IJE[4. biO. ~ FEB 1 0 200~t Pg. ~ SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behal£ofthe Authority, the Preliminary Agreement, in the form attached hereto as Exhibit A, between the Authority and the Borrower providing understandings relative to the proposed issuance of the Bonds by the Authority in an aggregate principal amount not to exceed the lesser of (a) $20,000,000 or (b) the amount determined by the Authority and the Borrower to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Borrower and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $20,000,000 for the purposes set forth. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. AUTHORIZATION OF INTERLOCAL AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute and deliver an Interlocal Agreement between the Authority and the City in substantially the form as set forth in Exhibit C hereof. SECTION 7. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 8. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with the provisions of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 9. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into between the Authority and the Borrower prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. FEB 1 0 200 SECTION 10. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement o£approval of any necessary rezoning or other land use or development applications nor for any other regulatory permits relating to the Project and the Authority.shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or the City or to have estopped either o£ them from asserting any rights or responsibilities they may have in that regard. SECTION 11. EFFECTIVE DATE. This Resolution shall take e£fect immediately. ADOPTED this 26th day of January, 2004. AC~EI~D,A I.T. EM. ,. NC). ~ FED 1 0 200 Pg. COLLIER COUNTY EDUCATIONAL FACII~ITIES A/UTHORI? f~x~ou~i~ 5~¥~~- ~ 7 Assistant S~cr~t~ pg. ~0 EXHIBIT A TO RESOLUTION 2004-01 PRELIMINARY FINANCING AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Agreement between the Collier County Educational Facilities Authority, a public body corporate and politic (the "Authority") and International College, Inc., a Florida not-for- profit corporation (the "Borrower"). WITNESSETH: 1. Preliminary_ Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) The Act provides that the Authority may issue revenue bonds and loan the proceeds thereof to one or more persons, finns or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifying educational facilities. (b) The Borrower is considering financing the costs of the acquisition, construction and equipping of educational facilities to be owned and operated by the Borrower. (c) The Borrower has applied to the Authority to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $20,000,000 (the "Bonds") to be used to (i) pay or reimburse the Borrower for the costs of the acquisition, construction, and equipping of ce/lain educational facilities to be located in the City of Fort Myers, Lee County, Florida (the "Project"); (ii) currently refund all or a portion of the Authority's $4,800,000 Educational Facilities Authority Revenue Bonds (International College, Inc. Project), Series 1999 and the Authority's $594,000 Revenue Bond (International College, Inc. Project), Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in connection with the issuance of the Bonds and the refunding of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrower. (d) The Authority considers the issuance and sale of the Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes official action of the Authority t(~ward the issuance of the Bonds in accordance with the purposes of the Act and the applicable United States Treasury Regulations. L ........... A-1 AGENDA ITEM NO. ~ FEB 1 0 200~ 2. Undertakings on the Part of the Authority. Subject to the terms hereof, the Authority agrees as follows: (a) The Authority will, subject to the terms hereof, authorize the issuance of the Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to finance the cost of acquiring, constructing and equipping the Project and refunding the Prior Bonds as the Authority and the Borrower shall agree in writing (including costs of issuance of such Bonds), but in all events, the principal amount of such Bonds shall not exceed the lesser of (i) the amount determined by the Authority and the Borrower to be necessary to accomplish the foregoing, or (ii) $20,000,000. (b) The Authority will cooperate with the Borrower and with the underwriters, placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority and the Borrower for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof for the purposes set forth. (c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other series of bonds or otherwise, for the purpose of (1) defraying the cost of completion, enlargements, improvements and expansions of the Project, or any segment thereof, or (2) refunding all or a portion of the Bonds. (d) The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") between the Authority and the Borrower shall, under terms agreed upon. by the parties, provide for payments to be made by the Borrower in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that those facilities encompassed by the Project will be suitable for the purposes or needs of the Borrower. (f) The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements between the Authority and the Borrower A-2 No.AGF'~'D'A~!T'~"~ [ FEB 1 0 200q P~. or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, the City, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of each.of the Bonds. (g) Issuance of the Bonds by the Authority shall be contingent upon satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, and the approval by the Board of County Commissioners of Collier County, Florida and the City Council of the City in accordance with the provisions of Section 147(0 of the Code. 3. Undertakings on the Part of the Borrower. Subject to the terms hereof, the Borrower agrees as follows: (a) The Borrower will use reasonable efforts to insure that the Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority and the Borrower. (b) Prior to the issuance of the Bonds in the principal amount stated above in one or more series from time to time as the Authority and the Borrower shall agree in writing, the Borrower will enter into the Financing Agreements with the Authority, the terms of which shall be mutually agreeable to the Authority and the Borrower, providing for the loan or use of the proceeds of the Bonds in accordance with the purposes set forth herein. Such Financing Agreements will provide that the Borrower will be obligated to pay the Authority (subject to any assignment pursuant to the Financing Agreements, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption prem. ium, if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. (c) The Borrower shall, in addition to paying the amounts set forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project. (d) To the extent not otherwise paid from Bond proceeds, the Borrower hereby agrees to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of-pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds and (iii) all fees and expenses of Donald A. Pickworth, P.A., Counsel to the Authority, and ofNabors, Giblin & Nickerson, P.A., Bond Counsel. A-3 AGF~D,A ! .'T~,E M~,~ NO. ~ FEB 1 0 200~ (e) The Borrower will hold the Authority, Collier County, and the City free and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of the Project. (f) The Borrower agrees to indemnify and defend the Authority, Collier County, and the City (the "Indemnified Parties") and hold the Indemnified Parties and any officer or employee thereof harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the Project or the issuance of the Bonds and the Borrower's undertaking thereof, or in any way growing out of or resulting from this Agreement including, without limitation, all costs and expenses of the Authority and reasonable attorneys' fees incurred in the enforcement of any agreement of the Borrower contained herein. In the event that the Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement. (g) The Borrower will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. 4. General Provisions. All commitments of the Authority under Section 2 hereof and of the Borrower under Section 3 hereof are subject to the conditions that all of the following events shall have occurred not later than January 1, 2005, or such other date as shall be mutually satisfactory to the Authority and the Borrower: (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority and the Borrower shall have agreed on mutually acceptable terms for th.e Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instruments or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfactory to the Borrower and the Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority and the Borrower, shall have been obtained from the Internal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Bonds. (d) of counsel Such other rulings; approvals, consents, certificates of compliance, opinions and other instruments and proceedings satisfactory to the Borrower and the AGENDA ITEM A-4 NO. ~ FEB 1 O 200/~ Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or instruments, as shall be specified by the Borrower or the Authority, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with all applicable provisions of Chapters 243, 189, 215 and 218, Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the Bonds, the interest rates thereon, the type of purchasers of the Bonds and the terms on which the Bonds may otherwise be issued. (f) Notwithstanding any other terms hereof, nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Borrower agrees that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereofi If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, the Borrower agrees that it will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Corporation's request arising from the execution of this Agreement and the performance by the Authority of its obligations hereunder, including reasonable legal fees and expenses for Counsel to the Authority and Bond Counsel. