Agenda 05/27/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
May 27, 1997
9:00 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM b{lJ$-I' R. EGI~-TE~ i~.]Oi~
TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON ~ AG-'E~'I}A ~
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY bl~'O~GER AT LEAST I3
DAYS PRIOR TO THE DATE OF THE MEETFNG AND WILL BE HEARD UNDER 'PUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO A~PPEAL A DECISION OF TillS BOARD X~,~LL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE bi. AY NEED TO ENSURE
THAT A VERBATIm! RECORD OF TIlE PROCEEDINGS IS biADE, WHICH RECORD INCLUDES
TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LI~IITED TO FIVE (S') MINUTES UNLESS
PEI~IISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRM. AN.
ASSISTED LISTENING DEVICES FOR THE HEARLNG I~LPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
APPROVAL OF MINUTES
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming May 27, 1997 as Barton Collier High School Choir
Celebration Day. To be accepted by Kelly Hardman Parker, Choir Director at
Barton Collier High School and studen{$ Robert Hetri£k and Andrea Bergman.
B. SERVICE AWARDS
1
May 27, 1997
7o
I1.
1) CECILIA MARTIN - PLANNING SERVICES - 20 YEARS
C. PRESENTATIONS
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
1) General Fund (001) FY 96/97
2) Community Development Fund (113) FY 96197
3) Facilities Constr~ction Fund (301) FY 96/97
PUBLIC PETITIONS
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
B. PUBLIC WORKS
1) Presentation of the Golden Gate Beautification Master Plan for Board review and
approval.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve and execute a
lease agreement (and short form lease agreement) between Collier Count)' and
Primeco Personal Communications and a resolution regarding same.
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
A) Appointment of member to the Golden Gate Beautification Ads4sory Committee.
OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
2
May 27, 1997
12. ADVERTISED PUBLIC tlEAR~,NGS - BCC
A.. COMPREHENSIVE PLAN AMENDMENTS
1)
An Ordinance amending the Collier County Growth blanagcment Plan
(GMP) for the unincorporated area of Collier County by providing for
amendment to Objecth'e 2.1 of the Ilouslng Element to provide definitions
for very Iow, Iow, and moderate income pursuant to a Stlpulated
Settlement Agreement with the State of Florida, Department of
Community Affairs; providing for severability and an effective date.
(Continued from the meeting of 5/13/97)
B. ZONING AMENDMENTS
1)
Petition PUD-97-1, William Hoover representing Cathryn Eboli, Trustee,
requesting a change to the zoning classification from "MST" Rural
Agriculture to "PUD" Planned Unit Development known as Eboli PUD for
property located on the south side of Immokalee Road (C. IL 846), east of
April Circle PUD and west of Interstate 75 in Sec. 30, T48S, R26E.
(Continued from the meeting of 5113/97)
2)
Petition PUD-92-9(I), Agnoli, Barber and Brundage, Inc., representing J.
D. Nicewondcr requesting an amendment to the Immokalee Road Center
PUD for the purpose of adding a use of the property for a fire prevention
training and fire/public safety facility for property located on the south
side of lmmokalee Road immediately east of Sam's Club Warehouse.
(Continued from the meeting of 5113/97)
3)
Petition PUD-96-1 I(1), Karen lC Bishop of Project Management Sen'ices,
Inc., of Naples representing Pelican Strand Ltd., requesting a rezone from
"PUD" to "PUD" Planned Unit Development which will continue lo be
known as Pelican Strand having the effect of increasing the number of
authorized dwelling units from 680 dwelling units to 1200 dwelling units in
response to a previous amendment increasing the area of the Pelican
Strand PUD by 375.269 acres, by revising the commercial development
strategy while retaining the same number of acres for commercial
development by making other revisions to the text of the PUD and by
adopting a new Master Plan to account for additional residential
development tracts for property located at the northwest quadrant of 1-75
and Immokalce Road (C.R. 8.I6), in Sees. 18 and 19, T48S, I:L26E,
consisting of 575 acres, more or less.
C. OTHER
1)
An Ordinance adopting the Collier County Streetscape Master Plan so that
the Streetscape Master Plan may be incorporated by reference into the
Collier County Land Dcvelopmen! Code. (Continued from the meeting of
5/13/97)
13. BOARD OF ZONING APPEALS
ADVERTISED PUBLIC HEARINGS
May 27. 1997
14.
15.
1)
Petition NUA-97-1, Mr. Philip L. Lee representing Carol A. Martin
requesting a non-conforming usc alteration in order to replace an existing
mobile home with a new manufactured dwelling for property located at
II15 Kerr Court in Sec. 5, T$IS, R26F_..
2)
Pctitlon CU-97-7, Paul Whlttcn of Pantropic Power Products, Inc.,
rcprcscntlng Marco Marriott Hotel requesting Conditional Use 2.6.9.2. of
Section 2.6.9. (Essential Services) for two electric generating plants in an
RT Zoning District for property located on the blarriott ltotei's parking
lot CLots 1-7) located at 400 South Collier Boulevard, Marco Island,
Florida, further described as Lot 6, Block 177, Marco Beach, Unit 17, Sec.
17, T52S, R26E.
3)
A Resolution to nullify and make void the approved restrictive covenant
and shared parking agreement (Pclition SPA-95-1/Resolution 95-330)
between Tco's Restaurant and the Board of County Commissioners which
allows for off-site shared parking located on Lot 21, J & C Industrial Park,
adjacent to Tco's Restaurant in Sec. 1 I, T49S, R26E.
B. OTttER
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
STAFF'S COMMUNICATIONS
15.
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 lhe Board, that item(s) will be removed form the Consent Agenda
and considered separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
2)
Recommendation to apl)rove for recording the final plat of "Gall
Boulevard Extension".
Recommendation to grant final acceptance of the roadway, drainage,
yvater, and sewer improvements for the final plat of "Lexington at Lone
Oak, Unit Two".
3)
4)
Recommendation to grant final acceptance of the roadway, drainage,
water, and sewer improvements for the final plal of "Willoughby Pines".
Recommendation to grant final acceptance of the roadway, drainage,
water, and sewer improvements for the final plat of "Freedom Square".
B. PUBLIC WORKS
1) Recommendation to award "Purchase or Well Point System" Bid #97-2657.
2) This itcm has bccn dclctcd.
4
Ma)' 27, 1997
3)
4)
Co
~)
7)
^pprovc Change Order No. 3 to Johnson Engineering, Inc. for
modifications to the East Naples Park Skateboard Facility.
Approve Change Order No. 2. (Final} lo Contract No. 97-26-12, Clam Pass
Maintenance Dredging.
Request the Board approve a refund of road impact fees in the amount of
$73,186.00 for the Kensington Golf and Counlry Club as a reimbursement
for Pine Ridge Road Right-of-Way Donation.
Approval of Budget Amendment in the Collier County Water-Sewer
District (CCWSD) Funds.
Approval of Royal Cove Sewer Assessment Project Financial Transactions.
PUBLIC SERVICES
I)
Recommendation that the Board of County Commissioners authorize the
Parks and Recreation Department to negotiate a contract for a food
concession at thc Immolcalee Sports Complex.
2)
Recommendation that the Board of County Commissioners approve and
sign the Mcdlcaid Waiver Program re-enrollment form and related
documents.
SUPPORT SERVICES
1)
2)
Recommendation to accept Staff's shorl list of architectural firms {'or the
Master Planning of Government Facilities and Si}ace (RFP #97-2658) and
authorize staffto negotiate with the top seated firm.
Recommendation to declare certain County-owned prol)erty as surplus and
authorize a sale of the surplus property.
3)
Request Board apl)royal to proceed with amending County Ordinance
Number 93-65 to reflect Changes in State Statutes.
4)
Recommendation that the Board of County Commissioners approve and
execute the Satisfaclion$ of Notice of Promise to Pay and Agreement to
Extend Payment of Water and/or Sewer System Impact Fees.
s)
Recommendation that thc Board of County Commissioners approve and
execute the Satisfactions of Claim of Liens.
6)
Recommendation to approve an extension of the Agreement between the
Board of Commissioners and Insurance and Risk Management Ser~'icc.%
Inc. For Property, Liability and Worker~' Compensalion Insurance
Brokcrage Sc~'icc~.
COUNTY MANAGER
1) Budget Amendment Report.
May 27. 1997
17.
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1)
Certificate of Corrcclion: as presented by the Properly Appraiser's
Office.
2)
Sntlsfactlon f Li n: NEED MOTION authorizing the Chairman to slgn
Satisfaction of Lien for Sen'ices of the Public Defender for Case Nos.:
8804-MMA, 94-8803-MMA, 94-5898-MNLA, 94-7710-MMA, 94-$018-
MMA, 92-296-CFA, 92-598-CFA, 94-1554-CJA, 96-10349-MMA, 96-7739-
MI~L's, 97-1737-MMA, 97-1722-MMA, 96-738-CFA, 97-2655-MMA, 97-
1960-MM.A, 96-7165-MMA, 96-9903-MMA, 97-1708-MMA, 96-2049-CFA,
96-$547-MbLA, 96-8421-MMA, 96-867f-MMdA, 96-9031-M~,IA, 96-.6961-
MMA, 96--6947-MMA, 97-1817-MM.A, 96-3407-MMA, and 96-400-CFA.
3)
lis ELLANE FFEM T FILE F R RE ORD WITH A(~FION
AS DIRECTED.
H. OTHER CONSTITUTIONAL OFFICERS
L COUNTY ATTO RaNEY
ADJOURN
May 27, 1997
WIfE REA S,
PROCLAMATION
the Barron G. Collier High School Choir was selected to represent the State of
Florida and Collier County in the National Festival of States in Washington,
District of Columbia, May 9-12, 1997; and
the choir, under the direction of Kelly Hardman Parker, was selected on the
basis of recommendations from state music officials, superior performance
ratings, and pcst competition results; and
this honor recognizes the talents of this ensemble and exemplifies the dedication
o fits members and their instructor to excellence in music education and
performance; and
the National Festival of States has been recognized by the District of Columbia.
the United States Navy Memorial Foundation, and the National Park Service,
and continues a tradition of saluting significant historical events; and
the Barron G. Collier High School gave performances to large and enthusiastic
audiences at the United the John F. Kennedy Center for
thc Arts, and for Washington National
Cathedral;
IVHERF_~S, it is
outstanding group of
NO W
of Collier
DONE AND
the honor and
ORIDA
DWIGHT E. BROCK. CLERK
TIMOTHY L. HANCOCK, AICP,
HAY 2 7 1997
pg. /
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
For the meeting date of May 27, 1997
CLERK'S REPORT
6A.
Analysis of Changes .to Reserves for Contingencies
1. General Fund (001) FY 96/97
2. Community Development Fund (113) FY 96/97
3. Facilities Construction Fund (301) FY 96/97
HAY 2 7 1997
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
For the meeting date of May 27, 1997
CLERK'S REPORT
6A.
Analysis of ChangeS to Reserves for Contingencies
1. General Fund (001) FY 96/97
2. Community Development Fund (113) FY 96/97
3. Facilities Construction Fund (301) FY 96/97
~£~A ~T~J~
~o o~
HAY 2 7 1997
ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113)
RESERVE FOR CONTINGENCIES:
Original Budget 10,/01/96
Current Balance 5/19/97
(Reductions) or Increases as explained below
Date Reo~_ueat
1-22-97
RESERVE FOR CONTINGENCIES
For the meeting date of May 27, 1997
FY 1996-97
112
EXPLANATION OF REDUCTIONS
E_.~lanatlon
Funds provided by excess CatTy forward
$ 277.400
762 600
$ ~
(Reduction)/
Increase
$ 485,200.00
Total Reductions
HAY 2 7 19!
P,~......_
ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113)
RESERVE FOR CONTINGENCIES:
Ordinal Budget 10101/96
Current Balance 5119/97
(Reduclions) or increases as explained below
B.A.
Date Request
1-22-97
RESERVE FOR CONTINGENCIES
For the meeting date of May 27, 1997
FY 1996-97
112
EXPLANATION OF REDUCTIONS
Explanation
Funds provided by excess carry forward
277,400
762,600.
485.200
(Reduction)/
Increase
485,200.00
Total Reductions
4 ~5j200.0.0_
AGENDA IT£H
HAY 2 7 1997
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE AND ADOPT BY RESOLUTION THE GOLDEN GATE
COMMUNYI'Y ROADWAY BEAU'ITFICATION MASTER PLAN; APPROVE AND ACCEPT THE
"ANNUAL COST FOR MAINTENANCE" OF THE GOLDEN GATE PARKWAY MEDIAN
LANDSCAPING; APPROVE THE PROPOSED MSTU/COUNTY "MEDIAN LANDSCAPE FIYND~G
PARTNERSHIP"; AND APPROVE THE FEASIBILITY OF LANDSCAPING GOLDEN GATE
BOULEVARD DURING CONSTRUCI'ION OF THE FOUR-LANE WIDENING PROJECT.
Oal]~,t~[3[3~: To present to the Board of County Commissioners (BCC) the Golden Gate Beautification
MSTU Advisory Committee's request for the following actions:
1. Adoption of the "Golden Gate Community Roadway Beautification Master Plan" (GGCRBMP), and by
resolution amend the Collier Streetscape Master Plan to reference this document.
2. County fund the annual cost for maintenance of the Golden Gate Parkway Medians from C.IL 951 to
Santa Barbara Boulevard.
Approve the proposed "Median Landscape 50/50 Funding Partnership" with the Golden Gate
Beautification MSTU to support the proposed C.P,. 951 and Santa Barbara Boulevard Median Landscape
Projects.
· 4.-Dii'ect staff to determine the feasibility of Landscaping Golden Gate Boulevard during the construction of
the scheduled Four-lane Roadway Widening Project.
~.,l~dk27.[O. Jh~: The Golden Gate Beautification Advisory Committee has created the attached
Golden Gate Beautification Advisory Committee "Landscape Proposal" shown as Exhibit "A", and requested
the County landscaping staff to prepare and submit to the BCC an executive summary that would detail its
recommendations. It should be noted that references to the Golden Gate MSTU in the Landscape Proposal
should be construed to mean Golden Gate Beautification MSTU. At the Committee's last scheduled meeting
of May 13, 1997, George Botner presented the adopted Collier/'Naplescape Master Plan and the Committee
presented their GGCRBMP. Mr. Botner not only supported their plan, but agreed that attaching or
referencing it by resolution to his plan, would assist in providing a more complete County-wide Landscape
Program. On May 20, 1997, the BCC was provided with copies of the "Golden Gate Community Roadways
Beautification Master Plan" (GCK3RBMP) for their review. The Advisory Committee is requesting the BCC
consider attaching or referencing by resolution the ~MP so that it becomes part of the adopted Collier
SU'eetscape Master Plan.
EXECUTIVE SUMMARY - Golden Gate Community
Roadway Beautification Master Plan
Page 2
Historically, the BCC has accepted Landscape Maintenance costs associated with County arterial or corridor
designated roadways. Golden Gate Parkway is designated as a County arterial comdor and acts as an
enu-ance into the Community, therefore, the Committee is asking Collier County to take over the long-term
maintenance of Golden Gate Parkway which is presently maintained with GGBMSTU funds. This action
will obligate the County to spend approximately $ I09,400 annually for this maintenance requirement.
The Advisory Committee would like to complete landscaped median projects on C.R. 951 and Santa Barbara
Boulevard (see attached Project Phasing Map). It is the Committee's plan to use the freed-up Golden Gate
Parkway annual maintenance funds of $109,400 to establish a "Median Landscape 50/50 Funding
Partnership". The Commit'tee is asking the County to consider entering into this partnership. If the County
agrees to the partnership proposal, it would obligate the County to fund 50% of the estimated construction
costs and 100% of the long-term maintenance costs for these two Beautification Projects. (See Exhibit "B"
for a detailed break-down of these costs.) In summary, this Landscape Proposal would obligate the County
to spored a total of approximately $1,254,600 spread out over the next four fiscal years. Also, the County will
have a continuing annual maintenance cost beyond Fiscal Year 2001 of $200,000.
Finally, the Advisory Committee was approached by representatives of the Golden Gate Estates Civic
Association, Golden Gate Civic Association and the Golden Gate Chamber of Commerce. These three
groups indicated their collective community interest in having the BCC consider the landscaping of the
medians on the proposed Four-lane Widening Project for Golden Gate Boulevard.
FISCAL IMPACT: The BCC acceptance of the "Landscape Proposal" requires an obligation of Capital
Funds from Fund (301) and Maintenance Funds from Fund 004) over the next four fiscal years, as
summarized below:
Capital Fund (301)
FY98 ......................... $107,000
FY 99 ......................... $127,000
FY00 ......................... $141,500
FY0! ......................... $141.500
TOTAL $517,000
Maintenance Fund (104)
FY98 ........................... $109,400
FY99 ........................... $159,400
FY00 ........................... $209,400
FY 0! ........................... $259.400
TOTAL $737,600
GRAND TOTAL = $1,254,600
Continuing Annual Maintenance Cost After 2001 = $309,400
GROWTH MANAG_EMENT IMPACT: None
EXECUTIVE SUMMARY - Golden Gate Community
Roadway Beautification Master Plan
Page 3
RECOMIVlENDATION: That the Board of County Commissioners cxmsider thc Committee's
recommendation to: 1) Approve the Golden Gate Community Beautification Master Plan and, by resolution,
amend the Collier Streetscape Master plan to reference this document; 2) Approve and accept the "annual
cost for maintenance" of the Golden Gate Parkway Medians (from C.tL 951 to Santa Barbara Bird-)
commencing FY 97/98; (3) Approve as proposed the "Median Landscape 50/50 Funding Partnerflaip", and
direct staff to prepare a resolution, amend Ordinance(s) as required to reflect the directed change(s), and
authorize the preparation of all budget araendments to provide for the necessary funds; and 4) Direct rtaff to
review the feasibility of incorporating landscaping on Golden Gate Boulevard during construction of the
scheduled Four-lane Roadway Widening Project.
PREPARED BY:
Stephen F. Fabiano, Engineer II
DATE:
REVIEWED BY:
David F. Bobanick, Interim Transportation Director
DATE:
REVIEWED BY:
Ed Ilshner, Public Works Administrator
DATE:
EI/SF/DFB/052397/Golden Ga~e Beautification Two.doc
Atta~ta:
Project Phasing Map
Exhibit #A" - Goldea~ G~te Beautification Adviso~ Committe~ "Landscape Propo.~.l"
Exhibit ~B~- "Median Landscape Funding Partnerr, hip"
Exh~it ~B" (P~ge 2) - Administrative Service~ and Median Mtint~aance Costs
Pi~OJECT PHASING
MA P
33964
FRo ~
GATE
H
33964
. on {dernt on :
~cr numerous ^d~so~ Conu~incc mcc~gs and an in-depth review of thc Collier
Street.scape "Draft" Master Plan, the consensus of this Committee and the Local Golden
Gate Community Organizations are as follows:
a, If Santa Barbara Boulevard, the North portion of C.IL 951, and the newly scheduled
Golden Gate Blvd. widening Project, remain {;rdad.~ from the 5 year md/or 15 year
Landscape Plan; then it appears that this Plan provides very little benefit to the Citizens
of the Golden Gate Community Area. Additionally, it was recognized that if the
Scheduled Master Plan Projects remain p. dmaff~ on the East & North Naples Area
Roadways, then this Plan eliminates our Community and others entirely out of the
Funding Program, for at least the first 15 years.
The Advisory Committee, with the support of other Local Organizations, here today, have
come to advise the Collier County Board of Commissioners of our findings and request your
support and approval, in providing the Golden Gate Community their ~ of the
Collier County Streetscape Master Plan Improvements and County Funding.
Key-Facts To Support Considerations:
· Golden Gate M.S.T.U. Tax dollars have Funded the ~ ~ and
~ of the Parkways 2.1 miles of medians, for the past 10 years.
· The Golden Gate M.S.T.U./Community was instrumental in ".o./fl.e~ga:f~.Z the ~
Count. Median Landscaping Program, and if this had not been accomplished we would
still ~ be scheduled for Landscaping, following the Streetscape Master Plan schedule.
a, That both Corridor and Non-Corridor Roadways (i.e. Immokalee Road, Pine Ridge Road
-East and Bayshore Drive) have had Landscape Improvements Designed and Installed
with 50/50 County/Developer Funding Agreements, and the County has accepted aH
present arid future Landsca.ue Maintenance Costs.
· The Parkway was designated by the County M.P.O. as a "Corridor Road~vay' and is now
identified as a "Cml_e_w_~' in the Streetscape Master Plan, which further supports the
County's acceptance of Funding Costs for both Landscape h~stallation and Maintenance
of"Corridor Des~natear' Roadway Projects (i.e. Airport Road, Pine Ridge Road-West).
· That the current "maximum" M.S.T.U. millage rate of one-half (1/2) mill compromises
any Furore Median Landscape Improvements, unless the voters (by referendum) approve
an increase of an additional one half (I/2) mill.
ecommendarion:
· That thc Board of County Commissioners join in with thc Golden Gate
M.S.T.U./Community and take over thc ~ for t~,,intenance of thc ~
lands~ on Golden Gate Parkway from Santa Barbara Blvd. to C.R_ 951. To
establish a "Funding Parmcrship' that will provide a 50/50 Funding Program with thc
Golden Gate M.S.T.U./Community and thc County, that will initiate thc Median
Landscape Design and Construction, of thc following Roadway Projects:
· C.tL 951 - fi'om the Golden Gate Canal north io Green Blvd.
· Santa Barbara Blvd. - fi-om the Golden Gate Canal north to Green Blvd.
Additionally, that the Board of County Commissioners approve County staff to review
the proposed Widening Project of Golden Gate Boulevard to see if there is available
Funding to Landscape the proposed medians during the scheduled construction.
· Golden Gate Blvd. - fi'om C.R 951 to the end of the new 4 lane roadway.
Kev Facts To Su
ooort Recommendation:
Onlp i'f the County. ~ the Maintenance Costs for the Parkway Medians, can our
M.S.T.U. tax dollars become available to Fund, not only the "Partnership Projects", but
the future landscaping of our "Internal Roadways", as planned in the Golden Gate
Community Beautification Master Plan.
That following Board-acceptance of the Parkway Maintenance Costs, the Advisory
Committee would continue to provide all contract administrative services and there
associated costs, for not only the Maintenance Activities of the Parkway Medians, but for
all the new median landscaping proposed by our "Partnership Projects" and our Golden
Gate Community Beautification Master Plan.
and lastly, that Golden Gate Blvd. should be Landscaped with the revised 4 lane vs. 6
lane roadway construction Funds, and by such, provide additional savings for the County
if calculated against landscape installation after the roadway project is completed.
In closing, on behalf of the Golden Gate Advisory Committee and the Golden Gate
Community, I would like to thank the Board of County Commissioners for allowing us
this opportunity to present our proposal and we strongly request the Board's support and
approval of this proposal, which is so vital too achieving our Communities Landscape
Master Plan Goals & Objectives, for the next decade. :
EXHIBIT "B"
"MEDIAN LANDSCAPE 50/50 FUNDING PARTNERSHIP"
(Providing Parkway Maintenance Costs are accepted by County)
FUND (136) - GOLDEN GATE M.S.T.U. (Landscape Con.sm'uction)
FUND (301) - CAPITAL PROJECTS (Landscape Construction)
FUND (104) - ROAD CONSTRUCTION - DISTRICT 3 (Landscape Maintenance)
~ - Phase 1 (from the Golden Gate Canal to Golden Gate Parkway approx. 1 mi.)
Phase 2 (from the Golden Gate Parkway to Green Blvd. approx. 1 mi.)
Santa Barbara Blvd. - Phase 1
Phase 2
gu~ (136)
GOLDEN GATE M.S.T.U.
(from Coeonado Parkway to Green Blvd. approx. 1.0 mi.)
(from the Golden Gate Canal to Coronado Parkway approx. 1.0 mi.)
FUND (301 & 104)
COLLIER COUNTY
FY 97/98 C,R. 951 - PHASE 1
Contribution (Construction) .......
Contribution (Maint. ^dmin.) .....
Project Cost ............... $ 214,000
$107,000 Contribution (Construction) ........ $ 107,000
$ 42,000 Contribution(Maintmance) ........ $ 50,000.
FY 98~99
Contribution(Construction) .......
Conlribution (Add. MainL Admm.) $
C.R. 951 - PHASE 2
Project Cost ............... $ 254,000
$ 127,000 Contribution (Construction) ........ $ 127,000
3,250 Contribution (Maintenance) ........ $ 50,000
FY 99/00
Santa Barbara Blvd. -PHASE I
Project Cost ............... $ 280,000
Contribution (Consmu:tion) ........ $ 138,500
Contribution (Add.Maint. Admin.) $ 3,250
Contribution (Consm~don) ......... $141,500
Contribution (Maintenance) ......... $ 50,000
FY 00/01
Santa Barbara Blvd. - PHASE 2
Project Cost ............... $ 280,000
Contribution (Construction) ........ $ 138,500
Contribution (Add.Mamt. Admin.) $ 3,250
TOTAL (Construction) ....... $ 511,000
(Maint ^drain.) ...... $ 51,750
Contribution (Construction) ......... $ 141,500
Contribution (Maintmancx:) ......... $ 50,000
Contribution (Consm~on) ......... $ 517,000
Contribution (Maintenance) ........ $ 200,000
EXHIBIT "B"
ADMINISTRATIVE SERVICES/MEDIAN MAINTENANCE COSTS
of
GOLDEN GATE PARKWAY MEDIANS
FUND (136)
GOIJDEN GATE M.S.T.U.
(Continual Administrative Servic~O
FUND (104)
COLLIER COUNTY
(Accepted Contract Maintenance Costs)
Landscape Consultant ............ $ 6,500 Maintenance Contract
Administration Services ......... $ 5,200 (2.1 miles-medians only) .... $
Engineering Services ............. $ 5,800 Mulch ........................... $
Indirect Cost Reimbursement ....$ 3,000 Fertilizer ........................ $
Secretarial Services ............... $ 2,500 Electricity ...................... $
Transfer Smmrmry ................ $ 9,800 Irrigation Maintenance
R__eserve for Contingency ......... $ 9,200 (additional to contract) ....... '$ 4,000
TOTAL $ 42,000 TOTAL $109,400
88,000
12,000
2,800
2,600
CURRENT ANNUAL M S T U MAINTENANCE COST ................. ,
........ $151 400
EXECUTIVE SUMMARY
',OMMENDATION TftAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND
EXECUTE A LEASE AGREEMENT (AND SHORT FORM LEASE AGREEMENT) BETWEEN
COLLIER COUNTY AND PRIMECO PERSONAL COMMUNICATIONS AND A RESOLUTION
REGARDING SAME.
~: Recommendation that the Board of County Commissioners approve and execute a Lease
Agreement (and short form Lease Agreement) between Collier County and PrirneCo Personal Communications
and a Resolution regarding same.
(~ONSIDERATION: PrimeCo Personal Communications ("PrimeCo"), a Delaware limited partnership, has
requested use of one thousand (1,000) square feet of vacant County-owned property within the Vineyards
Community Park for the installation and operation of a one hundred twenty-five (125) foot above-ground
monopole communications tower. A diagram of the likeness of the tower is attached as an Exhibit to the Lease
Agreement.
The monopole will support operations for the transmission of signals for a new form of cellular-type
telecommunications called Personal Communications Services (PCS). PCS is a form of mobile
telecommunications differing from cellular service in that PCS requires many towers to relay radio transmission
signals from pole to pole as telephone poles relay signals, unlike cellular towers which have a wider range of
trace. PCS is marketed to be a more cost efficient mobile telecommunications service.
~e tower is equipped to accommodate three (3) separate communications systems. PrimeCo shall utilize one
(1) position at one hundred eleven (111) feet above-ground. Collier County shall be permitted to utilize the
location at either ninety (90) feet or one hundred ten (110) feet, if needed, without cost to the County. The 3
position shall be leased to others by PrimeCo in which the rental payments shall be collected by PrimeCo.
The term of the L~se shall be for fifteen (15) years with one (1) option to renew for five (5) years. The annual
rent, which shall be due in full upon the commencement date of the Lease, is fourteen thousand dollars
($14,000.00) and shall be due on the anniversary date for each ensuing year ofthe initial term. After the 5" year
ofthe Lt,J. se, the annual rent for the 6t~ through the 10~' year shall be increased by twenty (20) percent from the
5* y~ar's rent. This equates to six'teen thousand eight hundred dolla~z ($16,800.00) each year for y~rs six (6)
through ten (10). After the 10~' year, the rent for the renewal term of five (5) y~ars d'udl be increased by tw~aty
(20) percent of the increased rent calculated for the 10~' ye~. Therefore, twenty thousand one hundred .dxty
dolhua ($20~160.00) shall represeat the annual rent for yezrs el~wen (11) through fift~3 (15) if the ~
rmaewed. PrimeCo shall provide the County. with a one-time contribution often thousa~:l ($10,(XX).00) for the
County to make improvements, at the County's discretion, to benefit th~ Vine3'ards Commurfity Park. PrirneCo
i~ also reouired to provide a refundable security deposit of two (2) months rent equal, in8 two thousand three
hundred t'hirty-fi3ur dollars ($2,334.00), plus ten thousand dollars ($I0,000.00), of which shall be interest
l:~aring. Collier County shall have the right and title to all intere.q ~w, crued from the dq~osit~ upon the
termination &the Lease. --
No._ c._
HAY 27
Oellier County shall review and approve all plans and landscaping plans proposed by PrimeCo for the Demised
raises. PrimeCo shall maintain the Demised Premises without cost to Collier County. PrimeCo shall take out
~d maintain an insurance policy for comprehensive general liability for bodily injury and property damage. This
use has been reviewed and approved by the Planning Services Department.
The Office of the County Attorney, Office of Franchise Administration, Info;'mation Technology Department,
Planning Services Department and Risk Management Department have reviewed the attached Lease Agreement.
The terms of the Lease Agreement and proposed use of the subject property have been advertised pursuant to
Florida Statute 125.35. A copy of the advertisement and Affidavit of Publication are filed with the Real
Property Management Department for inspection.
FISCAL IMPA~TY: Twenty (20) percent ofthe rental amount and all interest from deposits shall be deposited
into MSTD General Fund (Office of Franchise Administration) and Eighty (80) percent shall be deposited into
General Fund (Vineyards Community Park).
GROWTH MANAGEMENT: None
RE(~OMMENDATION: That the Board of County Commissioners approve a Lease Agreement (and Short
Form Lease Agreement) with PrimeCo Personal Communications, L.P. and authorize its Chairman to execute
samc and a Resolution regarding same.
Michael H. Dowling, Real Prr~p)erty S~p..~ialist,
J~rt(es Fitzek, l~iscal"~r~alyst,/4~nchise Administration
DATE: ~3': ~o- ~ 9
Real Property Management Dept.
DATE:
(J&an Merfitt, Manager of?r~r~chise Administration
APPROVED BY:
Michael McNees, Acting County Manager
DATE:
AGENDA ITEM
No.
HAY 2 7 1997
Pg~
6
'7
8
9
10
11
12
13
14
16
17
18
19
2O
21
22
23
2.1
26
27
28
29
33
34
35
36
37
38
39
40
41
42
,{3
RESOLUTION 9'7 - _
RESOLUTION OF TIlE BOARD OF COUNTY COblMISSIONERS,
COLLIER COUNT5.', FLORIDA, APPROVING TIlE LEASE
AGI:LEEMENT BET"WEEN COLLIER COUNTY AND PI:L1MECO
PEI:LSONAL COblMUNICATIONS, L.P. FOR USE OF COUNTY-O~VNED
PROPERTY AT TIlE VINEYARDS COMMUNITY PARK.
WHEREAS, PrimeCo Personal Communications, L.P., a Delaware Limited Parmership,
hereinafter referred to a~ "PCS", desires to lease a portion of the Vineyards Community Park,
located at 6231 Arbor Boulevard, Naples, Florida, in Collier County, a political subdivision of
the State of Florida ("Collier County"), in order to construct and operate one (1) monopole
communications tower not to exceed a height of one hundred twenty-five (125) feet above
ground level, exclusive of any anterm~ that may be installed thereon, plus antenna support
structures and/or related facilities to be constructed on the ground within the Leased Area. No
antenna installed on thc tower shall exceed a height of one hundred forty (140) feet above ground
level; a. nd
\VHEREAS, thc initial Lease term shall be for ten (10) years, with one (1) additional
renewal term of five (5) years; and
V, qqEREAS, thc Lease terms were advertised pursuant Io Section 125.35, Florida
Statues; and
WHEP,.E. AS, the Board of County Commissioners is satisfied that this leased area will be
used for PCS's use and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thai:
1. The Board of County Commissioners docs approve the attached Lease
Agreement, Exhibit 'A', bctv.'ecn Collier County and PdmeCo Personal Communications, L.P.,
a Delaware Limited Partnership.
2. Thc Chairman of thc Board of County Commissioners of Collier County, Florida,
is hereby authorized to c×ecutc thc attached Lease Agrcemcnt on behalf of the County.
This Rcsolution adoptcd this ~ day of .., 1997 after motion,
second and majority vote.
46
47
48
49
50
51
52
ATTEST:
DWIGHT E. BROCK. Clerk
BOA.RD OF COUNTY COI~.fISSION'F-.RS
COLLIER COUNTY, FLORIDA
54
55
56
.57
BY:
· Deputy Clerk
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to form
and legal sufficiency:
Tho~nas C. Palm~'
Assistant County Attorney
AGENO.~ I~' F~'~
I~A'f 2 7 1~7
$
6
8
14
15
16
19
20
21
22
23
24
26
29
32
GROUND LEASE AGREEMENT
Site: 63028 - Vineyards Community Park (Naples)
39
43
49
Sl
THIS GROUND LEASE AGREEMENT ("Lease"), is entered into
effectively on the day of .., 1997, the ("Commencement
Date"), and between th----e two parties: Collier County ("OWNER") and PrimeCo
Personal Communications, L.P., a Delaware limited partnership ("PCS" or
"TENANT"). The parties agree as follows:
I. The Property:
Owner's Property; The Leased Area; And Tenant's
Property.
A. OWNER owns a parcel of land that has the following address: 6231
Arbor Boulevard, City of Naples, County of Collier, State of Florida, herein called
("OWNER's Land"), which is shown on attached Exhibit Al. PCS is in the
communications business and desires to lease land and an access easement thereto,
referred to herein collectively as the LEASED AILEA. OWNER's property is a
parcel of land that is larger in area than the LEASED AREA. The LEASED
AREA is a part of OWNER's Land. All personal property brought onto the
LEASED AREA by or on behalf of PCS is referred to herein as "TENANT's
Property." Any personal property brought onto the LEASED AREA by OWNER
or on behalf of OWNER is referred to herein as "OWNER's Property." Any
property brought onto the LEASED AREA by any third party is referred to herein
as "Third Party Property."
B. OWNER hereby leases the LEASED AREA to PCS. This Lease is
not a Franchise under any law, rule or regulation. The LEASED AREA comprises
approximately One Thousand (1,000) square feet of land: a fifty (50) foot by
twenty (20) foot parcel, plus an access easement thereto; both are as shown on the
attached Exhibit A2.
C. OWNER and PCS hereby agree that the LEASED AREA may be
surveyed by a licensed surveyor at PCS' costs, which survey may replace Exhibit
A2 and become a part hereof and shall supersede the first Exhibit A2 in the event
of any discrepancy between such survey and the description of Paragraph 1.B.,
above.
2. Lease: Access Easement.
OWNER hereby grants to PCS a non-exclusive access easement (during the
entire life of this Lease) for free access to the LEASED AREA seven (7) days a
week, twenty-four (24) hours a day. No above-ground structures shall be
constructed in the access easement.
3. Lease Term And Rent.
A. RENT PAYABLE IN MONEY. This Lease has an initial term of
fifteen. (15) years from the Commencement Date. The annual rent shall be
6
'7
$
9
10
12
14
16
17
20
21
22
24
2~
26
28
29
30
3!
2.2
'~4
3~
37
39
4O
42
43
44
46
4'7
49
$0
Fourteen Thousand Dollars (514,000,000), pro-rated at $1,167 per month. The
rent shall be paid annually in advance, beginning on the Commencement Date,
and thereafter-not later than each anniversary date thereof. Rent shall be paid to
OWNER. (or as OWNER may otherwise direct from time-to-time in writing at
least 30 days before the respective next rent payment date). Prior to and until the
first day of the month following commencement of delivery of any of PCS'
property onto the LEASED AREA, the Annual Rent shall be One Hundred Dollars
(5100.00), twelve (12) months of which shall be prepaid in advance. Any
unearned balance shall be credited against PCS' first payment of $14,000.00. In
the unlikely event that PCS has not delivered any property to the LEASED AREA
prior to the first anniversary date of this lease, PCS may either terminate this
Agreement upon written notice to Owner, without further obligation or liability: or
may allow this Agreement to remain in full force and effect provided if this
Agreement remain in effect, the 5100.00 per month rent shall automatically
increase to 514,000 per year, payable in full not later than the first anniversary
date of this Lease. PCS shall throughout this lease pay OWNER a late payment
charge equal to five percent (5%) of any payment not paid promptly when due.
Any amounts not paid promptly when due shall also accrue interest of two percent
(2%) per month or the highest interest rate then allowed by law, whichever is
higher, which interest shall be paid by PCS to OWNER. As additional one-time
consideration for the execution of this Lease by OWNER, PCS will pay OWNER
the sum of ten thousand dollars (SI0,000.00) to be used by OWNER to make
improvements to OWNER'S LAND.
B. CASH DEPOSITS BY TENANT. PCS shall also at that time deposit
with OWNER a refundable security deposit of two month's rent (initially
52,334.00) and a deposit of ten thousand dollars (510,000) that may be used by
OWNER in the event that PCS breaches this Lease and such breach causes
OWNER to incur expenses that would have not been incurred but for PCS' breach
of this lease, especially regarding removal of any of PCS' property from the
LEASED AR. EA. If in time OWNER deems such 510,000 deposit, with accrued
compounded interest thereon, to be insufficient to insure the necessary funds to be
available to remove all of PCS' property from the LEASED AREA, PCS shall
increase that deposit as demanded in writing by OWNER. OWNER shall have all
right and title to interest that may accrue on all deposits. If the parties hereto
should enter one or more other leases at one or more other sites, this deposit may
be applied by OWNER to any one, more, or all of the other sites.