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the Authority and the Borrower shall bind and inure to the benefit of the respective successors and assigns of the Authority and the Borrower whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunder duly authorized as of the 26th day of January, 2004. [Remainder of page intentionally left blank, signatures on following page] A-5 FEB 1 0 200q Pg. COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY INTERNATIONAL COLLEGE, INC. NO. ~ FEB 1 0 ?.OOzt EXHIBIT B TO RESOLUTION 2004-01 AFFIDAVIT OF PUBLICATION OF NOTICE OF PUBLIC HEARING AGEN, D. A i.T~IV~, ~ NO. ~ FEB 1 0 200~ Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News PICKWORTH, DONALD P.A. 5150 TT~II~MI TRL N #502 NAPLES FL 34103 REFERENCE: 010784 58783514 Notice of Special Me State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/1t AD SPACE: 276.000 INCH FILED ON: 01/12/04 ? Signature of Affiant /3 Sworn to and Subscribed before me this ~-~ day of )u~ 24, 2001 educational fadiRles to be located In the city of lion of th~ Author~'$ $4~0~,000 EctucaUonaJ Faclll- I leoe. Inc. Protect3. S~rles 1999 and the Autrmrlty=s I subject to certain con,~ltlons (the Alnducernent ~ house offices, ca~)a~Psro~ms, and relat~ aMmlnis- Range 25 ~a~& Lee Co~Jnty, Florida. nlzecl under the laws of th~ State ot Ftorlda 5150 NOrth T~"alami TraJI, Suite S02 N~ Flo.'ld · ~4~ Written comments received In advanoe o! the hear- Ino, and oral contment~ ma~e et the hearlrl~ are fo~ the ~ of the Aub'mrh~ ired wm not bind ~ Authortty. Copies of the apolIcatJon for fl* ~11~ the ~ Int~l~ AOre~qnen& the Ir. m~t'a~ my&Il·bi· l'ot II~peCt~o~ m~t copying at the offices of the Ge~ra/ cmarisel aAd the Collle~ COU~ Eco~ Deveto~meft Council a.s set forth SHOULD A~ Prr. RSO~ DEC~D~ TO ~,PPEA[ ANY DECI- SION MAD~ BY THE AUTHORiT~ WITH RESPECT TO THE PROCEEDINGS I'; MADE, WHICH RECORD CLb*DES THE TESTIMONY AND EVIDENCE UPON i ~.,,: ~./..~ -;;,¢, ~,,~- .. . _ . FEB 1 0 200q ~,~.*h}¢.* 3 .:*', · *, ,-.:': ~,' ....,. pg. : ..i.: ~i~":.- '. '~': ::'i. EXHIBIT C TO RESOLUTION 2004-01 FORM OF INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AND CITY OF FORT MYERS, FLORIDA FEB 1 0 200~ This instrument was prepared by or under the supervision of(and after recording should be returned to): Christopher M. Traber, Esq. Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive, Suite 1060 Tampa, Florida 33607 (Space reserved for Clerk of Court) INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AND THE CITY OF FORT MYERS, FLORIDA WHEREAS, the Collier County Educational Facilities Authority (the "Issuer") is a public body corporate and politic and a public instrumentality organized and existing under the laws of the State of Florida including, particularly, Chapter 243, Part I, Florida Statutes; and WHEREAS, the Issuer has received an application from International College, Inc., a Florida not-for-profit corporation (the "Borrower") requesting that the Issuer issue its educational facilities revenue bonds in an amount not to exceed $20,000,000 and loan the proceeds from the sale thereof to the Borrower for the principal purpose of providing funds sufficient to (i) pay or reimburse the Borrower for the costs of the acquisition, construction, and equipping of certain educational facilities to be located in the City, Florida (the "Project"); (ii) currently refund all or a portion of the Issuer's $4,800,000 Educational Facilities Authority Revenue Bonds (International College, Inc. Project), Series 1999 and the Issuer's $594,000 Revenue Bond (International College, Inc. Project), Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in connection with the issuance of the Bonds (as defined below) and the refunding of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrower, as described in the Preliminary Financing Agreement between the Issuer and the Borrower, dated as of January 26, 2004; and WHEREAS, the Issuer has given its preliminary approval to the issuance of its educational facilities revenue bonds in one or more series and in the aggregate principal amount of not exceeding $20,000,000 (the "Bonds"), pursuant to the authority of Chapter 243, Part I, Florida Statutes, Chapter 163, Part I, Florida Statutes and other applicable provisions of law (collectively, the "Act"), for the purposes described above; and WHEREAS, the Bonds shall be secured solely by revenues described in the Indenture of Trust to be dated as of March 1, 2004 between the Issuer and (the "Trustee") (including any amendments and supplements thereto, the "Indenture"), and the payment of the principal of and premium, if any, and AGENDA IIEM NO. ~ FEB 1 0 200q pg. ~0 interest on the Bonds as the same shall become due shall be made solely by the Borrower in the amounts and from the sources as required by the Indenture and that certain Loan Agreement to be dated as of March 1, 2004, between the Issuer and the Borrower (including any amendments and supplements thereto, the "Loan Agreement"); and WHEREAS, it is deemed desirable by both the Issuer and the City of Fort Myers, Florida (the "City") that the Issuer and the City enter into this Interlocal Agreement, as provided for and under the authority of Part I, Chapter 163, Florida Statutes, in order to assist the Borrower in the f'mancing of the Project located in the municipal boundaries of the City, as more fully described in the Indenture and the Loan Agreement; and WHEREAS, the Issuer and the City have determined that the loan of funds derived from the proceeds of the Bonds to the Borrower pursuant to the terms of the Indenture and the Loan Agreement will assist in providing modem and efficient educational facilities and equipment as is commensurate with a desirable level of quality education in Collier County and the City, and shall serve the public purposes of the Act, the Project is appropriate to the needs and circumstances of, and shall make a significant contribution to, the provision of educational facilities in Collier County and the City and the respective inhabitants thereof; and WHEREAS, neither the Issuer, Collier County, the City, nor the State of Florida or any political subdivision or agency thereof shall in any way be obligated to pay the principal, premium, if any, or interest on the Bonds as the same shall become due, and the issuance of the Bonds shall not directly, indirectly, or contingently obligate the Issuer, Collier County, the City, the State of Florida, or any political subdivision or agency thereof to levy or pledge any form of taxation whatsoever therefor or to make any appropriation from ad valorem taxation revenues for their payment; and WHEREAS, on the date hereof, following a duly noticed public hearing held by the City Council of the City (the "City Council"), for the purpose of giving all interested persons an opportunity to express their views, either orally or in writing, on the proposed issuance of the Bonds, the City Council, which has jurisdiction for purposes of Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), over the area in which a the Project is located, approved the execution and delivery of this lnterlocal Agreement, the issuance of the Bonds by the Issuer and the application of the proceeds thereof; and NOW, THEREFORE, THIS INTERLOCAL AGREEMENT, BETWEEN COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AND THE CITY OF FORT MYERS, FLORIDA, WITNESSETH AS FOLLOWS: 2 FEB 1 O 2OO SECTION 1. PURPOSE. The Borrower shall borrow funds derived from the proceeds of the Bonds issued by the Issuer for the principal purpose of paying for the cost of the Project and refunding the Prior Bonds as contemplated by the Indenture and the Loan Agreement and the funds shall be repaid solely from the revenues of the Borrower pursuant to the terms of the Indenture and Loan Agreement and the funds shall be duly expended for their stated purpose. The City hereby acknowledges and approves the issuance of the Bonds and loan of the proceeds thereof to the Borrower to fmance the Project located in the municipal boundaries of the City. The City acknowledges that the approval being granted by the City is being provided solely for the purpose of complying with the host approval requirements of the Act and Section 147(0 of the Code and the Issuer and the City are entering into this Interlocal Agreement in order to more effectively perform the Issuer's function related to the provision of adequate educational facilities pursuant to the powers granted under Section 163.01, Florida Statutes, as amended. SECTION 2. PUBLIC AGENCIES; TERM. At all times prior to and during the term of this Interlocal Agreement, the Issuer and the City constitute "public agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, and both the Issuer and the City have the power and authority to enter into this Interlocal Agreement for the purposes provided herein. This Interlocal Agreement shall remain in full force and effect for so long as the Bonds remain outstanding. SECTION 3. NON-DELEGATION OF DUTIES. This Interlocal Agreement shall in no way be interpreted to authorize the delegation of the constitutional or statutory duties of the Issuer, Collier County, the City, the State of Florida or any political subdivision or agency thereof or any members or officers thereof. SECTION 4. NO PECUNIARY LIABILITY OF THE CITY; LIMITED OBLIGATION OF ISSUER. Neither this Interlocal Agreement nor the Bonds shall be deemed to constitute a general debt, liability, or obligation of or a pledge of the faith and credit of the Issuer, Collier County, the City, the State of Florida, or any political subdivision or agency thereof. The issuance of the Bonds pursuant to this Interlocal Agreement shall not directly, indirectly, or contingently obligate the Issuer, Collier County, the City, the State of Florida, or any political subdivision or agency thereof to levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation for their payment. SECTION5. RELIANCE; INDEMNIFICATION. In executing and delivering this Interlocal Agreement, the City is relying on the representations, warranties and covenants to be made by the Borrower in the Loan Agreement, including but not limited to, a covenant with respect to the use of the Project for the purpose of providing AGEN. qA I,TF~M,: NO. ~ FEB 1 0 200q Pg. ~..~- educational facilities in the City, as such term is defined in the Act. The City shall be deemed to be a third party beneficiary to the Loan Agreement for the purposes of relying on such covenant of the Borrower, and shall be entitled to rely on the indemnification provided by the Borrower pursuant to such Loan Agreement (and references to the Issuer in the Loan Agreement shall include the City) if the Borrower fails to perform such covenant. It shall be an express condition to the effectiveness of this Interlocal Agreement that the Loan Agreement contain the above-referenced covenant of the Borrower. SECTION 6. NO PERSONAL LIABILITY. No covenant or agreement contained in this Interlocal Agreement shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the Issuer or the City in his or her individual capacity and no member, officer, agent or employee of the Issuer or the City or their respective governing bodies shall be liable personally on this Interlocal Agreement or be subject to any personal liability or accountability by reason of the execution of this Interlocal Agreement. SECTION 7. QUALIFYING PROJECT; IMPACT OF PROJECT. Exhibit A attached hereto describes the Project. This description was relied upon by the City in authorizing the execution of this Interlocal Agreement. Based on the description of the Project, the City hereby f'mds that it is able to cope satisfactorily with the impact of the Project, and is able to provide, or cause to be provided when needed, all the public facilities, utilities and services that will be necessary for the operation, repair, improvement and maintenance of the Project, and on account of any increase in population or other circumstances resulting by reason of the location of the Project within the City. SECTION 8. FILING OF INTERLOCAL AGREEMENT. It is agreed that this Interlocal Agreement shall be filed by the Borrower or its authorized agent or representative with the Clerk of the Circuit Court of Lee County, Florida, and with the Clerk of the Circuit Court of Collier County, Florida, all in accordance with the Chapter 163, Part I, Florida Statutes, and that this Interlocal Agreement shall not become effective until so filed. SECTION 9. INDEMNITY; EXPENSES. The Borrower, by its approval and acknowledgment at the end of this Interlocal Agreement, agrees to indemnify and hold harmless the Issuer and the City, and their respective officers, employees and agents, from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever, including, but not limited to, losses, claims, damages, liabilities or expenses (including reasonable fees and expenses of attorneys, accountants, consultants and other experts), arising out of, resulting from, or in 4 AGF. I~,I~ ,[.T,..~IVJ.. ,~ NO. FEB 1 0 200 any way connected with this Interlocal Agreement or the issuance of the Bonds, other than any such losses, damages, liabilities or expenses, in the case of the City, arising from the willful misconduct of the City, and, in the case of the Issuer, arising from the willful misconduct of the Issuer. The Borrower agrees to pay the City for its reasonable expenses related to the issuance of the Bonds. SECTION 10. GOVERNING LAW. This Interlocal Agreement is being delivered and is intended to be performed in the State of Florida, and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of such State. SECTION 11. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION12. EXECUTION IN COUNTERPARTS. This Interlocal Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Interlocal Agreement by signing any such counterpart. [Signature page follows] AG EN, D,A I,~E I~,~ NO. FEB 1 0 200 This instrument was prepared by or under the supervision of(and after recording should be returned to): Christopher M. Traber, Esq. Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive, Suite 1060 Tampa, Florida 33607 (Space reserved for Clerk of Court) INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AND THE CITY OF FORT MYERS, FLORIDA WHEREAS, the Collier County Educational Facilities Authority (the "Issuer") is a public body corporate and politic and a public instrumentality organized and existing under the laws of the State of Florida including, particularly, Chapter 243, Part I, Florida Statutes; and WHEREAS, the Issuer has received an application from International College, Inc., a Florida not-for-profit corporation (the "Borrower") requesting that the Issuer issue its educational facilities revenue bonds in an amount not to exceed $20,000,000 and loan the proceeds from the sale thereof to the Borrower for the principal purpose of providing funds sufficient to (i) pay or reimburse the Borrower for the costs of the acquisition, construction, and equipping of certain educational facilities to be located in the City, Florida ( the "Project"); (ii) currently refund all o r a portion o f t he Issuer's $ 4,800,000 Educational Facilities Authority Revenue Bonds (International College, Inc. Project), Series 1999 and the Issuer's $594,000 Revenue Bond (International College, Inc. Project), Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in connection with the issuance of the Bonds (as defined below) and the refunding of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrower, as described in the Preliminary Financing Agreement between the Issuer and the Borrower, dated as of January 26, 2004; and WHEREAS, the Issuer has given its preliminary approval to the issuance of its educational facilities revenue bonds in one or more series and in the aggregate principal amount of not exceeding $20,000,000 (the "Bonds"), pursuant to the authority of Chapter 243, Part I, Florida Statutes, Chapter 163, Part I, Florida Statutes and other applicable provisions of law (collectively, the "Act"), for the purposes described above; and WHEREAS, the Bonds shall be secured solely by revenues described in the Indenture of Trust to be dated as of March 1, 2004 between the Issuer and (the "Trustee") (including any amendments an thereto, the "Indenture"), and the payment of the principal of and premir FEB 1 0 200q p~. ,.~" interest on the Bonds as the same shall become due shall be made solely by the Borrower in the amounts and from the sources as required by the Indenture and that certain Loan Agreement to be dated as of March 1, 2004, between the Issuer and the Borrower (including any amendments and supplements thereto, the "Loan Agreement"); and WHEREAS, it is deemed desirable by both the Issuer and the City of Fort Myers, Florida (the "City") that the Issuer and the City enter into this Interlocal Agreement, as provided for and under the authority of Part I, Chapter 163, Florida Statutes, in order to assist the Borrower in the financing of the Project located in the municipal boundaries of the City, as more fully described in the Indenture and the Loan Agreement; and WHEREAS, the Issuer and the City have determined that the loan of funds derived from the proceeds of the Bonds to the Borrower pursuant to the terms of the Indenture and the Loan Agreement will assist in providing modem and efficient educational facilities and equipment as is commensurate with a desirable level of quality education in Collier County and the City, and shall serve the public purposes of the Act, the Project is appropriate to the needs and circumstances of, and shall make a significant contribution to, the provision of educational facilities in Collier County and the City and the respective inhabitants thereof; and WHEREAS, neither the Issuer, Collier County, the City, nor the State of Florida or any political subdivision or agency thereof shall in any way be obligated to pay the principal, premium, if any, or interest on the Bonds as the same shall become due, and the issuance of the Bonds shall not directly, indirectly, or contingently obligate the Issuer, Collier County, the City, the State of Florida, or any political subdivision or agency thereof to levy or pledge any form of taxation whatsoever therefor or to make any appropriation from ad valorem taxation revenues for their payment; and WHEREAS, on the date hereof, following a duly noticed public hearing held by the City Council of the City (the "City Council"), for the purpose of giving all interested persons an opportunity to express their views, either orally or in writing, on the proposed issuance of the Bonds, the City Council, which has jurisdiction for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), over the area in which a the Project is located, approved the execution and delivery of this Inteflocal Agreement, the issuance of the Bonds by the Issuer and the application of the proceeds thereof; and NOW, THEREFORE, THIS INTERLOCAL AGREEMENT, BETWEEN COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AND THE CITY OF FORT MYERS, FLORIDA} WITNESSETH AS FOLLOWS: SECTION 1. PURPOSE. The Borrower shall borrow funds derived from the proceeds of the Bonds issued by the Issuer for the principal purpose of paying for the cost of the Project and refunding the Prior Bonds as contemplated by the Indenture and the Loan Agreement and the funds shall be repaid solely from the revenues of the Borrower pursuant to the terms of the Indenture and Loan Agreement and the funds shall be duly expended for their stated purpose. The City hereby acknowledges and approves the issuance of the Bonds and loan of the proceeds thereof to the Borrower to finance the Project located in the municipal boundaries of the City. The City acknowledges that the approval being granted by the City is being provided solely for the purpose of complying with the host approval requirements of the Act and Section 147(0 of the Code and the Issuer and the City are entering into this Interlocal Agreement in order to more effectively perform the Issuer's function related to the provision of adequate educational facilities pursuant to the powers granted under Section 163.01, Florida Statutes, as amended. SECTION 2. PUBLIC AGENCIES; TERM. At all times prior to and during the term of this Inteflocal Agreement, the Issuer and the City constitute "public agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, and both the Issuer and the City have the power and authority to enter into this Interlocal Agreement for the purposes provided herein. This Interlocal Agreement shall remain in full force and effect for so long as the Bonds remain outstanding. SECTION 3. NON-DELEGATION OF DUTIES. This Interlocal Agreement shall in no way be interpreted to authorize the delegation of the constitutional or statutory duties of the Issuer, Collier County, the City, the State of Florida or any political subdivision or agency thereof or any members or officers thereofi SECTION 4. NO PECUNIARY LIABILITY