C. LEASE EXTENSION,5'. This Lease may be extended by mutual
agreement for a five (5) year extension period at the end of the initial term of
fifteen (15) years provided that, not more than three hundred and sixty (360) days
prior to the last day of the fifteenth (I 50`) lease year and not less than one hundred
and eighty days (Ig0) prior to that date, PCS advises OWNER in writing of PCS's
intention to extend the Lease and commence negotiations. Failure to supply such
written notice shall operate as a termination of this Lease effective on the last day
of the fifteenth (15th) lease year. If the Lease, by mutual agreement, is extended
beyond the fifteenth (15m) year, the existing base rent for the fifteenth (15°`) lease
year shall be increased by at least ~,enty percent (20%) and the mutually agreed
upon sum shall be the base rent for the sixteenth (160`) lease year through the
twentieth (200`) lease year, unless agreed otherwise. Subject to OP,q',IER'S timely
receipt of such written notice of PCS's intention to extend and negotiate, OWNER
hAY 2 7 i, 97
7
I0
II
12
13
14
16
17
19
2O
2t
22
24
25
26
27
28
29
3O
31
33
34
35
37
39
41
42
43
44
4~
46
47
41
49
and PCS will negotiate in good faith to come to mutual agreement regarding terms
and conditions of the extended lease, which will be applicable as of the first day of
the sixteenth 0 6'~) lease year. If the parties do not mutually agree to extend the
lease on or before the last day of the fifteenth (15'h) lease year, the lease shall
terminate on the last day of the fifteenth lease year.
D. RENT INCREASES AT END OF FIFTH LEASE YEAR AND AT
END OF TENTHLEASE )'EAR. Effective on the first day of the sixth lease year,
the annual rent shall be increased as follows: The existing base rent for the fifth
lease year shall be increased twenty percent (20%). The resulting figure shall be
the base rent for the sixth lease year through the tenth lease year. Likewise,
effective on the first day of the eleventh (11°') lease year, the annual base rent for
the tenth year shall be increased by twenty percent (20%). The resulting figure
shall be the base rent for the eleventh (11'h) through the end of the fifteenth (I?)
lease year.
4. Use Of The Leased Area.
A. PCS shall use the LEASED AREA to construct, remove, replace,
maintain, secure and operate its communications facilities, consisting of one (1)
monopole communications tower that shall not exceed a height of one hundred
twenty-five (125) feet above ground level, exclusive of any antennas that may be
installed thereon, plus antenna suppor~ structures and/or related facilities to be
constructed on the ground within the LEASED AREA, to license part thereof to
third parties, and for any other lawful uses directly related thereto. No antenna
installed on the tower shall exceed a height of one hundred forty (140) feet above
ground. Subject to other provisions regarding approvals and technical
specifications related thereto, any and all antenna arrays (including those of third
par~ies) may from time-to-time be modified, added to, or substituted. Each
structure may be configured as requested by PCS from time-to-time, provided
PCS, at its sole expense, obtains all permits and approvals required by all
applicable jurisdictions, including OWNER, for each configuration.
B. PLANS REVIEWBY OWNER. OWNER shall have the right to review
and approve plans for any and all improvements installed within the LEASED
AREA, which approval shall not be unreasonably withheld or unreasonably
delayed. Prior to commencing any construction, PCS (and each third party
licensee) shall submit a copy of plans and specifications for all improvements to
OWNER for review and approval. No improvement, construction, installation or
alteration shall be commenced until plans for such have been approved by
OWNER and permits havc been issued to authorize such construction. Such plans
shall include, if applicable to the improvement, fully dimensional site plans that
are drawn to scale and show: (i) the proposed location of the antennas and
equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and
height of fencing; (iv) the proposed color of all structures, including fencing; and,
(v) the proposed type of construction for all structures, including fencing, and any
other details that OWNER may request. All improvements shall be constructed in
a workmanlike manner and shall be completed in compliance with all applicable
laws, rules, ordinances and regulations. Improvements to or within the LEASED
AREA (and within the easement access area) shall be at no expense to OWNER.
PCS and all Licensees shall maintain all of their improvements in a reasonable
MAY 2 7 i~7 L
6
?
$
9
10
II
12
14
~9
2!
2~
29
~0
32
3~
39
42
44
46
4'7
48
~9
condition throughout the life of this Lease to the reasonable satisfaction of
OWNER. TENANT shall allow OWNER free access to its ow'n personal property
within the L~ASED AREA at r~l reasonable times that OWNER desires such
access. In the event that OWNE'~L may be required by law to install other personal
property within the LEASED AREA, OWNER reserves the right to do so free of
charge p,-ovided such property does not materially harm the use of the tower by
PCS or by any third party licensee. OWNER has no knowledge of any potential
requirement to install any such property within the LEASED AREA. As the
LEASED AKEA is in a park, landscaping and security fencing are of particular
concern to O\VNER; therefore, PCS shall be required to install, repair, and
maintain landscaping and security fencing to the reasonable satisfaction of
OWNER.
C. THREE C03fMUNIC,4TIONS SYSTEMS. The tower and all other
facilities shall be designed and constructed so as to accommodate at least three (3)
separate communications systems. PCS shall have the exclusive right to use the
portion of the to:vet above I10 feet above ground level ("AGL") PCS hereby
grants to OWNER thc option (by license) to utilize, free from the payment of any
rent. that portion of the tower between 90 feet AGL and 110 feet AGL. OWNER
m3y advise PCS at any time(s) of OWNER'S desire to use such area, but OWNER
shall nor bc required to make its decision(s) regarding its use of that area except in
response to a bona fide offer from a Third Party to PCS to license that space.
O\VNER may take up to sixty (60) days from the receipt of notification by PCS
that an offer from a Third Party has been received, which notice shall describe the
offer in detail, to make its decision. If OWNER decides that it does not desire to
use space for its o..~'n needs or for the use and benefit of any other Users, Ox,V'NER
',viii not exercise its option to use that space and that decision shall release that
space to PCS for licensure to that Third Party. These valuable assets are to be
used and shall not be reserved for remotely possible future uses. PCS shall license
the remaining area on the tower, (and such ground space as is then required) to a
Third Party on such lawful and reasonable terms and conditions as chosen by PCS.
If the space that is subject to Owner's option is licensed to a Third Party and that
license comes to an end, that circumstance shall automatica!ly reinstate OWNER's
option to elect to usc that space, which option OWNER may the exercise or may
wait until there is another offer from a Third Party to use that space. If OWNER.
decides to usc that space, OWNER. shall be required to meet the terms of the offer
from the Third Party, except the total amount of rent and/or other payments that
OWNER must pay to PCS shall never exceed the rent then payable to OWNER by
PCS. In the event OWNER. desires to install equipment on the Tower, OWNER-,
at OVV'NER.'s e×pense, shall submit to PCS the following: (a) detailed site plans as
well as plans and specifications setting forth the proposed antenna and other
equipment and construction, installation, and other work to be performed on the
Tov.,er and LEASED AREA; and (b) a list of all frequencies currently or
anticipated to be licensed or assigned to OWNER by the FCC. If required by PCS,
O\\q,,TER shall also submit a structural analysis of the Tower addressing the
installation of additional antenna and other equipment on the Tower and
demonstrating that the installation of such items will not exceed the load capacity
of the Tower. OWNER shall not install any equipment or commence any work on
the Tower or the LEASED AREA until PCS approves, in writing, the OWNER's
plans and specifications, frequencies, and structural analysis, if any; such approval
to be given in PCS' reasonable discretion.
~7
20
2!
22
2~
29
30
32
3~
.,17
~9
42
.t.4
46
47
$0
D. TH/RD ?ARTY L/C£NS£ES. Each license (which includes each
User) shall affrays bc subject to all terms and conditions of this Lease, and each
license shah be subject to review and approval of FCS. OWNER. has the right, but
not any duty, to review each proposed license. Usc of the tower and site by
OWNER. and each third party shall be subject to written approval by PCS upon
such reasonable terms and conditions as may bc required by FCS. FCS makes no
representations to OWNER. or to any third party that thc LEASED AREA, the
tower or/or any other thing will be suhablc for OWNER's needs or thc needs of
any third party, and ?CS has no obligation to modify any facility to suit
OWNER's needs or the needs of any third party. Each Licensee shall be solely
responsible for the cost oflocating and placing its property onto the tower and into
any ancillary structures on site. Each Licensee shall a!so be responsible for any
liabilities that may arise from that Licensee's use of any part of the LEASED
AREA, including the tower. PCS shall promptly notify OWNER in writing of all
license requests which PCS receives for use of the Tower or any other part of the
LEASED APDA.
i. The third party, at the third party's expense, shall submit to
PCS the folloxving: (a) detailed site plans as well as plans and specifications
setting forth the proposed antennas and other equipment, the height and location
of such antennas and other equipment, and thc construction, installation and other
work to be performed on the Tower and LEASED AREA; and Co) a list of all
frequencies currently or anticipated to be licensed or assigned to the third party by
the FCC. If requested by PCS, the licensee shall supply to PCS a structural
analysis of the Tower addressing the installation of additional antennas and other
equipment on the Tower by the third party and demonstrating that the installation
of such antennas and equipment will not exceed the load capacity of the Tower.
The third party shall not install any equipment or commence any work on the
To~ver or the LEASED At:LEA until PCS approves, in vw'iting, the third party's site
plans, plans and specifications, frequencies, and structural analysis (if any), such
approval to be giw:n in PCS' reasonable discretion.
ii. The third party's use of the Tower shall be limited to the
antennas and other equipment and frequencies approved and expressly agreed
upon in advance by PCS pursuant to paragraph 4. D. i above.
iii. The third party's installation, use and occupancy of thc Tower
and LEASED AP,.EA shall be in continued compliance with all then applicable
laws, regulations and requirement,: of all federal, state, and local authorities,
including the FCC.
iv. .THIRD P^RTY _ASSUMPTION OF RISKS A~
INSURANCE R~Q~[t?~J~. The third party shall assume all risks in
connection with the installation, operation, maintenance, repair, replacement and
removal of the third party's antennas and all other property located on the
LEASED AREA and the Tower. The third pan'y shall maintain commercial
general liability insurance insuring against liability for personal injury, death or
damage to personal property arising out of use of the Tower by the third party.
Such insurance shall provide coverage (in an amount of not less than one million
dollars ($1,000,000.00) for bodily injury or death to any one (I) or more persons
4
?
~o
t!
t~
I?
t~
2~
2~
2s
29
3:'
3S
37
4O
41
42
43
44
45
47
48
and in an amount nol less than one million dollars ($1,000,000.00) for property
damage and shall include a contractual liability endorsement naming PCS as an
additional insured on such policies. 'All insurance policies shall be written with
insurance companies qualified to do business in Stale of Florida and shall provide
for thirty (30) days written notice to PCS prior to cancellation. Certificates of
such policies shall be delivered to PCS prior to the installation of the third party's
equipment. Furlher, the third party shall reimburse PCS for any damage to the
Tower or PCS' equipment, and shall be required to indemnify and hold PCS
harmless from any and all liability, claims, demands, actions, losses, damages,
orders, judgments and any and all costs and expenses including, without
limitation, reasonable attorneys fees and costs, arising from or incurred in
connection with claims for injury to persons or properly caused by the act or
omission of such third party or its respective agents, contractors or employees
including, without limitation, the use of the Tower, LEASED AREA or third
party's equipment or the breach ofany contractual obligation to OWNER or PCS.
v. The third party's license to use the Tower may be assignable.
vi. PCS shall have the right to have a representative present during
the installation of the third party's antennas and other equipment.
vii The third party's installation of the third party's antennas and
other equipment on the Tower and the LEASED AREA shall be performed on
dates and at times and within time frames approved by PCS in writing and shall
not interrupt or imerfere with the operation of PCS' communications system or
PCS' equipment unless PCS agrees to such inlerruption or interference in writing.
E. MAhVTENA?FCE, REPAIR AND REPLACEMENT OF PROPERTY.
i. PCS shall maintain, repair and replace the Tower, all of its
equipment and all other of its personal property to the highest quality
construction, repair and maintenance standards during the entire life of this
Lease.
ii. OWNER shall maintain, repair and replace OWNER's
equipment. In order to protect the integrity of the Tower, OWNER agrees
that any maintenance, repair and/or replacement performed on the
OWNER's Property shall be done in a workmanlike manner consistent with
PCS' high quality construction standards.
iii. EACH THIRD PARTY shall be required herein' and by its
respective license agreement to do likewise for all of its Third Party
Property. In order to protect the integrity of the Tower, each third party
must in its license agreement agree that any maintenance, repair and/or
replacement performed by it or on its behalf of its Personal Property shall be
done in a workmanlike manner consistent with PCS' high quality
construction standards.
iv. NON-INTERRUPTION AND NON-hVTERFERENCE. Any
maintenance, repair or replacement work performed on OWNER's Property
shall not interrupt or interfere with the operation of PCS' communications
A GEt..~i2.,A/ITE M x
MAY 2
1
2
3
4
6
'7
'9
~0
II
12
13
16
17
18
19
20
21
22
23
24
25
26
27
29
30
3~
32
33
34
3~
36
3'7
38
39
40
41
43
44
45
46
$o
'~1
system or PCS' equipment unless PCS specifically agrees in writing to such
interruption or interference.
v. PLAN REVIEW BY PCS. Prior to the commencement of'any
maintenance, repair or replacement work on OWNER's Property, OWNER
shall submit to PCS for approval plans and specifications of the
maintenance, repair and replacement work to be performed. PCS shall have
the option to comment upon such plans, specifications and contractor prior
to the commencement of any maintenance, repair or replacement work, all
at the Property Owners' expense.
vi. NOTICE TO PCS. OWNER shall provide PCS with at least
forty-eight (48) hours notice prior to any maintenance, repair or replacement
work that will require access to the Tower structure or LEASED AREA,
unless an emergency exists in which case notice shall be provided to PCS
not later than twenty-four (24) hours after access to the Tower structure or
LEASE AKEA has occurred. PCS shall have the right to have a
representative present during any non-emergency maintenance, repair or
replacement by OWNER (or Third Party Licensee) that will require access
to the Tower or to the LEASED AREA, bul not the tower.
F. INTERFERENCE. PCS agrees to install communications equipment
of a type and frequency which will not cause interference with OWNER's
equipment at the LEASED AREA. In the event PCS' equipment causes
interference with OWNER's equipment at the LEASED AREA, PCS will take all
steps necessary to correct and eliminate such interference at PCS' sole cost and
expense. OWNER agrees not to allow any future use of OWNER's equipment or
addition and/or modification to any current use of the Tower or OWNER's
property that may cause interference with or the improper operation of the Tower,
PCS' equipment, or PCS' communications signal or system. In the event that any
addition or modification to the OVv'NER's equipment causes interference with
PCS' equipment or communications signal and/or system, OWNER, upon
notification of such interference, agrees to promptly remedy such interference at
OWNER's expense until such interference is corrected to PCS' sole and
reas6nable satisfaction. In the event OWNER and PCS cannot resolve such
interference problems, OWNER and PCS agree to resolve any interference
disputes by arbitration which shall be performed in accordance with the Rules of
the American Arbitration Association. The arbitration decision/award shall be
binding upon OWNER and upon PCS and may be entered in any court having
jurisdiction thereof. OWNER and PCS agree that the costs associated with any
arbitration shall be borne by PCS if PCS is the cause of the interference or by
OWNER if OWNER is the cause of the interference.
G. BARE LICENSE TO PARK VEHICLES. If there is insufficient space
to park same within the LEASED AREA, Owner hereby grants to PCS and each
future third parry licensee, subject to availability of space for same, a bare license
with no interest coupled thereto to park their respective motor vehicles on
OWNER's Property for short periods of time while the vehicle owner/entity is
constructing, removing, replacing and/or servicing its antenna(s) and/or its
communications facilities within the LEASED AREA.
6
?
$
9
lO
16
17
19
2O
22
23
24
2~
2~
29
3O
33
34
36
~7
39
40
42
44
4.5
46
45
49
H. OWNERSHIP OF TOWER AND OTHER PROPERTY.
(1) D~rinu Thc Life Of Thi§ Lease: Thc Tower shall remain thc property
of PCS during the life of this Lease. Any other property brought onto' the
LEASED AREA by or on behalf of PCS shall remain the property of PCS during
the life cf this Lease and after termination of this lease. All property brought upon
the LEASED AREA by OWNER shall remain the property of OWNER. All
property brought upon the LEASED AREA by any third party shall remain the
property of that third party during the life of this Lease and after expiration or
termination of this Lease except as may be specified otherwise in the respective
controlling license agreement for the subject property of that third party licensee.
(2) At Expiratign 9r Termin~tign Of Lca~;¢: Upon expiration or
termination of this Agreement, PCS shall, at no cost to OWNER, remove the
tower and all of its other property from the LEASED AREA unless OWNER
directs othcnvise to PCS. If the termination or expiration of this Lease occurs
before an extension into the eleventh lease year (See Section 3 (C)), and if
OWNER elects to acquire ownership of the tower, Owner must pay to PCS the
then depreciated book value of the Tower. If this lease expires or is terminated
after the Lease is extended into the eleventh lease year per Section 3 (C), OWNER
may direct to PCS that PCS shall not remove the tower from the LEASED AREA,
whereby Tower shall thereby automatically, at no cost to OWNER, become the
sole property of OWNER, and PCS, upon removal of all of its other property from
the LEASED AREA, shall then have no further duty or responsibilities with
regard to the tower.
(3) Third Party Licen~;¢¢~;: Each license from PCS to each third party
shall specifically require that at the end of this Lease each third party shall
immediately remove all of its property from the LEASED AREA. All property
removed by PCS or third party shall be removed by or on behalf of its then owner
without delay and at no cost to OWNER. Removal of all property by or on behalf
of PCS and each third party licensee shall be done in a workmanlike manner and
the LEASED AREA shall be restored by PCS to its original condition, normal
wear and tear excepted. OWNER may, however, then grant to a respective third
party a license to remain on the Tower and/or the LEASED AREA, in which event
the property of the third party licensee may remain in accord with such license.
(4) Bill of Sale: In the event that OWNER desires to acquire ownership
of the tower, for record keeping purposes and County property inventory contxol
purposes, PCS will, at no cost to OWNER, convey to OWNER a Bill of Sale for
the Tower. Absent a controlling law to the contrary, failure to convey the Bill of
Sale shall not, however, affect the total automatic transfer of title to the Tower to
OWNER.
5. Early Termination Of This Lease By PCS.
If any of the following events (paragraphs A through E) occur, PCS has the
right to immedialely terminate this Lease by giving written notice to OWNER of
such termination before three hundred and sixty-five (365) days of the
Commencement Date.
6
?
$
9
~0
16
17
20
27
30
~0
41
~2
~6
47
49
5O
A. PCS determines, in its sole discretion, that it will be unable to obtain
all necessary Governmental Approvals for PCS' intended uses of and
improvements-to thc LEASED AREA as desired by PCS; or.