OF THE CITY; LIMITED OBLIGATION OF ISSUER. Neither this Interlocal Agreement nor the Bonds shall be deemed to constitute a general debt, liability, or obligation of or a pledge of the faith and credit of the Issuer, Collier County, the City, the State of Florida, or any political subdivision or agency thereof. The issuance of the Bonds pursuant to this Interlocal Agreement shall not directly, indirectly, or contingently obligate the Issuer, Collier County, the City, the State of Florida, or any political subdivision or agency thereof to levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation for their payment. SECTION5. RELIANCE; INDEMNIFICATION. In executing and delivering this Interlocal Agreement, the City is relying on the representations, warranties and covenants t o b e made b y t he Borrower i n t he Loan Agreement, including b ut not limited to, a covenant with respect to the use of the Project for the purpos~e 0~ ..P.r°v-iding-~--' 3 FEB 1 0 200~ educational facilities in the City, as such term is defined in the Act. The City shall be deemed to be a third party beneficiary to the Loan Agreement for the purposes of relying on such covenant of the Borrower, and shall be entitled to rely on the indemnification provided by the Borrower pursuant to such Loan Agreement (and references to the Issuer in the Loan Agreement shall include the City) if the Borrower fails to perform such covenant. It shall be an express condition to the effectiveness of this Interlocal Agreement that the Loan Agreement contain the above-referenced covenant of the Borrower. SECTION 6. NO PERSONAL LIABILITY. No covenant or agreement contained in this Interlocal Agreement shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the Issuer or the City in his or her individual capacity and n o member, o ~cer, agent or employee of the Issuer or the City or their respective governing bodies shall be liable personally on this Interlocal Agreement or be subject to any personal liability or accountability by reason of the execution of this Interlocal Agreement. SECTION 7. QUALIFYING PROJECT; IMPACT OF PROJECT. Exhibit A attached hereto describes the Project. This description was relied upon by the City in authorizing the execution of this Interlocal Agreement. Based on the description of the Project, the City hereby finds that it is able to cope satisfactorily with the impact of the Project, and is able to provide, or cause to be provided when needed, all the public facilities, utilities and services that will be necessary for the operation, repair, improvement and maintenance of the Project, and on account of any increase in population or other circumstances resulting by reason of the location of the Project within the City. SECTION 8. FILING OF INTERLOCAL AGREEMENT. It is agreed that this Inteflocal Agreement shall be filed by the Borrower or its authorized agent or representative with the Clerk of the Circuit Court of Lee County, Florida, and with the Clerk of the Circuit Court of Collier County, Florida, all in accordance with the Chapter 163, Part I, Florida Statutes, and that this Interlocal Agreement shall not become effective until so filed. SECTION 9. INDEMNITY; EXPENSES. The Borrower, by its approval and acknowledgment a t the end of this Inteflocal Agreement, agrees to indemnify and hold harmless the Issuer and the City, and their respective officers, employees and agents, from a nd against a ny and a 111 osses, claims, damages, liabilities o r expenses, o f e very conceivable kind, character and. nature whatsoever, including, but not limited to, losses, claims, damages, liabilities or expenses (including reasonable fees and expenses of attorneys, accountants, consultants and other experts), arising out of, resu tin~fmm: or in AGENDA JT. EM Pg. ~,8 any way connected with this Interlocal Agreement or the issuance of the Bonds, other than any such losses, damages, liabilities or expenses, in the case of the City, arising from the willful misconduct of the City, and, in the case of the Issuer, arising from the willful misconduct of the Issuer. The Borrower agrees to pay the City for its reasonable expenses related to the issuance of the Bonds. SECTION 10. GOVERNING LAW. This Interlocal Agreement is being delivered and is intended to be performed in the State of Florida, and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of such State. SECTION 11. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION12. EXECUTION IN COUNTERPARTS. This Interlocal Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Interlocal Agreement by signing any such counterpart. [Signature pages follow] 5 NO. ~ FEB 1 O 2OOq IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the Issuer which has caused this Interlocal Agreement to be executed by its Chair or Vice-Chair, its seal affixed hereto, as attested by its Assistant Secretary all as of the __ day of ., 2004. COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY (SEAL) Alice J. Carlson, Chair ATTEST: Assistant Secretary STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of January, 2004, by Alice J. Carlson, Chair of the Collier County Educational Facilities Authority, who is personally known to me/has produced as identification. (SEAL) Printed/Typed Name: Notary Public-State of Florida Commission Number: 6 IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the City by its Mayor, its seal affixed hereto, as attested by its City Clerk all as of the __ day of ,2004. (SEAL) ATTEST: CITY OF FORT MYERS, FLORIDA Jim Humphrey, Mayor City Clerk APPROVED AS TO FORM City Attorney STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this __ day of January, 2004, by Jim Humphrey, Mayor of the City of Fort Myers, Florida, who is personally known to me/has produced as identification. (SEAL) Printed/Typed Name: Notary Public-State of Florida Commission Number: 7 FEB 1 0 200q pg. APPROVAL AND ACKNOWLEDGMENT OF THE BORROWER The undersigned, Terry P. McMahan, President of and on behalf of International College, Inc., hereby approves this Interlocal Agreement and acknowledges its acceptance of its obligations arising thereunder, by causing this Approval and Acknowledgment to be executed by its proper officer and attested by its proper officer all as of the date of said Inteflocal Agreement. INTERNATIONAL COLLEGE, INC. (SEAL) ATTEST: Terry P. McMahan, President John W. White, Vice President of Finance STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of January, 2004, by Terry P. McMahan, President of and on behalf of International College, Inc., who is personally known to me/has produced as identification. (SEAL) Printed/Typed Name: Notary Public-State of Florida Commission Number: AGEN. D. A,IT.EI~. ~ NO. ~ FEB 1 O EXHIBIT A DESCRIPTION OF PROJECT Project Description: Construction of a concrete block building of approximately 60,000 square feet to house o£fices, classrooms, and related administrative and instructional space. Project Location: The site is on the north side of Colonial Boulevard, (SR 884) at its intersection with Winkler A venue (west side o f W inkier Avenue), i n the City, Lee County, Florida. The site contains 13.049 acres, more or less, and is located in Parcel B, Newmans Terrace, according to the plat thereof recorded at Plat Book 6, Page 41, of the Public Records of Lee County, Florida, and is in the northwest quarter of Section 33 Township 44 South, Range 25 East, Lee County, Florida. Initial Owner and Operator: International College, Inc., a private not for profit corporation organized under the laws of the State of Florida. FEB 1 0 200 8060 January 26, 2004 ~98 - 1161 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: February 10, 2004 Agenda Dear David: I am enclosing the following doo_~ments for inclusion in the February 10, 2004 A§enda with regard to the Collier County Educational Facilities Authority: 1. Executive Summary relating to approval of Educational Facilities Authority Bonds for educational facilities owned and operated by International College. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of February 10, 2004 approving the Bonds. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Th~nk you for your assis~_ance in this, and if you any questions or need furthc~ information, please contact me. Vff~~S~orth Enclosures AGENp, A IJ.~,M/ NO. ~ FEB 1 0 200q EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 117 IN THE LAWSUIT STYLED COLLIER COUNTY I/. THE ORCHARDS COMMUNITY ASSOC., INC., ET AL., CASE NO. 02-1635-CA (LIVINGSTON ROAD PROJECT #62071). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 117 for the Livingston Road project in the lawsuit styled Collier County v. The Orchards Community Assoc., Inc., et al., Case No. 02-1635-CA. CONSIDERATIONS: On August 27, 2002 a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 117 for the Livingston Road project (Project No. 62071). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $78,200.00 for Parcel 117 in accordance with the Stipulated Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby Respondent, Zom Vanderbilt, Ltd., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No.2002-98). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $93,750.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 117. In addition, the Stipulated Final Judgment provides that $2,500.00 will be paid to the Respondent as a reasonable attorney's fees and $3,365.00 will be paid to Respondent for expert witness fees and costs. The Stipulated Final Judgment provides that Collier County shall pay the total amount of $21,700.00 to Respondent, Zom Vanderbilt, Ltd., within 30 days of the date of the Stipulated Final Judgment. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. u lSCAL IMPACT: Funds in the amount of $21,700.00 are available in the FY 04 adopted dget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and sc, mDB NO FEB 1 0 200it direct staff to pay the sum of $21,700.00 to Respondent, Zom Vanderbilt, Ltd. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: APPROVED BY: Ellen T. Chadwell/ Right of Wa~ Acquisition Transpo~ation Utilities & Engineering Dept. Gregg Strakaluse, P.E., Director Transpo~ation Engineering & Constru~on Management ¢ ~~strator No~ E. Fed~r, Ad ' ' Trans o~ation Division / ~avid C. Weigel, Co~y Att~ey- Date: Date: Date: Date: Date: AGENDA ITEM NO. FEB 1 0 200q p~. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. THE ORCHARDS COMMUNITY ASSOC., INC., et al., Respondents. Case No..: 02-1635-CA Parcel No.: 117 STIPULATED FINAL JUDGMENT AS TO PARCEL 117 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, ZOM VANDERBILT, LTD., by and through his undersigned counsel, Kurt H. Garber, Esq., for entry of a Stipulated Final Judgment as to Parcel No. 117, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, ZOM VANDERBILT, LTD., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, ZOM VANDERBILT, LTD., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Ninety Three Thousand Seven Hundred Fifty and No/100 Dollars ($93,750.00) for Parcel No. 117 as full payment for the property interests taken and for damages resulting to the remainder, if less than the__e_n_t_ir_e..p~~ AGENDA ITEM., was taken, business damages, and for all other damages in connection with said arc~t~tis ~,--ho?[~(~._~ FEB 1 0 200q Pa. ORDERED that Respondent, ZOM VANDERBILT, LTD., receive from Petitioner as a reasonable attorney's fee the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 117; it is further ORDERED that Respondent, ZOM VANDERB1LT, LTD., receive from Petitioner as reasonable expert witness fees and costs pursuant to Section 73.091, Florida Statutes, the sum of Three Thousand Six Hundred Fifty and No/100 Dollars ($3,650.00). Except as provided herein, no expert witness fees and defense costs shall be awarded in connection with the above- styled cause of action as it relates to Parcel No. 117; it is further ORDERED that Petitioner shall deposit an additional Twenty One Thousand Seven Hundred and No/100 Dollars ($ 21,700.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount of Twenty One Thousand Seven Hundred and No/100 Dollars ($ 21,700.00) to Wilson, Garber & Small, P.A. Trust Account, c/o Kurt H. Garber, Esq., Wilson, Garber & Small, P.A., 437 North Magnolia Ave., Orlando, FL 32801-1524, less any amounts previously paid for the benefit of Respondent, ZOM VANDERBILT, LTD.; it is further ORDERED that disbursement to Respondent, ZOM VANDERBILT, LTD., is subject to any claims of mortgagees; it is further ORDERED that title to Parcel No. 117, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated August 27, 2002, and the deposit of money heretofOre made, are approved, ratified, and AGENDA~ confirmed; it is further NO. FEB 1 0 20Oq 2 Pg. ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3025, Page 3077of the Public Records of Collier County, Florida be dismissed as to Parcel No. 117; and it is further ORDERED that Petitioner shall construct this project in substantial accordance with the construction plans and specifications for this project attached hereto and incorporated herein as Exhibit "B"; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2004. LAWRENCE MARTIN Circuit Court Judge conformed copies to: Ellen T. Chadwell, Assistant County Attorney Kurt H. Garber, Esquire E. Glenn Tucker, Esquire Wachovia Bank, N.A. Bookkeeping AGE. ND&,ITEM NO. ~ FEB 1 0 200 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, together with Respondent, ZOM VANDERBILT, LTD., by and through their respective undersigned counsel, respectfUlly move for entry of the foregoing Stipulated Final Judgment as to Parcel No. 117. Dated: Dated: KURT H. GARBER, ESQ. Florida Bar No. 0019496 WILSON, GARBER & SMALL, P.A. 437 North Magnolia Avenue Orlando,.FL 32801-1524 407/843-4321 - Telephone Attorney for Zom Vanderbilt, Ltd. ELLEN T. CHADWELL, ESQ. Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 239/774-8400 o Telephone 239/774-0225 - Facsimile Attorney for Collier County, Florida 4 AGENDA ITEM NO. ~ FEB 0 200 , PS.- ~ ~ PROJECT NO.: .62g_ZL__ PROJECT PARCEL NO.: 1)7 __ [AX PARCEL NO,: DESCRIPTION: PARCEL 117 EXHIBIT A PARCEL Of LAND LOCATED IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE RUN SOUTH 89'55'53" EAST ALONG THC' NORTH LINE OF SAID SECTION 6 AND :THE SOUTHERLY RIGHT-OF-WAY UNE OF VANDERBILT BEACH ROAD EXTENSION (150 RIGHT-OF-WAY), A DISTANCE OF 565.88 FEET; IHENCE RUN SOUTH 45'04-'27" WEST, A DISTANCE OF 14.14 FEET; THENCE RUN NORTH §9'55'53" WEST AND PARALLEL WITH SAID NORTH LINE OF SECTION 6 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSIQN, A DISTANCE OF 555.90 FLEET; THENCE RUN NORTH 89'39°40" WEST AND PARALLEL WITH THE NORTH LINE OF SECTION 1, TbWNSHIP 49 SOUTH, RANGE 25 EAST, A DISTANCE OF 24.5~ FEET; THENCE RUN NORTH 02'22'15" WEST AND PARALLEL WITH THE WEST LINE OF SAID SECTION 6, A DISTANCE OF 10.01 FEET TO AN INTERSECTION WITH SAID NORTH LINE OF SECTION 1 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION; THENCE RUN SOUTH 89'5g'4.0" EAST ALONG SAID NORTFI LINE OF SECTION 1 AND THE SOUTHERLY RIGHT-- OF-WAY LINE OF VANDERBILT BEACH ROAD EX~'ENSION; A DISTANCE OF 25.03 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.1.34 ACRES OF LAND, MORE OR LESS. FEE SIMPLE INTEREST AGEND~ ITEM ~- ) NO. ~ FEB 10 200~ SKETCH AND DESCRIPTION SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC. ENelI~EERI, I~URVEYORI AND EOOLDell~l PROJECT NO.: 62071 PROJECT PARCEL NO.: 117 TAX PARCEL NO.: pot?IT OF' / ~'""0 ~ ~" VANDERBILT BEACH ROAD EXTENSION (,~so' PARCEL 117 ~ VA.~C L~. GRAPHIC SCALE 1 inch = 200 fL LEGEND: F.P.L. O.R. P.K. P.C,P. NOTES: t. THIS IS NOT A SURVEY. 2. B£ARIN~S SHOWN HEREON ARE BASED ON 1HE WEST UNE ~ SECTION B 1M~ICH HAS A BEARiNC C~c N. 02'22'15" .1. SUBJECT 10 EASEUENTS. RESERVATIONS AND REST~C110NS OF RECORD. *. HOT V~UO eTHOUT FEB 1 0 200q Pg. INDICA'IESFLORIDA POWER &: LIGHT INDICATES OFFIOAL RECORDS INDICATES PARKER-KALOfl iNDiCATES PERMANENT CON1ROL POINT Profml~ L~d ~e~r Fl~do ~l~ate N~ ~5 Dote ~e~ ~oO[ Not ~lld d&~[ ~e ~gna~re ~d the ~lglnol rolled e~l of o ~orl~ L~need Su~r ~d Mapper. SKETCH AND DESCRIPTION SECTION 6. TOWNSHIP 49 SOUTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC. ENIINF. ERI, IURYEYORI AND EC:OLD~IITI t2--01 gg13t6 B-4g-26 t" -- 200' t OF 2 EXHIBIT I [ Z rn 0 0 9O' EXHIBIT 1 EXHIBIT EXHIBIT EXHIBIT Sheet I of 2 AVPLAT2003-AR5000 .EXECUTIVE SUMMARY PETITION AVPLAT2003-AR5000 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT LOCATED ON TRACT "F," ACCORDING TO THE PLAT OF "FOUNTAINHEAD SUBDIVISION REPLAT" AS RECORDED IN PLAT BOOK 27, PAGES 53 THROUGH 54, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the Drainage Easement located on Tract "F," according to the plat of"Fountainhead Subdivision Replat." CONSIDERATIONS: Petition AVPLAT2003-AR5000 has been received by the Engineering Services Department from Michel Saadeh, from Vineyards Developm Petitioner ,e, nt,,Corp., requesting the vacation of a portion of the Drainage Easement located on Tract F. The owns Lot 48 and acquired the West 15 feet of Tract "F." The Petitioner then requested a Lot Line Adjustment which was approved such that the West 15 feet of Tract "F" is now included with Lot 48 as one residential building site. The Petitioner now requests the County to vacate its interest in the platted Drainage Easement over the West 15 feet of Tract "F" so that a residential dwelling may be built on the site. This vacation would eliminate any title concerns from encroachment of structures. Letters of No Objection have been received from Collier County Transportation, Collier County Engineering Services and the Fountain Head Homeowners Association. Zoning is PUD. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on January 6, 2004. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recOrding and processing the Petition. Sheet 2 of 2 AVPLAT2003-ARS000 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2003-AR5000 for the vacation of a portion of the Drainage Easement on Tract "F," according to the plat of "Fountainhead Subdivision Replat," and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: ~',a.~. ~ r- t,/'--_ /--., Rick Grigg, P.S.M. Engineering Services DATE: /- Ca ~ Od,-- Thomas E. KUck, P.E. Engineering Services Director DATE: /-~- ~/- AP PROVEDB /o~eph K. Sch~-n[tt,"Admira'strator {?rommunity Development & Environmental Services DATE: RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR5000 TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT LOCATED ON TRACT "F,, ACCORDING TO THE PLAT OF "FOUNTAINHEAD SUBDIVISION REPLAT," AS RECORDED IN PLAT BOOK 27, PAGES 53 THROUGH 54, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michel Saadeh, bom Vineyards Development Corp., does hereby request the vacation of a portion of the Drainage Easement located on Tract "F,' according to the plat of "Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the Drainage Easement located on Tract "F," according to the plat of "Fountainhead Subdivision Replat," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the gnmting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the Drainage Easement located on Tract "F' are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page l of 2 BE 1T FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as refe~¢raced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2004, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS CO!.!.mR COUNTY, FLORIDA BY: Deputy Clerk Chairman Approved as to form and legal sufficiency: Pamck ~. ~/h~te, Assistant County Attorney Page 2 of 2 ~o I I I I oo ~ o~ '3'D QN¥ "3'O "3'9 ,,d,, £OVS~t 38 '3'fl aNY "3'0 "39 / .gg'l,g 3.9~,go.ooN ,O0'O~i ,00'06 t 3 .9E,gO.O0 N I' (~'Z-Z~ $3OVd '~ ~OOB £Vqd) NOISIAIQS~S OV3HNIVINI~OJ Date Received: PETITION Attachment "B". FORM FOR VACATION OF PLATS OF PLATS OR PORTIONS OF SUBDMDED LAND Petition #:. - Petitioner: Address: City/State: Agent: Address: City/State: VINEYARDS DEVELOPMENT CORP. 98 VINEYARDS BOULEVARD NAPLES, FL 34119 N/A Address of Subject Property:. Township. 48 Block Excessive Location: Section 5 Legal Description: Lot Reason for Request: Current Zoning:. R e s i d e n t i a 1 Telephone: 353-1551 Zip Code: 34119 Telephone: Zip Code: 49S Rangg-26E Unit Easement Subdivision: FOUNTAINHEAD Plat Book . Page(s). Does this affect density?. . NO I hereby authorize Agent above to represent me for this petition.'. Sits~atur~ '°Yl~etiti° ncr- Print Name [] Yes [] No /Z-Z.