B. PCS' application for any Governmental Approvals necessary for
PCS' use of the LEASED AREA and/or TENANT's Property and improvements
desired by PCS is denied; or
C. Any Governmental Approvals necessary for PCS' use of the
LEASED AREA and/or improvements to the LEASED AREA, whether now or
hereafter desired by PCS, have been canceled, have expired, have lapsed or have
otherwise been withdrawn, terminated or denied so that PCS, in its reasonable
judgment, determines that it will no longer be able to use the LEASED AKEA for
PCS' intended uses; or
D. The Federal Communicalions Commission ("FCC") allocates the
frequencies at which PCS may operate the subject antennas and related equipment
and may from time to time change such frequencies. Any change of this nature
that, in PCS' reasonable judgment, renders its operation of a wireless
communications facility at the LEASEf) AREA obsolete; or
E. If PCS determines that the LEASED AREA has become unsuitable
for PCS' operations due to changes in system design or network design or in the
types of equipment used in such operations, or PCS' operations at the Property
become unprofitable.
F. Any timely termination notice delivered to OWNER by PCS shall
cause this Lease to expire with the same force and effect as though the date set
forth in such notice were the date originally set as the expiration date of this Lease
and the parties shall make an appropriate adjustment, as of such termination date,
with respect to payments due to the OV~qER under this Lease.
G. OWNER shall have at its sole discretion the option of terminating
this LEASE if PCS conclusively and finally loses its license from the FCC to
provide PCS/cellular services for any reason, including, and not limited to, non-
renewal, cancellation, or expiration of the license. If the loss of the license is not
due to any fault of PCS, and OWNER desires to own the tower and/or other
facilities, OWNER shall pay to PCS the then depreciated book value of the tower
(and any other facilities that may be conveyed by agreement between PCS and to
OWNER). If the loss of that license is due to the fault of PCS, including non-
feasance, such loss of the license shall, at OWNER's election, forfeit the tower to
OWNER. OWNER may terminate this Lease if PCS does not in good faith make
and continue to pursue all reasonable efforts to obtain all required permits and
construct the planned tower and all necessary related facilities.
6. Assignment And Subletting.
A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a
Subsidiary or Affiliate of a Partner Company of PCS (as defined below), PCS
shall not assign this Lease, or allow it to be assigned, in whole or in part, by
operation of law or otherwise. PCS shall not mortgage or pledge this Lease or any
2~
3O
31
32
34
37
39
4t
42
43
44
45
4&
47
48
49
I of TENANT's property, or any part thereof, nor sublet any part of the tower or
other of TENANT'S Property without the prior written consent of OWNER, which
consent shall-not be unreasonably withheld or unreasonably delayed. Any
s assignment or other transfer not authorized by OWNER shall be void ab initio.
6 B. NYNEX, Bell Atlantic, AirTouch Communications, and U.S. West
? are each currently a Partner Company of PCS. As used in this Lease, an Affiliate
s of any entity is any corporation fifty-one percent (51%) or more of the stock of
9 which is owned, directly or indirectly, by such entity. A Subsidiary of an entity is
~o any corporation eighty percent (80%) or more ofwhich is owned by such entity.
~2, C. No consent by OX, VNER to any assignment, lease, sublease or any
~3 other transfer by PCS shall relieve PCS of any obligation to be performed by PCS
~4 under this Lease, whether arising before or after the assignment, sublease or other
~s transfer. The consent by OW'NER to any assignment, sublease, or other transfer,
~6 shall not relieve PCS from the obligation to obtain OWNER's express written
~7 consent to any other or subsequent assignment(s), sublease(s) or other transfer(s).
~s It is contemplated by OW'NER and PCS that PCS will license space on the tower
~9 for installation of antennas by third parties, and that PCS may license space on the
2o ground to third parties for location of their equipment related to their antennas
:~ installed on the tower.
22
23
D. Any sale or other ':ransfer, including by consolidation, merger or
reorganization, of a majority of the voting stock of PCS (if PCS is then a
corporation) or any sale or other transfer ora majority interest (whether of profits,
losses, capital, or voting power) or a majority of the persons composing the
managers of the partnership (if PCS is then a parmership), shall not be an
assignment for purposes of this Section 6.
7. Utilities,
PCS shall be responsible directly to all serving entities for all utility
services used at the LEASED AP.EA. OWNER. agrees to cooperate with PCS in
its efforts to obtain utilities from any location provided by the OWNER or by any
other servicing utility.
8. Indemnification, Insurance, Assumption Of Risk.
A. Subject to Paragraph 8.E., PCS hereby agrees to indemnify and hold
OWNER harmless from and against any and all claims of liability for personal
injury or property damage to the extent that they result from or arise out of.' (i) the
acts or omissions of PCS, its agents and employees in, on or about the LEASED
AREA and/or the easement access area, excepting however, such claims or
damages as may be due to or caused solely by the acts or omissions of OWNER,
its employees or agents; and/or (ii) PCS' breach of any term or condition of this
Lease on PCS' part to be observed or performed.
B. To the extent then allowed by law, and subject to Paragraph 8.E.,
OWNER hereby agrees to indemnify and hold PCS harmless from and against any
and all claims of liability for personal injury or property damage to the extent that
they result from or arise directly out of: (i) the acts or omissions of OWNER, its
10
1
2
3
,4
'7
8
~0
I1
II
16
17
18
19
20
~6
~?
~8
~6
~6
4?
48
$o
agents and employees in, on or about the LEASED AREA and/or access easement
area, excepting, however, such claims or damages as may be due to or caused
solely by the acts of PCS, its employees or agents; and/or (ii) OWNER's breach of
any term or condition of this Lease on OWNER's pan to be observed or
performed.
C. PCS shall provide OWNER with a cerlificate of insurance, issued by
an insurance company licensed to do business in the State of Florida proving that
PCS then carries comprehensive general liability insurance with limits of liability
thereunder of not less that One Million Dollars ($1,000,000.00) combined single
limit for bodily injury and/or property damage together with an endorsement for
contractual liability. Such insurance shall name OWNER as an additional insured
with respect to the LEASED AREA and with respect to PCS' Property. PCS will
provide OWNER with a renewal certificate within ten (I0) business days of
OWNER's request for such certificate. Any insurance required to be provided by
PCS under this Paragraph 8 may be provided by blanket insurance policy covering
the LEASED AREA and PCS' Property and other locations of PCS, provided such
blanket insurance policy complies with all of the other requirements of this Lease
with respect to the type and amount of insurance required. PCS may also fulfill its
requirements under this Section 8 through a program of self-insurance. If PCS
elects to self-insure, then PCS shall furnish OWNER with a letter stating that said
self-insurance program then in effect provides for coverage equal to or greater
than that required of PCS herein by private insurance. OWNER cannot be certain
that the specific insurance requirements specified in this Lease will be adequate
with the passage of time; therefore, OWNER reserves the right to reasonably
amend the insurance requirements by issuance of Notice in writing to PCS,
whereupon receipt of that Notice PCS shall have sixty (60) days in which to obtain
the required additional insurance, unless, for good cause, OWNER requires that
such insurance be acquired in less than sixty (60) days.
D. OWNER shall provide PCS with a certificate of insurance, issued by
an insurance company licensed to do business in Florida indicating that OWNER
carries comprehensive general liability insurance with limits of liability thereunder
of not less than One Million Dollars ($I,000,000.00) combined single limit for
bodily injury and/or property damage, together with an endorsement for
contractual liability. OWNER will provide PCS with a renewal certificate within
ten (10) business days of?CS' request for such certificate.
E. Each such policy described in either paragraph (C) or (D), above,
shall be written so as to provide that the insurance company waives all rights of
recovery by way of subrogation it may have against OWNER or PCS in
connection with any loss and/or damage covered by such policy. The OWNER
and PCS agree and hereby release each other with respect to any claim (including
a claim for negligence) which the other party may have against such party for loss,
damage or destruction of, or liability for damages to, the LEASED AREA and/or
TENANT's property occurring during the term of this Lease, as same may be
extended, and normally covered under a fire insurance policy with extended
coverage. Notwithstanding anything contained in this Lease to the contrary, the
provisions of this Paragraph 8.E. shall control.
$
?
9
1o
II
12
16
17
19
20
2[
22
23
24
25
29
3O
31
32
34
3.~
36
38
39
40
41
42
43
44
46
47
49
F. ASSUMPTION OF'RISK BY PCS. PCS accepts the LEASED AREA
"as is." PCS, for its officers, agents, affiliates, contractors, materialmen, suppliers,
laborers, and employees (collectively "PCS" for the purposes of this Section 8)
hereby undertakes and assumes all risk of dangerous conditions, if any, on the
LEASED AREA and on the access easement area, and hereby agrees to indemnify
and hold harmless OWNER and all Users against and from any claim asserted or
liability imposed upon OWNER or any User for personal injury or property
damage to any person (other than from OW'NER's gross negligence) arising out of
the PCS' installation, operation, maintenance, condition or use of the LEASED
AREA and/or the access easement area, or PCS' failure to comply with any
federal, state or local law, ordinance, rule or regulation.
9. PCS Defaults.
A. The occurrence of any one or more of the following events shall
constitute an "Event of Default" of this Lease by PCS:
(I) The failure by PCS to make any payment of rent as and when
due. Each rent payment shall be mailed to O\VNER via certified mail, return
receipt requested, or by any other method where PCS is notified in writing by the
carrier that deliver3, of the rent to the OWNER has actually occurred. O\VNER
shall have no duty or responsibility to notify PCS of any late payment or of the
fact that the payment was less than the full amount then due to OWNER except as
prerequisite to declaring PCS to be in default ofthis Lease.
(2) The failure by PCS to observe or perform any of the covenants
or provisions of this Lease to be observed or performed by PCS, other than as
specified in Paragraph 9.A. (1), where such failure shall continue for a period of
thirty (30) days after ',witten notice thereof is received by PCS from OWNER;
provided, however, that it shall not be decree(; an Event of Default by PCS if PCS
shall commence to cure such failure within said thirty (30) day period and
thereafter diligently prosecutes such cure to full completion.
(3) If PCS abandons or vacates the Property.
(4) To the extent allowed by law, ifPCS is adjudicated as bankrupt
or makes any assignment for the benefit of creditors; or if PCS becomes insolvent
or OWNER reasonably believes itself to be insecure.
B. If there occurs an Event of Default by PCS, in addition to'any other
remedies available to OWNER at law or in equity, OWNER. may elect to terminate
this Lease and all rights of PCS hereunder.
C. If there occurs an Event of Default by PCS, OWNER shall 139.I have
the right, prior to the termination of this Lease by a court of competent jurisdiction,
to enter upon any of TENANT's Property and/or remove persons or property from
TENANT's Property, except as needed to accomplish emergency repairs.
D. In the event ora material default of this Lease by PCS, OWNER shall
have the right, at its option, in addition to and not exclusive of any other remedy
OWNER may have by this Lease or by operation of law, without any further
12
!
2
4
5
6
7
12
20
21
22
23
2.4
25
2'7
28
29
3!
3.t2
'13
34
'16
39
.40
4!
42
46
47
,48
49
$0
demand or notice, to chhcr (a) declare this Lease at an cnd, If or&red by
OWNER, PCS shall immediately remove the tower and ils property as specified
by OWNER, ahd PCS shall then pay to OWNER a sum ofmoney equal to the total
of (i) the amount of unpaid rent, if any, then accrued through the date of
termination; (ii) the amount by which the unpaid rent reserved for the balance of
the term; and (iii) any other amount necessary to compensate OWNER for all
detriment proximately caused by PCS' failure to perform its obligations under the
Lease; or Co) without terminating this Lease, OWNER may relet the tower, for the
account of PCS upon such terms and conditions as OWNER may deem advisable,
and any moneys received from such reletting shall be applied first to the expenses
of such reletting and collection, including reasonable attorneys' fees, real estate
commissions paid, if any, and thereafter be applied toward payment of all sums
due or to become due to OWNER hereunder, and if a sufficient sum shall not be
thus realized to pay such sums and other charges, PCS shall pay OWNER,
monthly, any deficiency, notwithstanding that OWNER will have received rental
payments in excess of the rental to OWNER stipulated in this Lease in previous or
subsequent months, and OWNER may elect to bring an action therefor as such
monthly deficiency shall arise.
E. No re-entry and taking of possession of TENANT's Property by
OWNER shall be construed as an election on OWNER's part to terminate this
Lease, regardless of the extent of renovations and alterations by OWNER, unless a
written notice of such specific intention is given to PCS by OWNER.
Notwithstanding any reletting without termination, OWNER may at any time
thereafter elect to terminate this Lease for any such previous breach.
10. Notices.
All notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given if sent by certified mail, return receipt
requested, addressed as follows (or to any other mailing address which the party to
be notified may designate to the other party by such notice) or by overnight
courier service. Should OWNER or PCS have a change of address, the other party
shall immediately be notified as provided in this Paragraph of such change.
Unless OWNER otherwise specifies in writing, rent checks from PCS shall be sent
to the person listed below to whom notices are sent.
PCS:
PtLIMECO PERSONAL COMMUNICATIONS, L.P.
777 Yamato Road, Suite 600
Boca Raton, Florida 33431
Attn,: Property Manager
Telephone Number: (561) 995-5500
With a copy to: Edward Wholl, Esquire
Address: 8875 Hidden River Parkway, Suite. 350, Tampa, FL 33637
Attention: Legal Department
Telephone Number: (813) 615-4840
OWNER: Collier County
Attention: Franchise Administration Coordinator
13
4
S
6
7
S
9
10
I!
13
14
IS
16
20
21
22
24
25
29
30
31
32
34
36
37
38
39
40
41
42
44
46
47
4t
49
Address: 3301 East Tamiami Trail, Administration Building
First Floor
N~ples, FL 34112
Telephone Number: (941 ) 774-8577
With a concurrent copy each to: (1) Office of the Collier County Attorney and (2)
Collier County's Real Property Management Department.
11. Sale Or Transfer Of The Leased Area By Owner.
The LEASED AREA is in a'park. OWNER has no plans to sell or
otherwise convey away any part of or any interest in any part of the LEASED
AREA to PCS or any other person or entity. Should OWNER, at any time during
the life of this Lease, sell, lease, transfer or otherwise convey all or any part of the
LEASED AREA, to any transferee other than PCS, then such transfer shall be
under and, during the entire term of this Lease, shall be subject to this Lease and
all of PCS' fights hereunder.
12. Hazardous Substances.
A. OWNER has no kno~vledge that neither OWNER nor any other
person or entity has used, generated, stored or disposed of, or permitted the use,
generation, storage or disposal of any Hazardous Material (as defined in Paragraph
12.B, below) on, under, about or w/thin any part of OWNER's Property in
violation of any law or regulation. OWNER and PCS each agree that they will not
use, generate, store or dispose of any Hazardous Material (as defined in Paragraph
12.B, below) on, under, about or within OW'NER's Property in violation of any
applicable law or regulation.
B. OWNER and PCS each agree to defend and indemnify the other and
the other's parmers , affi lares, agents and employees against any and all losses,
liabilities, claims ancL'or costs (including reasonable attorneys' fees and costs)
arising from any breach of any warranty or agreement contained in Paragraph
12.A. As used in Paragraph 12.A, azartaous Material" shall mean any
substance, chemical or waste identified as hazardous, toxic or dangerous in any
applicable federaI, state or local law or regulation (including petroleum and
asbestos).
13. Condemnation.
A. Whole Condemnation. Because OWNER is a governmental entity
and few condemnors have authority to condemn the LEASED AREA, it is
unlikely that the LEASED AREA will ever be condemned. If the LEASED
AREA, including without limitation any of TENANT's Property, shall be taken or
condemned, either temporarily or permanently, for public purposes, or sold to a
condemning authority under threat of condemnation to prevent taking, then this
Lease shall automatically terminate as of the date of the taking, condemnation, or
sale.
B. Partial Condemnation. If any portion of the LEASED AREA shall
be taken or condemned, either temporarily or permanently, for public purposes, or
14
MAY 2 7 '""
I!
2o
2~
22
2~
2a
2~
2~
27
2a
29
Bo
32
,~o
,~9
$o
sold to a convening authority under threat of such condemnation to prevent taking,
).hen OWNER agrees that PCS may use and/or cons).ruct upon an alternative
portion of OV~lqER's Property that is suitable for PCS' purposes, provided such
suitable space is available. The exact site to which PCS may relocate will be
determined by OWNER, and it may be any portion of OWNER's Property (or
other property owned or controlled by OWNER.), provided PCS approves the new
site as being suitable for PCS' intended uses. OWNER will designate a site to
which PCS may relocate prior to the taking, condemnation or sale. In the event no
alternative portion of the OWNER's Propen'y is suitable for PCS' purposes, then
this Lease shall forthwith automatically terminate as of the date of the taking,
condemnation or sale.
C. Condemnation Award. OWNER shall receive the entire
condemnation award for the land and all other improvements as were paid for by
OWNER. PCS hereby expressly assigns to OWNER any and all right, title and
interests of' PCS now or hereafter arising in and to any such award. PCS shall
have the right to recover from the condemnor, but not from OWNER, any
compensation as may be awarded to PCS on account of the taking of its leasehold
interest, moving and relocation expenses, and depreciation to and removal of
personal property and fixtures of PCS from the LEASED AREA.
14. Liens.
PCS shall keep TENANT's Property free from any liens arising out of any
work performed, materials furnished, or obligations incurred by or on behalf of
PCS. PCS shall, within twenty (20) days following the imposition of any such
lien, cause the same to be released of record either by payment thereof or by
posting of a proper bond in accordance with Section 713.24, Florida Statutes. No
work which OWNER performs or has performed within the LEASED AREA shall
be deemed to be for the use and benefit of OWNER so that no mechanics or other
lien shall be allowed against the estate of OWNER by reason of OWNER's
consent to any such work. OWNER may, at its election, post notices in the
LEASED AREA advising that OWNER it is not responsible for payment for any
such work.
15. Fire And Other Casualty Damage To Facilities.
If the tower and/or related facilities is/are totally or substantially destroyed
by an act or occurrence beyond the control of PCS, PCS may terminate this Lease
effective on the date of such occurrence, or PCS may elect to rebuild the tower or
construct a similar tower. If PCS elects to terminate this Lease under this
provision, any unearned rent for the remainder of that lease year shall be refunded
by OWNER to PCS provided PCS has not otherwise breached this Lease to the
monetary detriment of OWNER or to any User. If PCS elects to rebuild the tower
(or construct a new tower) the annual rental shall be reduced to $100.00 per month
for only the ninety (90) days following the damage date occurrence, at which time
the prior existing annual rent shall automatically recommence.
16. Taxes.
I$
6
?
8
9
I0
II
12
13
14
15
16
I?
18
19
20
21
22
23
24
2~
26
29
30
31
32
53
34
37
40
41
42
43
44
45
46
47
49
A. This is a ncr-net Lease as to OWNER. PCS shall be liable for and
shall pay to the applicable taxing authority if billed directly to PCS, or to OWNER
if billed to OWNER, upon thirty (30) days prior written notice from OWNER, any
and all taxes and assessments levied against any personal property or trade or
other fixtures placed by PCS in or about the LEASED AREA.
B. 0 VNER s Property is not now subject to any real property taxes.
Nevertheless, PCS shall pay (as additional rent) real property taxes, if any, that
may be levied against the LEASED AREA and/or against OWNER's Property as a
result of this Lease and/or any improvements constructed on the LEASED AREA
by PCS and/or any licensees mher than OWNER. PCS shall not be responsible for
any increases in real property taxes which are a result of tax assessment of
OWNER's Property due to improvements made by Owner or any third par~ies
acting under Owner.
C. If hereafter laws of taxation are altered so that if any new tax, any
payment "in lieu of" or "as a substitute for" all or any portion of any taxes and/or
special assessments are imposed on any of the tangible and/or intangible property,
such obligations shall be assumed and be paid by PCS except any such payments
directly atthbutable to communications equipment installed on the site by
OVv'NER or through OWNER. This assumption shall not preclude PCS from
contesting any and all such obligations.
17. Quiet Enjoyment And Non-Interference.
A. OWNER wan'ants and agrees that PCS, upon paying the rent and
performing all covenants herein provided, shall peaceably and quietly have and
enjoy the LEASED AREA, EXCEPT OWNER CANNOT WARRANT OR
GUAI:C-kNTEE TO PCS THAT INSTALLATION OF THE PLANNED
COMMUNICATIONS TOWER AND/OR ITS RELATED FACILITIES ARE
ALLOWED AND/OR PERMITTED USES OF THE LEASED AREA. It Js
the opinion of the County Attorney and of attorneys for PCS that the planned uses
of the LEASED AREA, as expressed in this Lease, are allowed and permitted uses
of the LEASED AREA and are not in violation ofany provision in the deed of that
area to the County, and are not in violation of any provision of the Planned Unit
Development (PUD) Ordinance that applies to the LEASED AREA. All risks of
"use" issues are hereby assumed by PCS. Subject to the foregoing, OWNER
warrants and agrees that OWNER is seized of good and sufficient title to and
interest in the LEASED AREA and has full authority to enter into and execute this
Lease and that OWNER knows of no liens, judgments or impediments of title on
the LEASED AREA Property that would affect this Lease.
B. OWNER hereby grants to PCS, as a primary inducement to PCS'
entering into this Lease, the first priority right to install its antennas and operate its
wireless communications facility on the LEASED AREA. From time to time
OWNER may grant to other entities a lease or license to install communications
towers and/or operate wireless communications facilities on OWNER's Property
and/or the right to install antennas in connection with the operation of such
facilities or other communications facilities; provided, however, that OWNER
shall not allow the operation of any such facilities and antennas by others which
interfere with the operation of any antennas and/or equipment in the LEASED
16
blA ' 2 t
I
2
10
II
12
14
I?
19
20
21
22
2~
2~
2~
27
2~
29
~o
B2
40
4[
42
4?
~o
AREA as it exists at the time of such other occupant's installation or as it may be
modified at any time during the term of this Lease, and as the same may be
extended. ]f any such interference occurs, OWNER agrees to cause the
elimination of such interference with operations at the LEASED AREA within a
reasonable time after receipt of PCS' notice of such interference and, if necessary,
to cause the interfering party to modify or cease its operations. If such
interference continues for more than thirty (30) days after PCS' notice to OWNER
with respect to such interference, OWNER shall require the party causing the
interference to modify its use of or cease using such equipment which is causing
that interference.
C. PCS covenants and agrees that PCS' equipment, installation,
operation and maintenance at the LEASED AREA and same by any third party
licensee will not interfere with the operation of the OW'NER's 800 MHz system or
~, ,
O V'NER s other transmitted or received radio signals. In the event there is any
such interference, PCS ',viii promptly take all steps necessary to eon'cc! and
eliminate same within a reasonable period of time. If PCS is unable to eliminate
such interference caused by any such equipment, installation, operation and/or
maintenance at the LEASED AREA, PCS agrees to remove the offending antennas
from the LEASED AREA and, if the interference cannot be corrected to the
satisfaction of O\VNER, this Lease shall terminate at the election of OXV'NER.
18. Estoppel Certificates.
A. O~VNER, at the request of PCS, shall provide PCS with a certificate
stating: (1) whether OWNER has any claim against PCS and if so, stating the
nature of each such claim; (2) that OWNER recognizes PCS' fight to PCS'
antennas, equipment and other property at the LEASED AREA; (3) that PCS then
has the right to remove PCS' equipment and other property from the LEASED
AREA notwithstanding that same may be considered a fixture under Florida law;
and (4) that OWI'qER at the time of execution of the Estoppel Certificate has no
legal interest in and affirmatively disclaims any interest to PCS' equipment and
other property within the LEASED AREA.
B. PCS, at the request of OWNER, shall provide OWNER with a
certificate stating: (I) that this Lease is unmodified and in full force and effect
(or, if there has been any modification, that the same is in full force and effect as
modified (and shall state the modification(s)); (2) whether or not, to PCS'
knowledge, there are then existing any set-offs or defenses against the
enforcement of any of the agreements, terms, covenants or conditions hereof upon
the part of PCS to be performed or complied with (and, if so, specifying each of
the same); and (3) the dates, if any, to which rent has then been paid in advance.
19. Miscellaneous Provisions.
A. BROKERS. OWNER and PCS represent to each other that they have
not negotiated with any real estate broker in connection with this Lease.
B. ENTIRE AGREEMENT. This Lease, including attached exhibits
which are hereby incorporated by reference, incorporates all agreements and
understandings between OWNER and PCS, and no verbal agreements or
17
$
6
9
I0
11
12
14
16
I?
18
19
2O
2]
~2
23
24
25
3O
33
34
37
40
41
42
44
45
46
47
4~
understanding shall bc binding upon either OWNER or PCS. Any addition,
variation or modification to this Lease shall be ineffective unless made in writing
and signed by both of the parties.
C. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES.
OWNER agrees that the LEASED AREA complies with and during the term of
this Lease shall continue to comply with all building, life/safety, disability and
other laws, codes and regulations of any applicable governmental or quasi-
governmental authority. Correcting any such non-compliance shall be
accomplished at no cost or expense of PCS.
D. CONTROLLING LAW. This Lease and all license agreements and
other agreements related hereto and the performance hereof shall be governed,
interpreted, construed and regulated by the laws of the Stale of Florida. Any
lawsuits that may be brought to enforce any part of this Lease, including any claim
for damages, shall be brought in Collier County.
E. SUCCESSORS AND ASSIGNS. This Lease, all licenses, and all other
directly related agreements shall be binding and inure to the benefit of the parties,
their successors and/or assigns. This Lease, and each and every covenant and
condition herein, is intended to benefit the LEASED AREA and shall extend to
and bind all successors and assigns of the respective parties.
F. NON-TECttNICAL READING OF TERMS AND CONDITIONS. All
provisions hereof shall be construed as both covenants and conditions, the same as
if the words importing such covenants and conditions had been used in each
separate paragraph. No distinction between a condition, a term, a promise or a
covenant is intended.
G. NEUTRAL CONSTRUCTION. Each party has had an opportunity to
review and negotiate this Lease and have executed this Lease only after such
review and negotiation. The language of each part of this Lease shall be construed
simply and according to its fair meaning, and this Lease shall not be construed
more strictly in favor or against either party.
H. ALL OTHER INTEP~'STS SUBORDINATE. This Lease and all of
TENANT's property at the LEASED AREA shall during its life always be
superior to any mortgage and any other pledge by OWNER and by PCS. OWNER
and PCS shall at no cost or expense to the other, execute whatever subordination
agreements and/or other instruments as may be required by the other to evidence
each subordination. PCS hereby promises that as of the date of execution of this
Lease there is no deed of trust, mortgage, or other any other encumbrance
affecting this Lease or any property of PCS that may be placed within the
LEASED AREA. OWNER promises that there exists no mortgage, deed of trust,
or other encumbrance or pledge by OWNER that is superior to PCS' Leasehold
interests in this LEASE, and that OWNER shall not knowingly enter into or suffer
any such encumbrance to become superior to any of PCS' interests under this
Lease. The only possible exception to this promise by OWNER could be an
encumbrance that is not avoidable by OWNER as a matter of law.
18
AGE/.2DA
. 70 )
t
2
4
5
6
7
9
I0
13
I.~
15
16
17
19
20
23
3O
31
32
33
34
35
3"/
39
44
4?
49
5O
I. ATTORNEYS' FEES. If either party institutes any action or
proceeding in court to enforce any provision hereof, such as an action for damages
for any alleged breach of any provision hereof, then the prevailing party in such
action or proceeding shall be entitled to receive from the non-prevailing party such
amount as the court may adjudge to be reasonable attorneys' fees for the services
rendered to the prevailing party, together with its other reasonable litigation
expenses.
J. FA/LURE TO CURE CURABLE BREACH. If either party breaches
this Lease in any manner and fails to commence to cure such breach within thirty
(30) days after receiving a written notice from the other party exactly specifying
the violation (or if the breaching party fails thereafter to diligently prosecute the
cure to completion), then the non-breaching party may enforce each of its rights
and remedies under this Le~ise or provided by law or it may (although it shall not
be obligated to do so) cure that breach or perform the breaching party's
obligations (on the breaching party's behalf and at the breaching party's expense)
and require the breaching party to reimburse all reasonable expenses incurred in
doing so, plus interest (from the date such expenses are incurred until
reimbursement) at twelve percent (12%) per annum.
K. SEVERABILITK If any portion of this Lease is declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion shall be
deemed modified to the extent necessary in such court's opinion to render such
portion enforceable and, as so modified, such portion and the balance of this Lease
shall continue in full force and effect.
L. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other
remedies provided for in this Lease, OWNER and PCS shall be entitled to
immediate restraint by injunction (or any other appropriate equitable remedy) of
any violation of any of the covenants, conditions or provision of this Lease.
M. CAPTIONS. The captions of the paragraphs used in this Lease are for
convenience of reference only and shall not affect the interpretation of this Lease.
N. EXISTING LIGHT POLE. The subject Tower will be installed in a
location so as to replace an existing light pole at a ball field. The existing light
pole shall be removed from the ground by PCS and shall be left on the ground to
be moved by OWNER. At no cost to OWNER, PCS will install light fixtures on
the Tower to take the place of the now existing lights. Such lights shall be
installed at the same height as the existing lights. After installation, OWNER shall
be responsible for the maintenance, repair and replacements of the light fixtures.
O. GOVERNMENT APPROVALS BY PCS. OWNER acknowledges that
PCS' ability to use the LEASED AREA and TENANT's Property for its intended
purposes is contingent upon PCS' obtaining and maintaining, both before and
after the Commencement Date, all of the certificates, permits, licenses and other
approvals (collectively, "Governmental Approvals") that may be required by any
federal, state and/or local authority, including OWNER, for the foregoing uses and
improvements to the Property desired by PCS. OWNER agrees to cooperate with
PCS in PCS' efforts to obtain such Governmental Approvals and OWNER shall
19
7
8
9
12
14
~7
19
2O
21
22
2~
24
29
30
32
34
~,6
37
~S
39
40
41
~2
4~
44
46
47
49
take no action that would adversely affect PCS' obtaining or maintaining such
Governmental approva]s.
p. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the
execution of this Lease, OWNER shall execute and deliver to PCS for recording a
"Memorandum of Lease Agreement" in the form of the attached Exhibit B.
END OF TEXT OF LEASE
IN WITNESS WHEREOF, OWNER and PCS have duly executed this Lease as
of the day and year first above xwitten.
ATTEST: OWNER
DWIGHT E. BROCK
CLERK OF COURTS
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Cl:rk
TIMOTHY L. HANCOCK, CHAIRMAN
Approved as to Form and
Legal Sufficiency:
Tl~omas C. Palmer
Assistant County Attorney
PCS ("'TENANT"}
PRIMECO PERSONAL COMMUNICATIONS,
L.P. a Delaware Parmership
By:
Print Name:
Title:
STATE OF FLOR.IDA
COUNTY OF
The foregoing Ground Lease was acknowledged before me this . day
of , 1997, by , as the
of Primeco Personal Communications, L.P., a
Delaware Partnership, who is personally known to me.
h:~a~rc~ments/2/4/97groundlcasc-tcp
Notary Public
My Commission Expires:
2O
EXHIBIT "B"
SHORT FORM LEASE
THIS SHORT FORM LEASE, made and entered into as of this day of , 19 ; by
and between COLL1ER COUNTY ("OWNER") whose address is 3301 East Tamiami .T/ail, Naples, FL 34112, ~nd
PRIMECO PERSONAL COMMUNICATIONS, L.P., a Delaware limited partnership ("PCS") whose address is 777 Yamat0 Roa~
Suite 600, Boca Ratqn, FL 3343 I.
1. OWNER, on the terms and conditions set forth in an unrecorded document dated , 19__, arid entitled "Ground
Lease Agreement", which terms and conditions are incorporated herein by reference, and in consideration of the rent and covenants
therein provided· do,es hereby lease to PCS, and PCS hereby rents and accepts from OWNER. certain real property ("Property'"}
located at 6231 Arbor Blvd.,_ in the City of Navies, County of Colli~ State of Florida, within the property of OWNER which is
described in Exhibit "Al" attached hereto and incorporated hereby by this reference ("OWNER's Property"), together with a non-
exclusive easement to access the Property and to install and maintain utilities, for an initial term of fifiee, n (I 5) years commencing on
· which term may be extended by PCS for one (I) additional five (5)),ear period(s) subject to the
conditions of Paragraph 3.C of the Ground Lease Agreement.
2. Pursuant to the Ground Lease Agreement, among other things, OWNER shall not cause or permit any use of the OWNER's
Property which interferes with or impairs the quality of the communications services being rendered by PCS from the Property. e
3. PCS acknowledges that the "Ground Lease Agreement" entered into by and between the parties snail entitle PCS to leasehold
interests only and PCS shall have no possessor)' interest to OWNER's property or any portion thereof.
IN WITNESS WHEREOF, OVvq'4ER and PCS have duly executed this Short Form Lease as of the day and year first above ~vrinen.
O%VNER:
By:
Name:
As its:
Address:
BOARD OF COUNTY COMMISSIONERS
on behall'of COLLIER COUNTY
3301 East Tamiami Trail
Naples, FL, 34112
PCS: PRIMECO PERSONAL CO. MMUNICATIONS,LP
a Delaware limited partnership
Name: Robert KeltRen.
As its: Technical Direclor
Address: 777 Yamato Road, Suite 60~.
Boca Raton, FL 33431
Signed in tit e presence of two witnesses:
(0
(Print namc signed above)
(Ptint mm~esigned &bovcl
OWNER:
I~TAT~ OF:'
COUNTY OF:
The foregoing instrument was acknowledged before me this . day of .
as of
is personally known to me or has produced as identification.
(AFFIX NOTARIAL SEAL)
(OFFICIAL NOTARY SIGNATURE)
Notary Public - State of
by
who
(Printed, Typed or Stamped Name of Notary)
Commission Number:.
PCS:
STATE OF: FLORIDA
COUNTY OF: PALM BEACH
The foregoing instrument was acknowledged before me th,s~('.~ day of ~'~' ,\ . 199{~. by Rober~
Keltgen. as Technical Director of PrlmeCo Personal Comm~'nicatlon~i LP., a Delaware limited partnership, on
(OI~FlClAL NOTARY SIGNATURE)
Notary Public - Sta';e of
(Prin~d,JTyped or Stamped Name o! Notary
(Co~Ller Co~n~y). ,"-ne Joca~Jon o~ r.~e ~,$~ acre :~.~e ,hail
P&CE
9~ gO0~
~)BJECTIVE: To appoint I member to serve the remainder of a vacant term, expiring on
October 6, 1998, on the Golden Gate Beautification Advisory Commit,.ee.
CONSIDERATIONS: The Golden Gate Beautification Advisory Committee has I vacancy
due to a resignation, terms expiring on October 6, 1998, representing Precinct J625. This 5
member committee assists the Board of County Commissioners in handling the matters
pertaining to the taxing district which was formed for the purpose of beautification and
maintenance of Golden Gate Parkway between Santa Barbara and C.R. 951. Terms are 4 years.
A list of the current membership is included in the backup.
A press release was issued and resumes were received from the following interested citizen:
APPLICANT DISTRICT ELECTOR
Charles McMahon 3 yes
COMMITTEE RECOMMENDATION: Charles McMahon
FISCAL, IMPACT.: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint Charles McMahon representing precinct number
625; and direct the County Attorney to prepare a resolution confirming the appointments.
Prepared By: _.~ .a/'~~--,.~ Date:
Sue Filson, Admiaistrative Assistant
Board of County Commissioners
AGE NpA
No. /~/ ~
HAY 2 7 1997
Pg.,, /.
.... -%ar.5 ,..aua;y c. ctmissioner:.
', ;'~, I
DATE: May 14, 1997
~ TO: Sue Filson, Administrative Assistant
Board of County Commissioners
Stephen F Fabiano, Engineer II
FROM: · ~
Transportation, Landscape Services
SUBJECT: GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE
At their regularly scheduled meeting of May 13, 1997, the Golden Gate Beautification
Advisory Committee voted unanimously to recommend Charles M. McMahon be
appointed to fill one of the vacant committee member positions.
Should you have any questions or require any additional infmrnation, please contact
me at 774-8494 ext. 7112.
CC:
David F. Bobanick, Interim Director
Transportation Department
AG£N,DA .~ER
.-
HAY 2 7 1997
Pg. ~
Golden
Na~e
Gate Beautification Advisory Committee
Work Phone A£pt'd Exp. Date Term
Jfome Phone DateRe-appt 2ndExpDate 2nd Term
Roy Tuff ¢ e 5,~r, t~l
5221 30th Avenue, S.W
Naples, FL 34116
District: 3
Category: Precinct 624/626
Bop. ncr G. Bacon
2570 47th Ten'ace, $.W.
Naples, FL 34116
District: 3
Category: Precinct 623/626
Sabina Musci
4470 32nd Avenue, $.W.
Naples, FL 34116
District: 3
Category: Precinct 627..,.t,
1976 41st Terrace, S.W. ,4
Naples, FL 34116
District: 3
Categary: Precinct 625
Cheryle L. Newman
510l 31st Avenue, S.W.
Naples, FL 34116
District: 3
Category: ?recinct 626
,2. ~.-clq 08110/93 10/06/94 I Year
353-7682 1014194 10106198 4 Ycar~
4554373
11/07/95 I0/06/98 3 Years
I 0/04/94 10/06/98 4 Years
02/05/91 10106193 5 Years
4554~6~2 10/26193 10~06~97 4 Years
353-7969
I 1/07/95 I 0/06/97 2 Year~
Thursday, .~¢pt~rn~ea' 05, 1996
Page I of 2
~GENDA I_.T EH
"o.,I0
2 7
Golden Gate Beautification Advisory Committee
Fb'ork Phone /tppt'd Exp. Date Term
1Vame Home Phone DateRe-appt 2ndE. rpDate 2nd Term
This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the
beautification and maintenance of Golden Gate Parkway between Santa Barbara Boulevard and
C.R. 951. The committee shall prepare an itemized budget of the amount of money required to
carry out the business ef the committee for the next fiscal year, Membership consists of 1
member fram each of the 5 voting precincts which are located within the unit. Terms are 4 years.
Amended on September 3, 1996, by Ord. No. 96-50 and 96-51.