~ -03 Date (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 O) · (3) (4) Attachment "B" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. AOENDA ~ ~ List all o.ther, owners. No. \~. ~_~ Pg. & '! Official Receipt - Collier County Board CDPR 1103 - Official Receipt of County Commissioners ITrans Number 442873 IDate 11/5/2003 2:47:49 PM Post Date 11/5/2003 Payment Slip Nbr AR 5000 Appl Name: VINEYARD DEVELOPMENT CORP Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: THOMAS MASTERS, P.E. 98 VINEYARDS BLVD. NAPLES FL 34119 Proj Name: FOUNTAINHEAD Type: TAZ: 59 Subdiv Nbr: 2156 Project Nbr: 2001070011 Payor · VINEYARDS Fee Information 10TRVC VAC EASEMENT-ROW 13113832632910000000 Total Amount]Waived $1ooO:Oo $~ooO!oO tPayment Code CHECK Memo: Account/Check Number vdc00032124 Payments AmoUnt1 $1ooOiOo/ Total Cash $0.00 Total Non-Cash $1000.00 Total Paid I $1000,001 Cashier/location: LEVYMIKE / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGENDA rrl~M 1 This Document Prepared By and Return to: Robert F. Rogers, Esquire 75 Vineyards Boulevard, S~ite 500 Naples, Florida 34119-%?48 (239) 353-1973 Parcel ID Number: 80670160002 Grantcn itl TIN: Grantee t/2 TIN: Quitclaim Deed This Quitclaim Deed, Madethis 13th dayof October , 2003 A.D.. Between FOUNTAINHEAD AT THE VINEYARDS HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation existing under the laws of the State of FlOrida, - of thc County of Collier S~at~ of Florida , grantor, VINEYARDS DEVELOPMENT CORPORATION, a Florida corporation and whose addr~ ~: 75 Vineyards Boulevard, Suite 500, Naples, FL 34119-4748 of mc cou.~ of Collier , Sta~ of Florida , grantees. Witnesseth that the GRANTOR. for and in consideration of the sum of ........................ TEN DOLLARS ($10) ....................... DOLLARS, and other good and valuable consid~nation to GRANTOR in hand paid by GRANTEES. thc t~:eipt wh~eof is herWoy acknowlndg~d, has granted, bargained and quilclaimnd to thc said GRAN'FEES and GRANTEE~' heirs, succes.so~ and assigns forev~', thc following d~cn'bed land, situate, lying and being in the County of Coll i er State of Florida to wit: SEE ATTACHED er, EGAL DESCREpTXONu To Have and to Hold the same togeth~ with all and singular the appurtenances thereunto I~longing or in anywise appertaining, and all the estate, fig, hi, title, interest, li~n. equity and claim whalso~,~ of grantor, eithe~ in law or equity, for 'the use, benefit and profit of the said grantees forever. In Witness W~eof, thc ~ has h~u~ set Sig~~vered in our pr~ence: ~// ~ ~ Witness hand and seal the day and y~ar fu~t above written. Miche~ Saadeh, President P.O. Address; 75 Vineyards Boulevard, Suite ~00 Napl~, FL 34119-4748 (Seal) (CorPorate Seal) STATE OF Florida COUNTY OF Collier Thc foregoing inslrument was acknowledged before me th~ 13th day of October , 2002 Michel Saadeh, President of Fountainhead at the Vineyards Homeowner.. Association, Inc., a Florida not-for-profit corporation, on behalf Notary Public My Commission Expir~: of the corporation, and he is pe~onally known to mc~o~:.~ ~,~ ........ F/Il Deed i I I I C7 .Z6'£8 M..9~',gO.O0 S i~'~'n ONv "3'0 ,,,4,, £3VH£ ,00'0~ AGENDA I~J~.... COASTAL ENGINEERING .,,4 CONSULTANTS INC A CECi GROUP COMPANY , COPY AFFD) A~T LOT LINE ADJUSTMENT CECI Group Services Civil Engineering Survey & Mopping Coastal Engineering Real Estate Appraisal Environmental Assessment Website: www.coa~neefing.com NOW COMES, Vineyards Development Corporation (VDC), who after being duly sworn, deposes and says: VDC is the fee simple title holders of the properties described in Extu'bit "A" and hereto. VDC desires to adjust the property described in said Exhibit "A". The descriptiOn of thig property is to be revised as depicted in the sketch and legal descriptions prepared by Richard J. Ewing, Florida Professional Surveyor and Mapper #5295, attached hereto and made part hereof as Exhibit "B". The foregoing lot line adjustment constitutes an insubstantial boundary change between adjacent parcels within-the meaning of Section 3.2.4.8.1 of the Collier County Land Development Code ([.DC). VDC as owners of said property described in Exhibit "A" hereby consent to the lot line adju~hnent in accordance with Section 3.2.4.8.2 LDC and. states that said property shall hereafter be de,scribed as Revised Lot 48 and Revised Tract ,F" as shown on Exhibit "B" attached hereto and made a part hereof. Furthermore, the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity for the creation of new lots for resale or development within the meaning of Section 3.2.4.8.4, LDC. 6. This Affidavit is being given pursuant to Section 3.2.4.8 of the Collier County Land Development Code. WitneSs Signature Printed Name Pr~nte/cl Name 3106 S. Horseshoe Drive, Naples. Florida 34104 · Michael Saadeh ' Presidem .~O Vineyards Development Corporation Phone (941) 643-2324 Fax (941) 643-1143 o E-Moil: ,'.i :,'VI.".;L ; ; ~ ~ :l,'lt h ', :.:1~, ';.: COASTAL ENGINEERING CONSULTANTS, INC. Affidavit of Lot Line Adjustment Page Two Swom to and subscribed before me this by Michael Saadeh. '~~ to me or produced or Mve pr~uc~ OR: 2870 PG: 2121 3'~ day of 40~ ,2001 Notary Public This Affidavit has been reviewed and approved' by the Development Services Department of Collier County, Florida by: ' John Houldsworth Senior Engineer Date -COASTAL' ENGINEERING CONSULTANTS INC OR: 2870 PG: A CECI GROUP COMPANY ' I G ou fyi Civil Engineering Survey & Mapping cOastal Engineering Real Estote Appraisal Environmental Assessment Website: www.coastolengineefing.c om EXHIBIT ,,A" LOT 48 ~ TRACT "F" FOUNTAINHEAD SUBDIVISION REPLAT LEGAL DESCRIPTION ALL OF LOT 48 AND TRACT "F" OF FOUNTAINHEAD SUBDMSION REPLAT, A SUBDIVISION AS RECORDED IN PLAT BOOK 27, PAGES 53 THKOUOH 54, OF THE pUBLIC RECORDS OF COLLIER. COUNTY, FLOR.IDA. · THE ABOVE DESCRIBES AN AREA OF APPROXIlvlATELY 8,68! SQUARE FEET OR 03.0 ACRES OF LAND. SUB/ECT TO EASEMENTS, KESTI~CTIONS, AND RESER.VATIgNS OF RECORD.. .......................................... (941) 643-2324 Fax (941) 643-1143 · E-Mail: 106 S. Horseshoe Drive, Naples, Florida 34104 · Phone 3 ':: .-.'W~ ~, ' ~':, '.:: ' :~ ' AGE:NDA I~ I I I I 0 i I O0'06t 3 .9£,g0.00 N I' (v~-~ s3ov~-'vz ~oo8 zvaa) .o~s~^mens OV3HNIVJ,NnOJ COASTAL .w; ENGINEERING · CONSULTANTS , INC ' A CEC/GROUP COMPANY EXH]Bl~ "B" PAGE 2 OF 4 401U ~b; FOUNT~D SUBDrVISION REPLAT REVISED LOT 4~ LEGAL DESCI~PTION ALL OF LOT 48 AND THAT PART OF TRACT "F", OF FOUNTAINHEAD SUBDIVISION REPLAT, A SUBDMSION AS P,.~CORDED IN PLAT BOOK 27, PAGE. S 53 AND 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORI'~ER OF SAID LOT 48 RUN N00°05'36"E ALONG THE WEST LINE OF SAID LOT 48 FOR 120.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 48 AND THB SoLrrHERLY RIGHT OF WAY LINE OF FOUNTAIN RUN; THENCE ALONG SAID RIGHT OF WAY LINE S89°54'24"E 14.15 NEET TO A POINT OF CURVATURE; THENCE 54.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A CENTRAL ANGLE OF ?S~2'/'47" AND A CHORD DISTANCE OF 31.62 FEET BF_AR/NG S50°40'30'E TO A POINT OF REVERSE CURVATURF4 THENCE 39.99 FEET AI~NO THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET A CENTRAL ANGLE OF 45749'45" AND A CHORD DISTANCE OF 3g.94 FEET BEARING S34~21'29"E TO AN INTERSECTION WITH A LINE 15.00 FEET EAST OF AND PARALLEL W1TH THE EAST LINE OF SAID LOT 4S; THENCE ALONG SAID LINE S00°05'36"W ?4.31 FEET TO THE SOUTHERLY LINE OF SAID SUBDIVISION; THENCE 36.00 FEET ALONG SAID LINE AND THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET A CENTRAL ANGLE OF 20~37'46" AND A CHORD DISTANCE OF 35.81 FEET BEAR]NO N?9~JS'3 I"W TO A POINT OF TANGENCY; THENCE N89°54'24"W 25.44 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 6~334 SQUARE FEET OR 0.15 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. .. · .: CO~T~N~ENGINEE~,.I~qG CONSULTANTS, INC. NO. LB 24 4 · 'PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 .. '.; NOT~y. ALID-WlTHOUT THE SIGNATURE AND · - ', THE OKIGINAL RAISED SEAL OF A FLOP. IDA ·..f- .. L[CENSED.SURVEYOR AND MAPPER ' -: '-_: -CEC FILE NQ; {)?:283 ' ..' DA~ OFSiGNATURE.'-~ -& 3106 S. Horseshoe Drive. Naples. Florida 34104 o Phone [941) 643-2324 Fox [941) 643-1143 · E-Mail:engcollier@cecifl.com / ,00'0~ t .."6'['g 3 .9[',g0.o0 N ONY "3'O "3'9 ,,M,, ,I, OVH~ ,00'061 3 ~g~',cJO.00 N l' I NOISlAIOBnS O¥3HNI¥1NROJ Pi[._ GOASIAL ENGINEERING CONSULTANTS A CE¢I GROUP COMPANY CECI Grouo Services Civil Engineedng Survey & Mopping Coastal Engineering Real Estate Approlsol Environmental Assessment Web,file: v~v.c oostalenglneerlng.com EXHIBIT "B' PAGE 4 OF 4 FOUNTAINHEAD SUBDIVISION REPLAT REVISED TRACT "F" LEGAL DESCRIPTION THAT PART OF TRACT "F", OF FOUNTAINHEAD SUBDIVISION REPLAT, A SUBDMSION AS RECORDED IN PLAT BOOK 27, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID FOUNTAINHEAD SUBDIVISION REPLAT RUN N00°05'36"E ALONG THE EAST LINE OF SAID SUBDMSION FOR 83.97 FEET TO A POINT ON A CURVE AND THE SOUTHERLY RIGHT OF WAY LINE OF FOUNTAIN RUN; THENCE 32.19 FEET ALONG SAID RIGHT OF WAY LINE AND THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET'A CENTRAL ANGLE OF 36053'07" AND A ' CHORD OF 31.64 FEET BEARING.N75°42'55"W TO AN INTERSECTION WITH A LINE 15.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 48; THENCE ALONG SAID LINE S00°05'36"W 74.31 FEET TO THE SOUTHERLY LINE OF SAID SUBDMSION; THENCE 25.83 FEET ALONG SAID LINE AND THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET A CENTRAL ANGLE OF 14048'06" AND A CHORD DISTANCE OF 25.76 FEET BEARING S61°52'35"E TO A POINT OF REVERSE CURVATURE; THENCE 9.55 FEET ALONG THE ARC OF A CURVE aT THE LEFT HAVING A RADIUS OF 170.00 FEET A CENTRAL ANGLE OF 03°13'03" AND A CHORD DISTANCE OF 9.55 FEET BEARING S56°05'04"E TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 2,346 SQUARE FEET OR 0.05 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. ~~~i~GINEERING CONSULTANTS, INC. FI~O~TION NO. LB 2464 ~CHARD 3. EWIN~, ¥.P~ PROFESSIONAL SUgVEYOR AND MAPPER FLORIDA .CERTIFICATE lqO. 5295 NOT VALID' WITHOUT THE SIGNATURE AND THE ORIGINAL RAISEI~ :SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 3106 S. Horseshoe Drive. Naples, Florida 34104 · Phone (941) 643-2324 Fax (941) 643-1143 f.JAPt ~::; FC)I?I klYl~IL'; 5,~,[,'/',.'.;C)iA £,-'~I'~EI. AIVD AGENDA Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System OWNER INFORMATION Name:IIViNEYARDS DEV CORP Address:II75 VINEYARDS BLVD Address:Il Address:Il Address:II PROPERTY INFORMATION L°c:lll°61 FOUNTAIN RI iN, NAPLES :_~ F°UNTAINHEAD SUB REPLAT II Acre:Il°'°° I I L°c:llTM FOUNTAIN RUN, NAPLES (_M_ap) L Addresslj[NAPLES, FL 34119-4748 L~'VALUEIEXEMPTIONS~ TAX INFORMATION ] PAYTERMS PAYMENT INFO [ Taxble Value:ii85000 I County:]1353.76 Nov~ll,070.96 Paid Dt :1111118103 Millage Code:Ill45 I School St:11337.37 o~c:ll~,o.2.' I Recptil[36596 Homestd Ex:Il0~ L Schoo,~:Ji?." L Jan]~,093-27 .J ~109 [ Ag"OtrEx:iF~ r' C~yTax:]~ ]Feq[~.