Staff: Steve Fabiano, Engineer h 774-8494
Thurxday, Sel~tOnbe. r 05, 1996
AGEI~C)A
IqA¥ 2 7 ~97
M~MORANI;)UM
DATE: March 10, 1997
TO: Vinell Hills, Elections Office .~ ;:O.' ;.:=~ C'3. r,
FROM: Sue Filson, Administrative Assistant.,~___j-
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
P"='CEtVED
lq'AR 12
Thc Board of County Commissioners will soon consider thc following individuals for
~- ~,.. . . ·
appointment to one of the county's advisory committees. Please let me l~tc]w~fh'hos¢;leg, edc. rr, an:~ ~
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
0.0. BEAUTIFICATION ADVISORY COMM.
COMMISSION DISTRICT
Charles McMahon
4433 20u' Avenue, S.W.
Naples, FL 34116
Thank you for your help.
No o_,/_~L~---
MAY 2 7 1,9 7
Pg ._..~
MgMORAblI)UM
DATE:
TO:
FROM:
March 10, 1997
Steve Fabiano, Engineer I
Transportation Department
Sue Filson, Administrative Assista~
Board of County Commissioners
Golden Gate 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:
Charles McMahon
4433 20~ Avenue, S.W.
Naples, FL 34116
Please let me know, in writing, the recommendation of the advisory committee for appointment 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 c~ll me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
Attention Sue Filson
My name is Charles Me.Mahon, and I am writing you in regards
to my interest in the Golden Gate Beautification Committee I am and
have been involved in several Community Activities which are listed
below.
Saint Elizabeth Fair
1 ! year involvement
Collier Count)' Patios and Recreation
Coach for Football
I yea r invoh, ement
Frontier Days
Electrical
6 years involvement
Florida Spoors Park
Race Official
Current involvement
was
Hennin~. I
referred to this Committee from Bonnet Bacon and Thomas
can be reached at the following address and phone number:
Charles Mcmahon
4433 20t~ Ave. S.W.
Golden Gate, Fl. 34116
(941) 353-2055 (HO:~fE.)
(941) 999-3498 (PAGER)
Thank You,
3/7/97
AGENDA ITeM
MAY 2 7 1997
TUFF
2301 C.IC 951, aC · Naples, FL 34116
(941} 353-0444 · Fax (941] 3S3-9040
l~-mali: TR ffpub(~ aol.com
.pUB.LIGATIONS,. INC.
NAPLES SHOPPER , SENIOR TIMES · GOLD-~ GATE GAZ.r'h-~ · ~RGLADES EC. HO
Fcbn-,arv 12. 1907
To Sue Filsan
F;'om Roy Tail'
RECEIVED
FE,~ I 2 19~7
P:e:,~¢ advertise m'.~ .-:ositicn ou :ha Ge!de.': Gate BcautiEco4ion A,~,,isoO Commi:t¢c ~c your
· :::riicst co,wc,ience as [ am her:by resigning my pt:.~i:ion on Ibc commiuc~:.
Thank you,
,~-~-, ./ ',.:
R.~:v Td~' // '?' f "'
5-.21 ~0th Ave. $:V
Go{den Gate. FL 341 !6
353-6692H
353-0444W
AGENDA IT. F4~
.o.
HAY 2 7 lgg7
Pg-
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
ENACT AN ORDINANCE AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN (GMP) FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY BY PROVIDING FOR AMENDMEND TO OBJECTIVE 2.1
OF THE HOUSING ELEMENT TO PROVIDE DEFINITIONS FOR VERY LOW,
LOW AND MODERATE INCOME PURSUANT TO A STIPULATED
SETTLEMENT AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS; SEVERABILITY AND AN
EFFECTIVE DATE.
OBJECTIVE: To have the Board of County Commissioners enact an Ordinance amending Ordinance
No. 89-05 as amended for the unincorporated area of Collier County to amend the Housing Element, to
provide definitions for Very Lox,:, Low and Moderate income. The adoption of sush an Ordinance will
permit the County to comply with an Agreement with the State of Florida, Department of Community
Affairs.
CONSIDERATIONS: In December, 1992, the State of Florida, Department of Community Affairs at
the behest of the Florida Affordable Housing, Incorporated filed a petition with the Division of
Administrative Hearing challenging certain, then effective impact fee ordinances and their consistency v, Sth
the Housing Element of the Growth Management Plan (GMP), Since this lime settlement negotiations
have taken place between Staff and the Department of Community Affairs where it was agreed to have the
Board of Count)' Commissioners consider a Settlement Agreement providing for an amendment to the
Housing Element. On February 25, 1997 the Board of County Commissioners agreed to a setllement
agreement with the Department of Community Affairs agreeing to amend the Housing Element to include
definitions to the terms Very Low Income, Low Income and Moderate Income to avoid any future alleged
inconsistencies between the County's impact fee ordinance and the GMP. The State of Florida, Department
of Community Affairs (DCA) executed the agreement with Collier County lo adjust these definitions on
March 3, 1997. These amendment~ have been transmitted to the DCA with the EAR in April 22, 1997.
FISCAL IMPACT: There are no cost to the County associated with this Ordinance.
RECOMMENDATIONS: That the Board of County Commissioner: enact an Ordinance amending
Collier County Ordinance No. 89-05, as amended, for the unincorporated area of Collier County, to amend
the Housing Element, policies, by modifying the definitions of Very Low Income, L,ow Income and
Moderate Income.
Greg ~el~fl~c, Director Date:
/..~o/gstfig/and Urban Improvement
Community Dev. & Environ. rye.
MAY 2 7 1997
'-,. ^GE~,J;~"T,E,,'~ /,
No.
S
6
'7
8
I0
12
13
16
IS
19
2O
21
22
26
2~
29
3O
32
34
ORDINANCE NO. 97-
AN ORDINANCE AMENDING THE COLLIER COUNTY GRO~rrH
MANAGEMENT PLAN (GMP) FOR TIlE UNTNCORPORTED AREA OF
COLL1ER COUNTY BY PROVIDING FOR; AMENDMENT TO
OBJECTIVE 2.1 OF THE HOUSING ELEMENT TO PROVIDE
DEFINITIONS FOR VERY LOW, LOW AND MODERATE INCOME
PURSUANT TO A STIPULATED SETTI EMENT AGI:LEEMENI WIIH
THE STATE OF FLORIDA, DEPARTMENT OF COMMUITY AFFAIRS:
SEVERABILI/Y AND AN EFFECTIVE DATE.
WHER£AS. in 1992, the Department of Communily Affairs at the behest of
Florida Affordable Housing, Inc. filed a petition with lhe Division of Administrative
Hearings challenging certain, then effective impact fee ordinances and their consistency
with the Housing Element of the Growth Management Plan; and
WHEREAS, specifically thc Appendices lo the Road, Sex,er, Water. EMS.
Librars.' Syslcm and Parks and Recreational FacihIies Impacl Fee Ordinances v. erc at
~ssuc: and
WHEREAS. Ordinances' Appendices providing standards for rems and sales
prices that housing projects must mcct in order to bc eli~,iblc for automatic ,.vaivcr from
payment of impact fees ',,.'crc alleged as being inconsistent with Policies 1.5.2, 1.5.4 and
2.2.1 of the }lousing Element; and
WHEREAS. during this period scttlemenl negotiations took place bet',x ccr~ Slaff
and the Dcparlmenl of Communily AflSirs v. hereto il was agreed Io have thc Board of
Count)' Commissioners consider a Seulement Agreement providing for an amendment to
the Housing Element; and
WHEREAS, the County on February 25, 1997, considered and agreed to a
Settlement Agreement with the Department of Community Affairs agreeing to amend thc
Housing Amendment Io include definitions to the lerms Very Lo'w Income. Lo'.'`' Income
and Moderate Income to avoid any future alleged incon,dstencies bev,veen the County',;
impact fee ordinances and the GMP; and
WHEREAS, on March 3, 1997 the D:partment of Community Affairs executed
an agreemenl with Collier County that effectuates the County' agreement :o adjust the
MAY 2, 7 1997
~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COb~TY
2 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
.1 SECTION ONE: Amendmenls to Objective 2.1 of the Housing Elemem.
4 Objective 2.1 of the Housing Element of the Collier County Growth Management
5 Plan, Ordinance No. S9-05, as amended, is hcreby amended to read as follows:
6 Objective 2.1:
? For purposes of this objective and related policies lhe following definitions shah apply:
s _V..;.Ey_Low income - One or more natural persons or a fm'nily, the total annual adjusted
9 gross household income of which does not exceed 50Vo of the median annual adjusted
I0 ?oss income for households within lhe Slate. or 50% of the median annual adjusled _cress
11 income for households within the Metropolitan Slatistical Area (MSA) or. if not x~ ~lhin an
12 MSA. within the county in which the per, on or l'amily resides, whichever is _erenter.
13 Low lncome- One or more natural persons or a family, the Iotal annual adjusted
I,s household income of which is wilhin the range from 51 · 60% of the median annual
IS a.dj.usted ~oss income for households within the State_ or 60% of the median annual
16 adjusted ~oss income for households within the Metro~.oli~an Statistical Area (MSA) ~1',
I~ if not within an MSA_ within the county in which the person or familv resides, whichex;:
19 Modcrale Income - One or more natural persons or a family, the Iota) annual adjusted
gl'oss household income of which is within ~he range from 61 - 80% of the median annual
i~djusted ~oss income for households within the State. or 80% of the median annual
adjusted gross income for households within the Metropolitan Statistical .ad-ca t'MS..Xl ct.
if not within an MSA_ within the county in which the household is located, whichever is
24 greater~
~,~F~TZI]l~i2LT2~: Severability.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by
27 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion.
30 ,~[II~LTI:t~: Effective Date.
AGENDA. IT~:J~ ~
No. ~
MAY 2 7 1997
p~. -~
This Ordinance shall become effective upon filing with thc Depamnent or State.
PASSED AND DULY ADOPTED by thc Board of County Commissioners of
Collier County, Florida this day of . 1997.
7
I0
Il
13
1,.l
16
1'7
19
20
22
23
ATTEST:
DWIGHT E. BROCK., CLERK
BOA.RD OF COUNTY COMMISSIONERS
COLLIER COLrNTY', FLORIDA
Approved as to form and
legal sufficiency:
MAPUORIE M. STUDENT
Assis~an! Counly Attorney
TIMOTHY L. HANCOCK, CHAIRMAN
AGENDA
No. 1.2[__,4/
Il/lAY 2, 7 1997
p~.
EXECUTIVE SUMMARY
PETITION NO. PUD-97-1 WILLIAM L. HOOVER REPRESENTING CATHRYN EBOLI, TRUSTEE
REQUESTING A CHANGE TO THE ZONING CLASSIFICATION FROM "A/ST" RURAL
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWSI AS EBOLI PUD, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), EAST OF
APRIL CIRCLE PUD AND WEST OF INTERSTATE 75, IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLiER COUNTY, FLORIDA.
OBJECTIVE:
The petitioner is requesting the above described rezoning in order to develop multi-family dwelling units,
recreation facilities, accessory uses and a 1.8 acre preserve area on 8.97 acres. The requested density is
8.92 dwelling un?ts per acre.
The subject site fi'onts on the south side of Immokalee Road in Section 30, Township 48 South, Range 26
East, one-half mile west of the 1-75 and Immokalee Road interchange. The site lies within overlapping
density bands sun'ounding Activity Centers located at the intersections oflmmokalee Road with Airport
Road and Immokalce Road with 1-75. The site is adjacent to April Circle PUD (to the west), an existing
affordable housing development, 9.35 acres in area, built out at 120 units at a density of 12.8 dwelling units
per acre.
The dwelling units are proposed to be one (1), two (2) or three (3) bedroom units in one (1) and two (2)
story buildings with a maximum height of thirty-five (35) feet. The minimum floor area for one (1)
bedroom units shall be seven hundred (700) square feet; nine-hundred-fir"ty (950) for two (2) bedroom
units; and eleven 'hundred (1100) square feet for three (3) bedroom units. All units are proposed to be
developed surrounding two (2) proposed lake(s) and/or a natural preserve area located on the southern
1/6, or approxim~.tely seventeen (17) percent ofthe subject site. Access to the site will be provided from
Immokalee Road. The PUD Master Plan shows a proposed shared access easement with the property to
the east, when it is developed.
The applicant proposes to architecturally unify the structures, signage and landscaping
throughout the project. The applicant also proposes to preserve and enhance the southern 1/6
(approximately) of the wetland area of the site as a natural groundwater aquifer recharge area.
PROS/CONS:
All rezoning actions require findings on the part of the Collier County Planning Commission based on the
provisions of Section 2.7.2.5. A preponderance of the rezone findings support an action to rezone the
subject lands to the PUD zoning district. The rezone findings are formatted to give both reasons for or
against a decision to rezone the property. Said findings are included in this Executive Summary submission
together with the staff report which is approved by the CCPC.
MAY 2 7 '199~
Ps- '
PRO
CON
The proposed multi-family development
is compatible with the residential uses in
surrounding area.
The PUD Master Plan has been designed to optimize
internal land use relationships through the use of
various forms of open space, preserves and landscape
buffers.
Supporting infrastructure is available and deemed
adequate.
Based on staffreview of the projects within
the subject area, the requested density of
8.92 units is significantly higher than the
densities of,~urrounding developments which
average 4.55 du/acre (excluding the adjacent
April Circle PUD which is approved at 12.8
units per acre).
Nearby residential communities often
perceive residential intensification in their
area as contributing factors to
inconveniencing movements to and from
their place of residence.
Architectural design styles and guidelines have been
provided for the proposed buildings, signage, and
landscaping.
FISCAL IMPACT:
This rezoning by and of itself will have no fiscal impact on the County. However, ifthis rezoning achieves
its objective, the land will be developed. The mere fact that new development has been approved will
result in a future fiscal impact on County public facilities. The County collects impact fees prior to the
issuance of building permits to help off-set the impact of each new development on public facilities. These
impac~ fees are used to fund projects in the Capital Improvement Element needed to maintain adopted
levels of service for public facilities. In the event that impact fee collections are inadequate to maintain
adopted levels of service, the County must provide supplemental funds from other revenue sources in order
to build needed facilities.
GROWTH MANAGEMENT IMPACT:
All of the property is located within the Urban Designated Mixed Use Residential Area as identified on the
Future Land Use Map. The site is located within overlapping density bands along the Irnmokalee Road
corridor between the intersections of Airport Road and 1-75, with Immokalee Road.
A review of consistency relationships with dements of the GMP is as foilow~:
Future Land Use Elemen~ - Although the subject paxcad is less than the required ten (I0) acres, the
Growlh Management Plan (GM]:') allows parcels defumd as "Infilr to be rezoned to PUD provided the
parcel contains a minimum area of two (2) comiguom acres. Properties defined as "Infill~'are
2
to receive a density bonus of three (3) dwelling units per acre. By virtue of the GMP's definition of
"Infill,' the subject parcel qualifies as a residential infill parcel and may be rezoned to PUD.
The Density Rating System in the GMP, allows for a base density of four (4) dwelling units per acre.
Provided certain criteria are met, the Board of County Commissioners (BCC) may grant upward
adjustments to the base density on a site specific basis. The location of the subject site qualifies the
petitioner to request an additional six (6) dwelling units over the permitted base density of four (4). The
applicant's request is justified because of the site's location within an Activity Center Density Band
(allowing three (3) additional dwelling units per acre) and by the definition of lnfill ( also allowing three
(3) dwelling units per acre) bringing the maximum total allowable density to ten (10) dwelling units per
acre.
The intent behind granting a density bonus to development which can be defined as "infill," is to provide
incentive to property owners to deve~ ? sites which are surrounded by developed properties (or properties
approved for development). The density bonus encourages developers to take advantage of existing
infrastructure and discourages development into unserved, rural areas of the County. Although the subject
site is surrounded by developed lands (or lands approved for development) to the north and west,
properties to the east and south are zoned Agricultural, and are undeveloped. Therefore, it is questionable
as to whether or not the project meets the intent behind providing a density bonus to encourage infill
development, because it is bordered on the south and east sides by undeveloped, agriculturally zoned land.
Additionally, ihe ~Jarket and demand for housing located within the Immokalee Road corridor appears to
be driving the development activity in this area, as evidenced by the number of undeveloped, newly
approved projects which are not approaching build out status. Thus, at this time, there appears to be no
need for the County to provide an additional incentive via a density bonus in order to encourage
development on the subject property
Language in the GMP and Land Development Code (LDC) allows the additional six (6) dwelling units per
acre not as an entitlement, rather, at the discretion ofthe BCC. Section 2.2.20.3.1.(3) of the LDC allows
the BCC to lessen the density ofdevelopment when it has determined the maximum permissible density
would be incompatible or inconsistent with surrounding neighborhoods or areas, and/or would be in
conflict with the intent or provisions ofthe GM?. Section 2.2.20.2.5. ofthe Land Development Code
(LDC) requires proposed development within a PUD rezoning to be compatible with surrounding
neighborhoods and property. These sections ofthe Code assume that relationships related to density can be
established between the site and surrounding properties, relative to the site's compatibility with
surrounding properties. Because the Code does not define the boundaries or specific nature of these
relationships, a reasonable argument could be made that the proposed gross density of the subject site, is
incompatible to the gross density of the majority of approved PUD's along the Immokalee Road corridor.
This conclusion can be based on the fact that with the exception of the April Circle PUD, in no case does
the gross density of any of these surrounding, approved PUD's exceed 6.16 dwelling units per acre.
Further, if relationships among surrounding properties are defined exclusively to properties abutting the
subject site, an argument similar to the above can be made, exclusive of the April Circle PUD. The April
Circle PUD (west of the subject site), was granted an additional density bonus for low/moderate income
housing for a total approved gross density of 12.8 dwelling units per acre. This site is the exception
because no other approved PUD's in the surrounding area were developed as Iow/moderate income
housing projects, thus making them eligible for additional density. Properties abuttirg :he east *~nd
property boundaries of the subject site are undeveloped and currently zoned AgricullUral.
MAY g 7 1997
3
Pg.
property immediately north of the subject site (across Immokalee Road), known as the Carlton Lakes
PUD, was approved for a gross density of 3.26 dwelling units per acre, although the tracts immediately
adjacent to Immokalee Road are being developed as multi-family. Therefore, an argument can be made that
the applicant's requested 8.92 dwelling units per acre is incompatible with abutting residential densities to
the north, south and east, which presently allow residential development at densities ranging from I unit
per 5 acres, to a maximum of 3.26 dwelling units per acre, with the exception ortho April Circle PUD
which allows 12.8 dwelling units per acre. Of course, assuming that these parcels may qualify for
residential infill as well, this is an opportunity for the Board to determine the appropriate development
pattern in terms of density for these undeveloped parcels.
The PUD Master Plan shows the proposed location of future dwelling units on the internal portions of the
site, surrounding two (2) interior lakes and a preserve area. The proposed preserve area encompasses
almost two (2) acres ortho southern portion of the site, from the east to west property boundary. The
proposed master plan layout minimizes the location of residential land uses adjacent to Immokalee Road.
Additionally, the PUD document requires a fifty (50) foot setback from the Immokalee Road right-of-way
and construction of a berm or berm/wall combination between four (4) and ten (10) feet in height above
existing grade, which will serve to adequately buffer residential uses adjacent to the roadway. Future
residential land uses are concentrated interior to the site on the eastern, western and southern portions of
the site.
Traffic Circulation El~mcn~ - The Traffic Circulation Element identifies this segment of Immokalee Road
as a 4-lane arterial. The current traffic count for this segment is 22,641 AADT and is operating at LOS
"A". This segment is not projected to be deficient within the next five (5) years. This project meets the
County's concurrency requirement and is consistent with Policies1.3, 1.4, 5.1, 5.2, and 7.3.
From a planning and traffic safety standpoint, due to the clear sight distance of the existing ingress and
egress easement, the proposed access should operate adequately subject to any required engineering
modifications and the Collier County Access Management Plan. The final geometry and design ofthe
access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary
Subdivision Plat (PSP) review.
Open Space Elem?nt - The total open space (1.8 acres) and the open space between buildings and as a
function of complying with setbacks, water management and design features exceeds the sixty (60) percent
required by the LDC. Staffis confident that this project as designed is consistent with the open space
element.
Other Applicable Element(s') - These include utilities and water management. Both a public sanitary sewer
and municipal water supply is available to the property. All development must comply with surface water
management requirements invoked at the time of site development plan approval.
MAY 2 7
PI--
HISTORIC/ARCHAEOLOGICAL IMPACT:
StafFs analysi~ indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
At the April 17, 1997 CCPC meeting, a motion was made to forward a recommendation ofapproval for
the requested rezoning subject to staff's stipulations, excluding staff's recommendation to limit density to
seven (7) dwelling units per acre, thereby allowing the project to be built at the applicant's requested
density of 8.92 dwelling units per acre. This motion failed to be approved (3 - 3). The dissenting
Commissioners voted against the motion due to the incompatibility of the requested density with the gross
density of approved PUD's within the Immokalee Road corridor. Because the motion failed, a second
motion was made to approve the proposed rezoning subject to the following stipulations:
a. The approved density shall be seven (7) dwelling units per acre for a maximum buildout ofsixty-three
(63) dwelling units.
b. The proposed berm/wall combination located along Immokalee Road shall be limited tO a l-~ight ofsix
(6) feet above the berm, for a maximum permitted height often (10) feet.
This motion carried with a vote of 4-2.
PREPARED BY:
SOSAN ~y ~,~-'
PRINCIPAL PLANNER
REVIEWED BY:
"~ ~ DATE
NALD W. ARNOLD, AICP ~ IDATE
P~G SERVICES~EPARTMENT DIRECTOR
~ENT K CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT A~D ENVIRONMENTAL SVCS.
Petition Number:
NOTE:
This Petition has been advertised for the
BCC meeting.
AG£ND~ 0'~
MAY 2 7 ]997
AGENDA ITEM 7-G
MEMORANDUM
TO:
FROM:
DATE: MARCH 24, .1997
RE: PETITION NO:
OWNER/AGENT:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
PUD-97-1 EBOLI
Agent:
Mr. William L. Hoover, AICP
Hoover Planning Shoppe
2223 Trade Center Way
Naples, FL 34109
and
Mr. Beau Keene, P.E.
Green, Keene, & Erek, Inc.
3806 Exchange Avenue
Naples, FL 34104
Owner:
Cathryn Eboli, Trustee
Cathryn Eboli Revocable Trust Agreement
do of John Eboli
3042 Sacramento St., #3
San Francisco, CA 94115
REQUESTED ACTION:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
Agricultural (A) to Planned Unit Development (PUD) for the purposes of developing a
multifamily planned unit development and combined recreational and preserve areas, at a density
of 8.92 dwelling units per acre, for a maximum permitted 80 dwelling units.
GEOGRAPHIC LOCATION:
The subject site is located on the south side of Immokalee Road in Section 30, Township 48
South, Range 26 East, one-half mile west of the 1-75 and Immokalee Road interchange. The site
contains 8.97 acres, more or less (see location map following page). The site is adjacent to April
MAY 2, 7 1997
~t ,C ~ ,kVi~
'ON
I
tt
(c.A. OM)
Circle PUD (on the east side), an existing multifamily development, 9.35 acres in area, built out at
120 units at a density of 12 dwelling units per acre.
PURPOSE/DESCRIPTION OF PROJECT:
The applicant proposes to develop the properly for multiple family residential use. The proposed
density is 8.92 dwelling units per acre to be developed as two-family and mulfifamily dwellings,
for a total of eighty (80) dwelling units on 8.97 acres. Accessory uses and structures like
gatehouses, carports, garages, utility buildings, and recreational uses like swimming pools, tennis
courts, playground areas and recreation buildings, are also proposed for development.
The dwelling units are proposed to be one (1), two (2) or three (3) bedroom units in one (1) and
two (2) story buildings with a maximum height ofthirty-five (35) feet. The minimum floor area
for one (1) bedroom units shall be seven hundred (700) square feet; nine-hundred-fifty (950) for
two (2) bedroom units; and eleven hundred (1100) square feet for three (3) bedroom units. All
units are proposed to be developed surrounding two (2) proposed lake(s) and/or a natural
preserve area located on.the southern 1/6 or approximately seventeen (17) percent ofthe subject
site.
The applicant proposes to architecturally unify the structures, signage and landscaping
throughout the project. The applicant also proposes to preserve and enhance the southern 1/6
(approximately) of the wetland area ofthe site as a natural groundwater aquifer recharge area.
SURROUNDING LAND USE AND ZONING:
Existing: The subject property is vacant and presently has an Agricultural (A) zoning
designation.
Surrounding: North
- Carlton Lakes PUD (across Immokalee Road and the Cocohatchee
Canal), comprised of'two(2) story, eight (8) unit muhifamily structures
and a future seven (7) acre commercial tract. The site is 245.77 acres in
area, and has a gross density of 2.62 dwelling units per acre. The PUD is
· currently developed with thirty-two (32) dwelling units. Access to the site
is From Immokalee Road.
South
- Vacant twelve (12) acre (+/-) tract, which has an Agricultural (A) zoning
designation. There is evidence ofprevious excavation activities occurring
on this site. Access to this site is located on the undeveloped Livingston
Road extension.
East - Vacant nine (9) acre (+/-) tract, which has an Agricultural (A) zoning
designation. Access to the site is/'rom Immokalee Road.
£ 7 1997
P~. ~
West- April Circle PUD commonly known as the Windsong Apartment complex.
It is a muhifamily development consisting of 120 units, developed at a
density of 12.8 dwelling units per acre on 9.35 acres. Access to the site is
from Immokalee Road.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Urban Residential Mixed Use designated area on the
County's Future Land Use Map. Urban Residential Mixed Use is inclusive ora variety of
residential land uses including single family, multifamily, duplex, mobile home and mixed use
('Planned Unit Development). The subject petition is for a mixed use, mulfifamily residential
PUD which is an authorized use of land in the urban residentially designated area ofthe Future
Land Use Element (FLUE), therefore, it is consistent with the FLUE.
Consistency with other applicable elements of the Growth Management Plan (GMP) is as
follows:
Land Use Residential Density:
The projected density of 8.92 dwelling units per acre is consistent with the density rating System
contained in the FLUE and is based on the following relationships to the required criteria:
Base Density
Activity Center Density Band
Residential Infill
Maximum Permitted Density
+4 dwelling units/acre
+3 dwelling units/acre
+3 dwelling units/acre
+10 dwelling unit.qacre
The Collier County Land Development Code ('LDC) requires a minimum parcel size often (10)
acres in order to rezone property to PUD. The GMP makes an exception for infill parcels (as
defined), and requires properties defined as infill parcels to be rezoned to PUD provided they
contain a minimum of two (2) contiguous acres. Although this parcel is less than the required ten
(10) acres in size, according to the LDC, this parcel qualifies as a residential infill parcel and it
may be rezoned to PUD. Typically, infill parcels are defined as undeveloped parcels of land
surrounded by developed properties. The intent behind providing a density bonus for infill
parcels (in this case the LDC allows 3 additional units per acre) is to encourage infill development
of these parcels to take advantage of existing public facilities and utilities available to the e. rea, and
to discourage development outside existing urban areas and into rural areas ora municipality. In
this case, the majority ofexisting development surrounding the subject site lies to the north.
Although these parcels have been approved for development, most are significantly undeveloped.
In fact, most of the properties located south and east of the subject site, on the south side of
Immokalee Road - beyond the 1-75 interchange, are vacant. Therefore, it is simply by virtue ofthe
definition of "Infill" as it applies to the Density Rating System, that this parcel is permitted to
have three (3) additional dwelling units over the permitted base of four (4) and the additional
three (3) dwelling units due to the parcels proximity io Activity Centers as desi~,nated on the
Future Land Use Map. AGENDA.ITEM
[NO. ~
3 MAY 2 7 1997'
Pg. ~
Consistent with the density rating system contained in the FLU~, within Urban designated areas,
the subject site is permitted a base density of four (4) dwelling units/acre. The site is also located
within overlapping Activity Center Density Bands which emanate from activity centers located at
the intersection oflmmokalee Road and Airport Road, and the Immokalee Road/l-75 interchange.
Due to the site's location within density band(s), the FLUE allows for three (3) additional
dwelling units/acre over the base of four (4). Additionally, the residential infill portion of the
rating system allows for three (3) dwelling units&crc, for a total of a maximum permitted ten
(10) dwelling units/acre. Consistent with the allowable density described in the Density Rating
System ofthe FLUE, the applicant is requesting a density of 8.92 dwelling units per acre, for a
maximum of eighty (80) dwelling units at buildout.
Traffic Circu. lalign Element -
The subject site's generated traffic will not exceed the significance test standard (5 percent ofthe
LOS "C" design volume) on CR-846. In addition, the amendment will not lower the level of
service below any adopted LOS "D" standard within the project's radius of development
influence (RDI). The ITE Trip Generation Manual indicates that the proposed residential
development will generate approximately 662 trips on a weekday.
The Traffic Circulation Element lists this segment of CR-846 as a 4-lane arterial road fronting
the project. The current traffic count for this segment is 22,641 and is operating at LOS "A". It
should be noted that this segment is not projected to be deficient within the next five (5) years.
The proposed rezoning will not create or excessively increase traffic congestion on the arterial
road system at build-out and complies with Policies 1.3, 1.4, 5.1 and 5.2 ofthe Traffic
Circulation Element.
A minimum of sixty (60) percent ofthe project will be in quality/rig open space as identified on
the PUD Master Plan. Open space shall consist of the wetland preserve area, lakes and
landscaped/buffer areas. This commitment is consistent with the requirement ofthe LDC.
Oiher Applicable Element (s) -
Other applicable elements are those typically evaluated at the time ofsubsequent development
approvals, and generally deal with infrastructure. To the extent that improvements to
infrastructure and/or the extension of available public utilities is required, these will be mandated
at the time of approval of the required site development plan and/or subdividing if necessary.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area ofhistorical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
AGENDA r~£M.
NO,. ~
4
I AY 2 7 1997
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for the above
referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Ser,,4ces Division staff.
This petition was administratively reviewed on behalf of the EAB and staffrecommended
approval subject to conditions which have been incorporated into the Resolution of Adoption.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impact of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that comprehensive overview. The
listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 ofthe Land
Development Code thus requiring staffevaluation and comment, and shall be used as the basis for
a recommendation of approval or denial by the Planning Commission to the Board of County
Commissioners. Each of the potential impacts or considerations identified during the staff review
are listed under each of the criterion noted and are categorized as either pro or con, whichever the
case may be, in the opinion of staff. Staffreview ofeach of the criterion is followed by a
summary conclusion culminating in a determination of compliance, non-compliance, or
compliance with mitigation. These evaluations are completed as separate documents and are
attacl:~ed to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual bases for supportive
action by appointed and elected decision makers. The evaluation by professional staffshould
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 Grow'th
Management Plan in all of its related elements. Other evaluation considerations should include an
assessment of adequacy of transportation infrastructure, other infrastructure, and compat~ility
with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship
of the rezoning action to the long range plan for future land uses.
Notwithstanding the above, staff' in reviewing the determinants for adequate findings to support a
rezoning action advise as Follows:
Relations;hip to Fu[ur(~ and Existing Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the proposed zoning action to the Future Land Use
Element of the Collier County GrowtE Management Plan.
NAY 2 7 1997
The subject properly is located with the Urban Designated Mixed Use future land
classification as depicted on the Future Land Use Map of the Collier County Growth Management
Plan. The site is located less than 'A mile west of the Immokalee Road/I-?5 interchange, and falls
within the density bands surrounding activity centers located at the intersections of Immokalee
Road with Airport-Pulling Road, and Immokale¢ Road with 1-75. The PUD document i~dicat~s
the proposed development plan for the 8.97 acre site is multifarnily r~idential (multifa. mily and
duplex dwelling units), integrated with common recreation areas and a wetland preserve area. The
PUD Master Plan shows the proposed location of future dwelling units on the internal portions of
the site, surrounding two (2) interior lakes and a preserve area. The proposed preserve area
encompasses almost two (2) acres of the southern portion ofthe site, from the east to west
properly boundary. The proposed master plan layout minimizes the location of residential land
uses adjacent to Immokalee Road. Additionally, the PUD document requires a fifty (50) foot
setback from the Immokalee Road right-of-way and construction of a berm or berm/wall
combination between four (4) and ten (10) feet in height above existing grade, which will serve to
adequately buffer residential uses adjacent to the roadway. Future residential land uses are
concentrated interior to the site on the eastern, western and southern portions ofthe site. The
Windsong Apartment Complex (April Circle PUD) is adjacent to the subject site on the west. It is
currently built-out at 120 muhifamily dwelling units at a density of 12.8 dwelling units/acre in
combination with a common recreation area. The proposed development ofthe subject site is also
muhifamily, at a proposed density of 8.92 dwelling units per a:re, and can be considered
compatible with the April Circle PUD. Required buffeting and yards (10 to 40 feet in width) and
the proposed height limit of thirty-five (35), feet will provide open space and buffering between
the two similar uses. The properxy located south ofthe subject site (12.0 +/- acres) is vacant
however, the proposed preserve area and required setbacks from the preserve area shall
adequately buffer the residential uses from future use ofthe southern parcel. The property east of
the subject site (9 +/-acres) is also vacant. Required landscape buffering (10 feet wide) and
proposed yard setbacks (20 to 30 feet in width) will provide adequate buffeting between the
proposed residential uses and the future use of the eas"~ern parcel. A shared access easement is
proposed between the subject proper~y and the property to the east, if and when the vacant
property to the east is developed.
Open space, ingress/egress, landscape buff`ers, and other applicable development standards
comply with the requirements of the Collier County Land Development Code. With respect to
compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier
County Growth Management Plan and is therefore compatible with other approved Planned Unit
Developments within the area. The proposed layout of the residential areas internal to the ~ite,
the proposed wetland/preserve area, the berm/wall combination adjacent to Immokalee RoM and
the required yards and landscape buffering, will serve to buffer the proposed development from
future uses to the south and west, and Immokalee Road to the north. The site is compatible with
the multifamily uses west of the site, but is proposed to be developed at a lower density
(requested 8.92 versus 12 du/acre for April Circle PUD). These development stipulations will
protect the integrity of the adjacent residential community as well as the subject residential
development.
2 7 1997
.,. /,.z.
Tral~c:
The Tratfic Circulation Element identifies this segment oflmmokalee Road as a 4-1ane ~rlerial.
The current tra/fic count for this segment is 22,641 AADT and is operating al LOS "A". This
segment is not projected to be deficient within the next five (5) years. 'INs project meets the
County's concurrency requirement and is consistent with Policiesl.3, 1.4, 5.1, 5.2, and 7.3.
From a pl:~ming and traffic safety standpoint, due to the clear sight distance of the existing
engress and egress e~sement, the proposed access should operate adequately subject to any
required engineering modifications and the Collier County Access Management Plan. The final
geometry and design of the access will be reviewed at the time of Prelimina~ Site Development
Plan (SDP) and/or Preliminary Subdivision Plat ('PSP) review.
The GMP consistency review indicates that approval ofthis petition is consistent with policies of
the TCE.
Both a public sanitary sewer and municipal water supply is available to the property. All
development must comply with surface water management requirements invoked at the time of
site development plan approval.
Community Infrastructure and Services:
The subject property has convenient access to a wide range of community infrastructure, which is
enhanced by its frontage on Immokalee Road. Shopping centers, business offices and medical
offices m'e all within a short driving distance. There is a commercial portion of an approved PUD
(Pelican Strand) currently under construction, east of the subject site approximately ½ mile. This
commercial area will include a shopping center, and other commercial uses to serve the residents
of the Pelican Strand PUD, as well as neighboring residential developments.
Su mm~L~..;.
Based on the above analysis, the following conclusions can be reached from the staff report:
1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD
development strategy for multifamily residential development and related facilities is
consistent with the FLUE ofthe GMP.
2. The proposed density of development and development regulations are consistent with those
authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future
Land Use classification, an Activity Center Density Band and those projects defined as Infill
Development. However, the proposed density is more intensive than a majority ofthe projects in
the immediate area. The April Circle PUD was developed as a low to moderate income affordable
housing development, hence was eligible for up to sixteen (16) dwelling units per ac
7
blAY ? 1997
approved for 12.84 dwelling units per acre (See map with density comparisons). The petitioner ~s
not requesting an a.tTordable density housing bonus.
3. All other pertinent elements of the Glv~ were reviewed ~md the methods for achieving
consistency are made a part of the PUD regulations or otherwise achieved by the PUD
M~-t er Plan.
4. Findings related to the application to rezone to PUD and the development s~andards
specified in the PUD document and Master Plan support a recommendation of approval
·nd compatibility with adjacent land uses at a density of '7 dwelling units per acre, rather than the
requested 8.92 dwelling units per acre.
~TAFF RECOMMENDATION:
Staffrecommends that Collier County Planning Commission recommend approval of Petition
PUD-97-1, Eboli PUD pursuant to the Ordinance of'Adoption and Exhibits attached thereto,
subject to the following:
a. The approved density shall be seven (7) dwelling units per acre for a maximum buildout of
sixty-three (63) units.
2 7 1997
P~o ~.~/
PREP~ BY:
REVIEWED BY:
A. CAUi'ERO, ADMINISTRATOR
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. DATE
CCPC Meeting
Petition Number:
StatTRepon for
BCC meeting.
NOTE: This Petition has been advertised for the
COLLIER C.?~, ~G COMMISSION:
9
I~AY 2 7 1997
PKEPAKED BY:
PR.[IqCIPAL PI_&NNER
DATE
P,.EVIEWF..D BY:
~0~v.~.T J. mn.3m~, tdCP
CURRENT PLANNING MA~IAGER
DONALD W. ARNOLD, AICP
G SERVICES DEPARTMENT DIRECTOR
'VINCENT A. CAUTERO, ADMINISTRATOR
COMMUNITY DEVELOPMENT AND ENVIRO~AL SVCS.
DATE
DA~
Petition Number:
StaffReport for
CCPC Meeting
NOTE: This Petition has been advcrtised for the
lvll CHAE L-~.---D-A-'~, CH"A2RPERS ON
BCC meeting.
REZONE FINDINGS FOR PETITION PUD # 97-1
Section 2.7.2.$. ofthe Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners ~ show
that the Plar~ng commission has studied and considered the proposed change in re, l~tion to the
following, where 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.
]~ro/Con: Evaluation not applicable.
~;pmmarY Findin£s: The proposed development is in compliance with the Future Land Use
Element of the Growth Management Plan for Collier County, and all other elements, their
objectives and policies.