~O~-42 I Paymt:ll~'070'96 L V~dowEx:ll0~ L Depen~__~lt~8.59L Mar:_ll~,--s.sSMo.:Ilo [- BUnd Ex :] r~-----~ [' Water.il44.75 ~ APn]I0'0° STATUS INFO. D~sa~,~d:llo I Independ:l193'93 U~V:II0.00 I Va:liN L vet~. EXillo ,,,I Voter~.~il0.00 .ow~.e:ll0.00I .o. Ad Who"y ~]- 10 I Gro~ Tax:]la.a~S-SS ~"sta"me"t:llN ii C~v"ia" ~x:ll0 ] Appr fee~0.00 Bankrupt::llN I Advertising:II0'00 I mA:Il0 Last Updated: 12/28/2003 5:00pm ........... .;~ .... ,~ a~ ~,,-(,~dDetail.asr)?FoliolD=33160004081 i /. Lot Name ADJACENT PROPERTY oWNERS FOUNTAINHEAD LOT 48 Address Fountainhead FH 30 FH 31 FH 32 FH 33 FH 34 7:: ;: I~'LI FH 45 FH 46 FH 47 Rayford Nugent Marsha Sawicki Theodore Cwikowski Jr. Pamela Graves Vineyards Development Corp. Samuel & Nancy Schaffer Monica Borrok Roger Drobnick 143 April Sound Dr., Naples FL 34119 139 April Sound Dr., Naples FL 341'19 135 April Sound Dr., Naples FL 34119 131 April Sound Dr., Naples FL 34119 95 Vineyards Blvd., Naples FL 34119 1049 Fountain Run, Naples FL 34119 1053 Fountain Run. Naples FL 34119 1057 Fountain Run, Naples FL 34119 Agusta Falls AF 24 Barbara Blementhal .AF 25 Max Zuercher AF 26 Jesse Howard & Monica Haven AF 27 Jose & Herminia Vijungco 1150 Agusta Falls.Way, Naples FL 34119 1154 Agusta Falls Way, Naples FL 34119, 1158 Agusta Falls Way, Naples FL 34119 1162 Agusta Falls Way, Naples FL 34119 AGENOA ITEM Details Fo,lo "o. II 22540000140 Owner Name Current Ownership Property Addressll NO srrE ADDRESS AGUSTA FALLS HOMEOWNERS Addresses ASSOCINC 100 VINEYARDS BLVD NAPLES Legalll AUGUSTA FALLS TRACT E State FL Zi 34119 -4722 I Section II Township I~Range II, Acres I 0S II 49 II 26 II 0 s.b.o. ~ 171400 ~^UGUST^FA.LS Use CodeI1' o ! VACA.T RES,DE.T,AL 2003 Preliminary Tax Roll Values Land Value (Subject to change) i (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value $100.00 II Date $ 0.00 II 0412001 $100.00 J $ 0.00 [ I (') Homestead and ether Exempt Value I (=) Taxable Value $100.00 $ o.oo $100.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. II Map No.I Strap No. II 4B05 I 171400 E 14B05 ~ '~ Millage Area I '~ Millage Latest Sales History Book - Page ~ Amount I 2813- 1172 ~' $ 0.00 ! The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail, asp?FolioiD=0000022540000140 Details Folio ND.il 33160000506 Current Ownership Property Addressll NO SITE ADDRESS Owner Name]{ FOUNTAINSHEAD AT THE VINEYARDS Addressesu HOMEOWNERS ASSOC INC 100 VI.EYARDS BLVD c'~ll NAPLES II Statell FL II ZiplI 34119 - 4722 Legal~ FOUNTAINHEAD SUB TRACT E, LESS II THAT PORTION NOW AUGUSTA FALLS Il& FOUNTAINHEAD SUB REPLAT II (DE & LE) Il*For more than four lines of Legal Description please call the Property Appraiser's Office. Section II Township o5 II 4g ''~ Use COde IIg6 II Range H Acres II Map .o. II 26 II o # 4B05 FOUNTAINHEAD SUBDIVISION ~ "~ Millaae Area MISCELLANEOUS II 145 Strap No. I 29980o E 14B0S I 2003 Preliminary Tax Roll Values (Subject to change) Land Value Latest Sales History I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I 1=) Taxable Value I $100.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. II $ lOO.OO II Date ~ Book-Page I , o.oo II 04~ 2001 i2613-1165 Ii , lOO.ool II s o.oo I # s lOO.OO I $ 0.00 I Amount $ 0.00 The Information is Updated Weekly. http://www.collierappraiser, corn/RecordDetail.asp?FolioID=0000033160000506 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT November 3, 2003 Tom Masters, P.E. Vineyards Development Corporation 75 Vineyards Boulevards Naples, FL 34119 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Re- Request for Partial Vacation of Drainage Easement Tract F, Vineyards, FoUntainhead Subdivision Replat, PB 27, PP 53-54 .Dear Mr. Masters: The Transportation Services Division, including the Stormwater Management Department, has reviewed the subject request and we take no exception nor do we offer any objection to the partial vacation of the subject easement. Please advise if you need anything further on this issue at this time. Very truly ~ jours, __ Edward J. Transportation Director CC: Norman E. Feder, AICP, Transportation Administrator July Minor, P.E., Stormwater Project Manager File: Vacations (Drainage Easements) October 28, 2003 John Houldsworth Collier County Engineering 2800 N. Horseshoe Dr. Naples, FL 34104 Vacation of Easement Fountainhead Lot 48 Dear John: We are requesting a letter of no objection to vacating a portion of the existing Easement on Fountainhead Lot 48. See Exhibit A. This 15 foot portion of Lot 48 was previously a part of Tract F of the Fountainhead Subdivision Replat and originally a part of lot 49 in the Fountainhead Subdivision Plat. The drainage and utilities were completed according to the original plat as such that there was no easement at this location. At the time ofReplat a cul-de- sac was added in the front of lot 48 and 49 which eliminated most of lot 49 creating Tract F. At the time Tract F was labeled a L.E., D.E. and U.E. There are no Utilities or Drainage facilities on Tract F as it had already been developed as a lot. Please call me if you have any questions. Sincerely, Tom Masters, P.E. Director of Engineering Approved by: John Houldsworth Senior Engineer Collier County Engineering Review Vineyards Development Corporation 75 Vineyards Boulevard Naples, Florida 34119 (239) 353-1551 · Fax: (239) 455-5057 AC-~_NOA fi'EM ~-,1 October 29, 2003 Vineyards Community Association Fountain Head Homeowners Association 75 Vineyards Boulevard Naples FL 34119 239-353-1973 Phone 239-348-8757 Fax Board of County Commissioners Collier County Courthouse Complex 3301 Tamiami Trail East Naples FL 33962 Re: Vacation of Easement Fountainhead Lot 48 Dear Commissioners: The Vineyards Community Association and Fountain Head Homeowners Association have no objection to vacating the above mentioned easement. Should you have any questions, piease contact us. Sincerely, Thomas Masters Director AOI~NDA IT'E:M ~-- Map Output Page 1 of 1 _ ~ http://arc~c~~~ierappraiser.c~m/serv~et/c~m.esri.esrimap.Esrimap?ServiceName=cc~... DEDICATIONS/RESERVATIONS STATE OF FLORIDA / SS C-~UNTY OF COI,I,IER COPY OF PLAT "FOUNTAINHEAD SUBDIVISION REPLAT" P.B. 27, P. 53 · ~,OW ALT, MEN BY THESE PRESENTS THAT VINEYARDS DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, AND MICHAEL AND JOSEPH PROCACCI, THE OWNERS OF THE LANDS DESCRIBED HEREON HAVE CAUSED THIS PLAT OF FOUNTAINHEAD REPLAT TO BE MADE AND DO HEREBY DEDICATE THE FOLLOWING: TO THE VINEYARDS COMMUNITY ASSOCIATION, INC.: 1) AT.T, DRAINAGE EASEMENTS INDICATED ON THE PLAT FOR THE PURPOSE OF LNST-AJJ~k~ON AND MAINTENANCE OF THOSE RESPECTIVE FACILITIES. 2) TRACT "A" (FOUNTAIN RUN) AN EASEMENT FOR PURPOSE OF ACCESS, WITH NO RESPONSIBILITY FOR MAINTENANCE. , 3) TRACT "B" FOR THE 'PURPOSE OF A DRAINAGE EASEMENT AS INDICATED ON THE PLAT, WITH RESPONSIBILITY FOR MAINTENANCE. 'TO THE FOUNT~_INHEAD HOMEOWNERS' ASSOCIATION, INC.: 1) TRACT "A" (FOUNTAIN RUN) AN EASEMENT FOR THE PURPOSE OF INSTAI.T.*,TION AND MAINTENANCE OF A PRIVATE ROADWAY ~ND FOR UTILITY AND DRAINAGE FACILITIES. 2) TRACT "E" AND TRACT "1f FOR THE PURPOSE OF PROVIDING A LANDscAPE BUFFER WITH NO RESPONSIBILITY FOR MAINTENANCE. - TO THE COTJ.rER COUNTY WATER SEWER DISTRICT: Ail. coUNTY UTILITY EASEMENTS INDICATED ON THE PLAT FOR THE PURPOSE OF PROVIDING AND MAINTAINING WATER AND SEWER SERVICE, WITH NO RESPONSIBILITY FOR MAINTENANCE. Z) AIL POTABLE WATER DISTRIBUTION LINES CONSTRUCTED WITHIN THE PLATTED AREA UPON ACCEPTANCE OF THE IMPROVEMENTS REQUIRED BY THE APPLICABLE LAND DEVELOPMENT REGULATIONS. 3) AIJ, SEWER FACILITIES CONSTRUCTED W/THIN THE PLATTED AREA AND THE SEWER FORCE MAIN UPON THE ACCEPTANCE OF THE IMPROVEMENTS - RE(~UIRED BY THE APPLICABLE LAND DEVELOPMENT REGUI~TIONS. _TO COT.LT~IR COUNTY: ~ 1) AT,T. DRkINAGE EASEMENTS WITH NO RESPONSIEILITY FOR MAINTENANCE. II 2) ALL ACCESS EASEMENTS WITH NO RESPONSIBILITy FOR MAINTENANCE. TO COIJ.TER COUNTY, ITS FRANCHISES AND THE NORTH 'NAPLES FIRE DISTRICT: 1) AN ACCESS EASEMENT OVER TRACT "A", (FOUNTAIN RUN) FOR THE PURPOSE OF PERMITTING EMERGENCY AND SERVICE VEHICLES ACCESS TO THE PLa, TTED AREA. ' FO FLORIDA POWER AND LIGHT, UNITED TELEPHONE SERVICES, ANY ~"ABLEVISION PROVIDER AND .~NY OTHER UTILITY SERVICE 'PROVIDER: l) ' THE SHARED USE OF ALL OF TRACT "A" (FOUNTAIN RUN) AS SHOWN ON THE PLAT AS A UTILITY EASEMENT FOR THE PURPOSE OF INSTAI.LATION AND MAINTENANCE OF THEIR RESPECTIVE FACILITIES PROVIDED ALL USES BY SUCH UTILITY PROVIDERS SHAIJ BE SUBJ ' · ECT _aND NOT INCONSISTENT WITH USE BY COLLIER COUNTY OR THE COLL!E COUNTY WATER-SEWER DISTRICT AS A COUNTY UTILITY EASEMENT. 70 FLORIDA POWER A_ND UGHT COMPANY: MORTGAG~ COUR~FY 0 THE UNDE OWNER AN NOVEMBE~ THOSE CK P. AGE 99; RESTATED INSTRLrME: AGENDA ,~TE~ C$ 170.00' 9.55' C4 100.00' 61.84' C5 25.00' 34.24' C6 50.00' 18.67' C7 50.00' 53.51' C8 100.00' 20.37' C9 100.00' 41.47' 9.55' N 56'05'04" W 60.86' N 7~'11'28" W 31.62' S 50'40'30' E 18,57' S 2~'08'37" E 50.99' S 63'30'03' E 20.34' S 84'04'137 E 41.17' S 66'21'17" E VANDERBILT BEACH PLATTED 5', WIDE UTILITY E~EM'Ei'qT1 10' WIDE UTIJI-' EASEMENT FOUNTAINHEAD SUBDIVISION (PLAT BOOK 24, PAGES 22-24) 03' 13'03" 35'25'51" 78'27'4'g' 21'24~00' 61'18'5Z' 11'40'2g' 23'45'30" 45 46 ROAD EXTENSION 87.63' N 89'54'24" W RIGHT OF ; .... ~ 47 Z POINT OF BEGINNING ~ SOUTHWEST CORNER OF LOT 48 OF FOUNTAINHEAD SUBDMSION (PLAT BOOK, 24, PAGES 22-24) ' TRACT "B" FOUNTAIN 'I~RACT "E" (L.E., D.E. ANI N 89'54'24" W .87.63' UN \ · \ A.E., D.E., U.E,, C.U.E. ' TRACT "A" '48 \ \ (PLAT 27 COPY OF PLAT "FOUNTAINHEAD SUBDIVISION REPLAT" P.B. 27, P. 54 EXECUTIVE SUMMARY REQUEST BOARD TO REPEAL COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (M.S.T.U.). OBJECTIVE: Request the Board to repeal Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification M.S.T.U. CONSIDERATION: This M.S.T.U. was formed on December 11, 2001 by Ordinance No. 2001-76. Section Six of this Ordinance was amended on March 26, 2002 by Ordinance No. 2002-14 to allow property owners and appointed representatives of property owners to serve on the Advisory Committee. The Ordinance was amended again on March 28, 2003 by Ordinance No. 2003-12 to increase the membership of the Advisory Committee from five members to seven members; and to remove Grey Oaks Development from the boundaries of this M.S.T.U. At the February 5, 2003 Livingston Road Phase II Beautification M.S.T.U. meeting the Advisory Committee voted to disband the M.S.T.U. and not incur any additional costs. FISCAL IMPACT: No fiscal impact. Grey Oaks Development paid their portion, $134,627.21, in the tax year 2003. The remaining balance due to Collier County will be recouped through ad valorem taxes levied in FY 04 for the properties remaining in the Livingston Road Phase II Beautification MSTU. Funds were budgeted in the Livingston Road Phase II Beautification MSTU operating budget for this purpose. GROWTH MANAGEMENT IMPACT: No Impact to Growth Management. RECOMMENDATION: Staff Recommends the Board approve this repeal of Ordinance 2001- 76, Livingston Road Phase II Beautification M.S.T.U. e~n, Project Manager, Traffic Operations & ATM Department REVIEWED BY: ~. S !l_~./~ Date: //~JbZ/ Di~/~_i' D}ict°r' Traffic Operati°ns & ATM Departn{ent / ! APPROVED BY: / ~;.~ Date: N0~ E. FederJ AICP, Tr~spo~ation Admini~ator '/ ' Attachments: / Repeal Ordinance No. 2004- 21512003 Minutes from Livingston Road Phase II Beautification M AGENDA S.T.LFEB Pg., ORDINANCE NO. 2004- AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 2001.76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL-SERVICE TAXING UNIT; PROVIDLNG FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. on December 11, 2001, the Board of County Commissioners adopted Ordinance No. 200!.-76 which created the Livingston Road Phase 1][ Beautification Municipal Service Taxing Unit (the "MSTU"); and WHEREAS. the Board of County Comrmssioners desires to terminate the MSTU. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONER S OF COLLIER COUNTY. FLORIDA that: SECTI ON ONE: REPEAL OF ORDINANCE NO. 2001-76, AS AMENDED. Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase Beautification Municipal Service Taxing Unit is hereby repealed in its entirety. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The proms~ons of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such,~ and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and ~ndependent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this day of _. ,2004. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: · Chairman AGENDA No....__ FEB l I] 21XI Approved as to form and legal sufficiency: Heidi F. Ashton ' ~-'"~,.,. Assistant County Attorney '-, h;h fa~ordinances~epealLi viagsto~2OO 1-76MSTIJ ~,GENDA ITeM FEB 1 [I 200q UVlNGSTON II I TIIN ILLT. I. ADVISORY COMMITTEE FekraarY §, 2003 I Chairman Lu Lakore called the meeting to order at 2:00 PM. II ATTENDANCE: Member~: Lu Lakore, Dex Groose, Bill Confoy, Charles Douglas Collier County: Bob Petersen, Heidi Ashton-Assistant County Attorney Other~: Mr. Zinn-Kensington, John Dowd-Kensington, Tot Kolflat-Grey Oaks, Sue Chapin- Manpower Services. !II APPROVAL OF MINUTES: Charles Douglas moved to approve the minutes of June 26, 2002 and minutes of the Special Meeting September 12, 2002. Seconded by Bill Convoy. Carried unanimously 4-0. Ve TRANSPORTATION SERVICES REPORT A Budget Report - Lights are being iustalled~ Bob Petersen handed out an Analysis Sheet from Mr. Smykowski. The dollars owed to Collier County is $228,583 plus $25,000 for Transportation Engineering Support for a total of $253,583. Grey Oaks proportionate share is $134,627.21. VI. OLD BUSINESS A. Financial commitments B. Current & Future Status of MSTU Heidi Ashton - Assistant County Attorney gave the Committee legal information. She stated the ]Board of County Commissioners has directed the County Attorneys office to come back with an Amendment to remove Grey Oaks from the MSTU. That is their only direction. The rest of the MSTU will remain in tact at this time. In her review of the Ordinance it is not appropriate as a group to vote to disband the Ordinance. The purpose of the Advisory Committee is to assist the BCC in carrying out the purposes of the MSTU's which is the beautification, curbing, improvements and budgeting. She didn't feel it was appropriate to vote as a Board because that is not the purpose of the way the Committee was set-up. She recommended to Grey Oaks to petition the Board of County Commissioners., as various members of the MSTU, not as a Committee. That tells them they want to disband and thc Board will direct staff to procx, exL Public petition process is to send a letter to the Country Manager requesting to be placed on the public petition for the BCC's meeting. The County Manager will in turn give a time and an agenda item number. The meeting starts at 9:00 AM and the Public petition portion is thc first part of the meeting. They do not have a current process in place for the termination of MSTU's -only the creation which is 50% plus one of the residents. -- ])ex felt the MSTU was mandated with no public process. AGENDA, ITeM FEB 1 0 200 Ms. Ashton again went over the prOCess telling thc members they will have their five minutes to speak in front of the Commissioners and will then direct staffwhat to do. Tot Kolflat, from Grey Oaks, told the Committee what they did in submitting their petition. He attended the meeting, went through thc process, and requested a decision at another meeting. They voted 5-0 to be put on the January 14~ meeting, presented their evidence and testimony, took a vote -which was 5-0 and directed the County Attorney to prepare an Amendment to exclude them from the MSTU. Bob Petersen said to be heard at the Public Hearing takes one meeting, to go back and ask for action, takes two meetings. Ms. Ashton is telling the Committee for them to go before the Board with Public Petition; the Board would then direct staff to prepare the proper d~uments. Ms. Ashton tried to contact Mr. Feder and has not gotten a response as of yet. A vote taken within the Committee to disband is not within the Committees power to do so. She has shared what she feels is the best mute for the Committee to take. The MSTU was created by letters from a group of people in favor of the formation of an MSTU, including Grey Oaks. Grey Oaks is not officially removed from the MSTU yet as Ms. Ashton is waiting for the new district boundaries to be created. When this is done, it will be the same MSTU with different boundaries without Grey Oaks. Bob Petersen can do an Executive Summary with the Committee directing him what to put in the Summary, but it is not one of the powers of the Advisory Board to do. Lu Lakore advises the members that Bob can do the Executive Summary then circulate it to the staff, if it doesn't get pulled. Ms. Ashton reminds the Committee members that the Board reacts and understands the public realm. If it goes to staff they do not know what the public's wishes are. Heidi suggests the'Committee recommend to the Board of Commissioners to approve: 1) no additional expenses be incurred 2) Whatever outstanding balances in the account, the members of the MSTIJ get charged, and 3) when the Committee has met their commitment, the MSTU be disbanded. Discussion folloWed on Grey Oaks putting money in escrow for their portion of the expenses, no further expenditures being made, tax bills for the new tax year, and the Amendment to change the Committees make-up of five members to nine members. Ms. Ashton suggested the property owners be assessed the outstanding balance less Greg Oaks amount in the next budget year and the MSTU disband after that. Figures were discussed according to the budget. Charles Douglas moved the County not spend or incur any further expenses as presented by the Budget Office after January 1, 2003. The remainder of the amount owed will be assessed against the remainder of the MSTU properties, minus Grey Oaks portion, ($18,955.79) which will be removed from the MSTU. That amount would be assessed among the remaining members using the assessed values from July 2003. The soonest time after the tax has been levied the MSTU will disband. Seconded by Dex Groose~ Carried unanimously 4-0. AGF~A !Tl~M FEB 1 fl. 200q 2 Po. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 10, 2004 Item 7C (correction to a.qenda index only) should have read: CU-2003-AR-4799, Edward B. Hanf (rather than Hane). (Staff request.) Add Item 9F: Appointment of member to the Collier County Coastal Advisory Committee. (Staff request.) Item 10D continued indefinitely: To review a request to forgive a loan payment from the Collier County Fair Board in the amount of $38,687. (Staff request.) Add Item 13A: This item to be heard immediately followinq 8D: Approval of Interlocal Agreement for Election Services for the City of Naples special election February 17, 2004. (Supervisor of Elections.) Clarification of Item 16E2: The purchasing policy allows changes to work orders issued on non-CCNA contracts up to $100K or up to 10% of the original work order amount, whichever is more. There is a typo in the last line of the first paragraph under "Considerations". It should read, "not greater than 10% or $100,000", not $10,000. (Staff request.) Move Item 16E3 to 10E: Approve resolution to amend County Purchasing Policy regarding the retention of expert witnesses and consultants to aid in on-going litigation. (Commissioner Coyle request.) Item 16F1: Continued to the February 24, 2004 BCC meetin.q: Recommendation to award Bid No. 04-3604, a power catamaran boat in the amount of $43,713.50 to Twin Vee, Inc. (Staff request.) Time Certain Items: Item 8C to be heard at 1:00 p.m. PUDZ-2002-AR-3158, Robert J. Mulhere, AICP of RWA, Inc., and Richard D. Yovanovich, Esquire, of Goodlette Coleman and Johnson, representing Eco Venture Wiggins Pass, Ltd., requesting to rezone a 10.45 acre parcel from C-4 to a residential planned unit development to be known as "Coconilla" PUD. Item 8D to be heard at 11:00 a.m. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended). Item 13A to be heard immediately followinq 8D: 1V. NEW BUSINESS - None PUBLIC COMMENTS - Tor Kolflat mentioned a statement was made that Grey Oaks destroyed the MSTU which is unfounded. The residents did not destroy the MSTU - they made up their petition and discussed dismantling it or be excluded from it. They felt they should not impact their feelings on the other members of the MSTU whether they wanted in or out. They had decided to be excluded from the MSTU. Their imentions were not to dismantle the MSTU. It was moved and seconded to adjourn the meeting. The meeting was adjourned at 3:00 PM. The next meeting is to be determined 2685 South Horseshoe Drive, Suite 212 Naples, FL 34104 3 AGENDa, FEB 10 200 Pcj. 0~'