The Urban Residential Future Land Use Map (FLUM) designation, applicable to the property,
anticipates a zoning action to any residential zoning district so long as the authorized density is
consistent with the density rating system to the FLUE. The project is located within the
overlapping Activity Center Density Bands surrounding the 1-75flmmokalee Road intersection
and the Airport-Pulling Roaciflmmokalee Road intersection, as shown on the adopted FLUM.
The requested density of' Ig.92 dwelling units per acre does not exceed the maximum permitted
density often (10) dwelling units per acre based on the criteria in the Density Rating System
contained in 'the FLUE.
2. The existing land use pattern;
~Pro/~on: Evaluation not applicable.
~;ummary Findints;
Existing: The subject site is vacant and has an Agricultural (A) zoning designation
with an ST overlay over 1/3 of the site indicating its environmental sensitivity as an aquifer
recharge/wetland area.
Surrounding:
The property to the North zoned PUD (Carlton Lakes) currently developed with thirty-two (32)
multifamily dwelling units. Carlton Lakes PUD is 245.77 acres in size, and was approved for 626
units at a density of 2.62 dwelling units per acre.
AGEHD~
.o. l}.4ti
The property to the South is zoned Agricultural (A) and is currently
undeveloped.
The property to the East is zoned Agricultural (A) ~nd is cu~ently
undeveloped.
The property to the West is zoned PUD. It is developed w~th a low to moderate income muRi-
f~nily housing development known as April Circle PUD (W'mdsong Apartment Complex). It
consists ora 9.35 acre tract which is thlly developed with 120 units at a density of twelve (12)
dwelling units per acre.
3, The possibility creating oran isolated district unrelated to adjacent ~nd nearby
districts;
Pro/Cons Evaluation not applicable.
~;ummary Findine$: The site is adjacent to an existing multifamily-family development to the
west. To the north, extending westward from the 1-75 interchange al Immokalee Road, are
several residential PUD's under development, including C~rlton Lakes and Willoughby Gardens.
The availability of adequate infrastructure and the proximity to adjacent development's justify ·
rezoning action to PUD.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summa~ Fin.din~s: The district boundaries are logica/ly drawn. The site is similar in area and
shape to the April Circle PUD adjacent to the site on the west side.
5. Whether changed or changing conditions make the passage ofthe proposed
amendment necessary.
pro/(~on; Evaluation not applicable.
Summary Findines: The proposed change is appropriately based on the existing conditions of
the property and because it is consistent with the Future Land Use Element of the Growth
Management Plan,
MAY 2 7 '1997
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i) The zoning desigmation ofthe adjacent propert7 to the west, le~lly ~ows 8zeater
densit7 of development (]2 dwelling units/acre) than is permitted by this petition therefore, the
rezordng action should not adversely affect liv{ng conditions in the area.
(ii) The proposed master plan shows proposed residential areas ofthe site are isolated fi.om the
contiguous residential property to the west. The proposed residential areas on the subject site are
separated fi.om the neighboring property by a proposed lake, and required landscape buffers.
~ The conversion ofraw land to urban development may be viewed by the neighboring
property owner's to the west as an infringement on their existing quality of enviroru-nent.
However, by law, the County cannot deny a property owner reasonable use of his/her land,
consistent with the Comprehensive Plan, without fair compensation.
Summ~ry Findines: The proposed zoning amendment will not adversely affect living conditions
in the neighborhood because the recommended development standards and other conditions for
approval have been developed and designed to ensure the least amount of adverse impact on
adjacent developments.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or other-wise affect public safety.
J~ro: (i) The proposed development of the subject property is consistent with the provisions of
the Traffic Element of the Growth Management Plan, therefore the additional traffic generated by
the proposed development should not adversely affect the comfort and safety of existing users on
adjacent public roads.
(ii) Access to the subject property is by way of Immokalee Road, a County arterial roadway.
The site is also located within one (1) mile of the 1-75 interchange at lmmokalee Road.
~ As urban intensification increases, there is some loss of comfort and ease oftravei to
motorists using the adjacent roadways. However, by law, this degree ofdiscomfort is regulated by
concurrency requirements.
Summary Findinl~s: _ Evaluation ofthis project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent.
Additionally, turn lanes, dedications, contributions to traffic signal costs, etc.) In the final
analysis all projects are subject to the Concurrency Management system.
AG£N D~, IT.~ ia,
MAY 2 7 1997
PI. ff/O0
8. Whether the proposed change will create a drainage problem;
Pro; Water management improvements to accommodate site development are designed to
accommodate the normal drainage requirement.
Con: Urban intensification always poses a threat for area-wide flooding under the most severe
rain_fall event, unless countywide drainage improvements are made commensurate with urban
intensification.
~ummary Findini~s: Every project approved in Collier County involving the utilization of land
for some land use activity is scrutinized and required to mitigate all s~b-surfac~ drainage
generated by developmental activities as a condition of approval. This project was revi~;,ed for
drainage relationships and design and construction plans are required to m~t County standards as
a condition of approval. In the event area-wide deficiencies develop, which deficiencies would be
further exacerbated by developing vacant land, the County is required to react through its
Concurrency Management system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Evaluation not applicable.
Summary Findings: All projects in Collier County are subject to the development standards that
are unique to the zoning district in which it is located. These development standards and other
apply generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) were designed to ensure that light penetration and circulation of~ir
does not adversely affect adjacent areas.
10.
area;
~ro:
Whether the proposed change will adversely affect property values in the adjacent
Urban intensification typically increases the value of adjacent vacant or underutilized land.
Con...__2 None.
Summary Findinl~s: 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 many factors including zoning, however zoning by itself may or may not affect
values, since value determination by law is driven by market value. The mere fact that a property
is given a new zoning designation may or may not affect value.
I1. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con:
Evalua'~[on not applicable.
4
AGENDA
MAY g 7
[Summary Findinl~s: Application of the development standards found in the ~ Developer
Code combined with the administrative site devdopment plan approval process, should give
ma.~nable assurance that the proposed change in zoning will not deter the future improvemem or
development of adjacent property.
12. Whether the proposed change will constitute a grant ofspecial privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summzrv Findlnv43. Sink consistency with the Future Land Use Element ofthe C_xxmty's
Growth Management Plan is deemed to be in the public's interest, and because the proposed
rezoning action and subsequent development complies with the Growah Management Plan, then
the proposal can be deemed not to constitute a special privilege and in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findings: The subject proper~y is not undevelopable under its current zorfing
designation. The petitioner's request is consistent with the Future Land Use Map in that the site
is located in an Urban Designated Area, within density bands surrounding major intersecaions east
and west of the site. Surrounding properties north and east ofthe site are already developed or
are under development at densities which are higher than what is currently permitted by the
Agricultural zoning designation of the subject site. To develop this site at its present, allowable
density of one (1) dwelling unit per five (5) acres would be incompatible with the surrounding
land uses north and east, and inconsistent with the intent ofthe Urban Land Use designation and
Activity Center Density bands as described in the Grovah Management Plan.
14. Whether the change suggested is out ofscale with the needs of the neighborhood or
the County;
~Pro/~on: Evaluation not applicable.
Summary Findings: The proposed development complies with the Growth Management Plan, a
policy statement which has evaluated the scale, density and intensity of land uses deemed to be
acceptable for this site.
15. Whether it is impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
NO. ~
t/lAY 2 7 1997
PI.
~ This is a special purpose petition which involves establishing a density not
otherwise available in an existing R.MY-6 zoning di~dct.
16, The physical characteristics of the property and the degree orsite alteration which
would be requlred to make the property usable for any of the range of potential uses under
the proposed zoning classification,
Pro/Con: Evaluation not applicable.
~ummary Findinl~s: The e~ent of site alteration will be determined as a f~n~lon ofobta~'~ng
Site Development Plan approval which will be necessary to execute the PUD's development
strategy. The existing wetland area on site will be preserved.
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 as defined and implemented through the Collier County Adequate
Public Facilities Ordinance, as amended.
~Pro/Con: Application not applicable.
Summary Findings: Sanitary sewers and municipal water utilities are available to serve thc
development. Review by jurisdictional staff for consistency evaluation with GMP required levels
of service advise that there is no deficiency.
6
NO. (~
I AY g ? 1997
P~. ~
FINDINGS FOR PUD
PUD-97-1
Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning
Commission to mtke a finding ~ to the PUD Master Plan's compliance with the following
criteria:
The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro:
(i)
The subject site is located adjacent to an existing relatively high-density multi-
family development on the west side and approved residential single family and
muhifamily developments on the north side.
Con:
(ii)
(iii)
(i)
Intensifying land development patterns produces economies of stile relative to
public utilities, facilities and services, which are currently available in this area.
The extent that location choice is enhanced for residential environments within the
designated urban area reduces the push on urban sprawl.
Nearby residential communities often perceive residential intensification in their
area as contributing factors to inconveniencing movements to and from their place
of residence.
Findin£:
Jurisdictional reviews by County staffsuppon the manner and pattern of
development proposed for the subject property. Development conditions
contained in the PUD document give assurance that all infrastructure will be
developed and be consistent with County regulations. Any inadequacies which
require supplementing the PUD document will be recommended to the Board of
County Commissioners as conditions ofapproval by staffand the CCPC.
Traditional locations for multiple family housing has been near major road
intersections and adjacent to commercial nodes at intersection. The fact that the
subject site lies within overlapping density bands between Activity Centers located
at two major intersections makes high density housing within these environs the
most reasonable response to land use.
o
Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided
or maintained at public expense.
AGENDA I~'f M~
7
MAY 2 ? 1997
Pro/(~gnl Evaluation not applicable.
Documents submitted with the application provide evidence of unified
control. The PUD document makes appropriate provisions for continuing
operation and maintenance of Common areas.
Conformity of the proposed Planned Unit Development with the goals,
objectives and policies oftb. e Growth Management Plan.
Pro/Cgnl Evaluation not applicable.
Findin£:
The subject petition has been found consistent with the goals, objectives
and policies of the Growth Management Plan.
The subject property is designated Urban Mixed-Use - Urban Residential
on the FLUE to the GtVEP. As such it authorizes zoning actions aimed at
allowing the land to be used for urban residential purposes.
This petition has been reviewed by the appropriate s~atTfor compliance
with the applicable elements of the Growth Management Plan.
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.
Pro/Con: Evaluation not applicable.
The PUD Master Plan has been designed to optimize internal land use
relationships through the use of various forms of open space separation
(i.e., preserves, lakes, etc.). External relationships we regulated by the
Land Development Code to help assure harmonious relationships between
projects· In this particular project environmenta~ conditions of the site act
to create a significant natural open space separation from any future uses to
the south of the site.
The adequacy of usable open space areas in existence and as proposed to
serve the development.
Pro/C0nl Evaluation not applicable.
The amount of open space set aside by this project is consistent with the
provisions of the Land Development Code·
AGENDA, IT[M.
No. ~
MAY 2 7
The timing or sequence of'development for the purpose o£assuring the
adequacy of available improvements and facilities, both public and private.
Evaluation not applicable.
Timing or sequence of development in light of concurrency requirements
automatically triggers the mechanism for ensuring that future LOS
degradation is not allowed or the LOS deficiency is eot'reeled.
See Finding No. I, also applicable for this finding.
The ability of the subject properly and of surrounding areas Io accommodate
expansion.
Evaluation not applicable.
Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal systems, potable water supplies, characteristics of the
property relative to hazards, and capacity ofroads, is supportive of
conditions emanating from urban development. This asse~ment is
described at length in the staff report. Development of the subject property
is timely, because supporting infi'astructure is available and deemed to be
adequate.
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.
.Pro/Con: Evaluation not applicable.
This finding essentially requires an evaluation of the extent to which
development standards proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning
district. The development standards in this PUD are similar to those
standards used for particular housing structures and associated area
requirements.
^GEND6 IT, EM,
no. l~( 6J ¢~/
MAY 2 7 1997
ORDINANCE NO.
4
$
7
9
10
11
14
15
17
19
20
21
24
25
26
27
29
3O
31
32
33
AR ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COT.T.?ER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE COM~REHENSIV~ ZONING R~GULAT~ONS
FOR THE UNINCORPOPATED AREA OF COLLIER COUNTY, FLOR/DA BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 8630N$ BY C1{ANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCR/BED REAL PROPERTY FROM "A/ST" RURAL
AGRICULTURE TO 'PUD" PLAk~ED UNIT DEVELOPMENT KNOWN AS EBOLI PUD FOR
80 MULTI-FAMILY DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF
ROAD (C.R. 846), FAST OF A~R/L CIRCLE PUD AND WEST OF INTERSTATE ?5,
IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 8.97 ACRes; AND BY PROVIDING AR EFFECTIVE ~ATE.
WHEREAS, William L. Hoover, AICP, of ~oover Planning Shoppe and
Beau Keene, P.E., of Green, Keene & Etak, Inc., representing Cathryn
Eboli Trustee of the Cathryn Eboli Revocable Tr~st Agreement,
petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida:
The zoning classification of the herein described real property
located in Section 30, Township 48 South, Range 26 East, Collier
County, Florida, is changed from "A/ST' R~r&l Agriculture to 'PUD"
Planned Unit Development in accordance with the Eboli PUD Document,
attached hereto as Exhibit "A' and incor]morated by reference herein.
The Official Zoning Atlas Map Number 8630N, as described in Ordinance
Number 91-102, the Collier County Land Development Code, Is hereby
amended accordingly.
34
PAGE I
NAY 2 ? 1997
,'
4
6
7
10
11
14
15
16
17
18
19
20
21
24
26
27
29
30
31
32
33
34
This Ordinance shall become effective upon filing wi~h the
Depar~uaent of St&re.
PASSED AND DULY ADOPTED by the Board of County Co~aslo~er~ of
Collier County, Florida, this ~ day of
_, 1997.
BOARD OF COUNTY
COLLIE~ COUNTy, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHy L. HA~COC~, CHAIRMAR
APPROVED AS TO FOR)~
AND LEGAL SUFFICIENCY
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEy
PUD-97-1 ORDINANCE/19144
PAGE 2
1'1o. I~_~l~
NAY P, 7 1997
EBOLI
PUD
A PI-~NNED UNIT DEVELOPMI=_NT
PREPARED FOR:
CATHRYN EBOU, TRUSTEE
CATHRYN EBOU REVOCABLE TRUST AGREEMENT
c/o JOHN EBOU
3042 SACRAMENTO STREET #3
SAN FRANCISCO, CA 94115
PREPARED BY:
WILLIAM L HOOVER, AICP
HOOVER PLANNING SHOPPE
2223 TRADE CENTER WAY
NAPLES, FL 34109
BEAU KEENE, P.E.
GREEN, KEENE & EREK, INC.
3806 EXCHANGE AVENUE
NAPLES, FL 34104
DATE REVISED
DATE REVIEWED BY CCPC -
DATE APPROVED BY BCC
ORDINANCE NUMBER -
Exhibit "A"
DATE FILED JANUARY 6. 1~'
MAY ~ ?/997
....27
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I
SECTION il
SECTION III
SECTION IV
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
RESIDENTIAL AREAS PLAN
DEVELOPMENT COMMITMENTS
i
ii
1
3
5
8
13
I~/~¥ 2 7 1997
EXHIBIT A
EXHIBIT B
EXHIBIT C
UST OF EXHIBITS
PUD MASTER PLAN/WATER MANAGEMENT PLAN
VICINITY MAP
ARCHITECTURAL DESIGN ILLUSTRATION
ii
AGE~DA, IT[M.
MAY ,~ 7 1997
STATEMENT OF COMPLIANCE
The development of approximately 8.97 acres of property in Collier County, as a
Planned Unit Development to be known as Eboli PUD will be in compliarx:~ with the
planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The residential facilities of the Eboli 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 Residential Mixed Use District Land Use
Designation as identified on the Future Land Use Map.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
The project is located within the Residential Density Band around the Interstate
75 - Immokalee Road (C,R. 846) Activity Center, as described within the Density
Rating System of the Future Land Use Element.
The project qualifies as a Residential In-fill project, since it is 10 acres or less in
size, situated within an area with central water and sewer, and compatible with
surrounding properties, as described within the Density Rating System 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 be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use 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.
The projected density of 8.92 dwelling units per acre is in compliance with the
Future Land Use Element of the Growth Management Plan based on the
following relationships to required c~'iteria:
!
AGEN. D~ IT~.~4 ,,
No. ~
MAY 2, ? 1997
10.
Base Density
Residential In-fill
Activity Center Density Band
Maximum Permitted Density
4 dwelling units/acre
+3 dwelling units/acre
+3 cN~ellino units/acre
10 d,~velling units/acre
All final local development orders for this project are subject to Divisior~ 3.15,
Adequate Public Facilities, of the Collier County Land Developmer~t Code.
1997
1.1
1.2
1.3
1.4
1.5
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
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 Eboli PUD.
LEGAL DESCRIPTION
The subject property being 8.97 acres, and located in Section 30, Township 48
South, and Range 26 East, is described as:
The East one-half (1/2) of the West one-half (1/2) of the Northwest one-quarter
(1/4) of the Northwest one-quarter (1/4) of Section 30, Township 48 South,
Range 26 East, and EXCEPTING the North 150 feet thereof conveyed for
highway right-of-way, in Collier County, Florida.
PROPERTY OWNERSHIP
The subject property is owned by:
Cathryn Eboli
Trustee of the Cathryn Eboli Revocable Trust Agreement
c/o John Eboli
3042 Sacramento Street #3
San Francisco, California 94115
GENERAl,. DESCRIPTION OF PRQPERTY AREA
The subject property is located on the southern side of Immokalee Road,
1/2 mile west of the 1-75 Interchange (unincorporated Collier County),
Florida.
The entire project site currently has Agricultural Zoning and is proposed
to be rezoned to PUD.
PHY$ (;;AL DESCRIPTION
MAY 2 7 1997
1.6
1.7
The project site is located within the Cocohatchee River Canal Drainage Basin
according to the Collier County Drainage Atlas. Stormwater runoff from the site
is currently inhibited by an existing limerock roadway located on the east and
south sides of the site as well as the Windsong Apartment Complex to the west
and Immokalee Road (C.R.-846) to the North. The proposed out'fall for the
project is the Cocohatchee Canal north of Immokalee Road.
Natural ground elevation is approximately 12 - 13 NGVD The entire site is
located within FEMA Flood Zone 'X" with no base flood elevation specified.
The water management system for the project proposes the construction of a
perimeter berm with crest elevation set at the 25-year, 3-.day flood stage. Water
quality pretreatment is proposed in the on-site lake system prior to discharge to
the Immokalee Road storm drainage system. Utilization of the wetlands for
attenuation of the design storm improvements is included as part of the .design.
Flooding of the wetland preserve areas will ensure an improved hydroperiod.
Per Collier County Soil Legend, dated January 1990, there are 2 types of soil
found within the limits of the property:
#11 - Hallandale Fine Sand
#14 - Pineda Fine Sand, Limestone Substratum
The site vegetation consists mainly of Pine flatwoods and Cypress/Cabbage
Palm wetlands. The site has been invaded by exotics (i.e. Melaleuca and
Brazilian Pepper).
PROJECT DESCRIPTION
The Eboli PUD is a multi-family residential project with a maximum of 80 units.
Recreational facilities will be provided in conjunction with the dwelling units.
Residential land uses, recreational uses, and signage are designed to be
harmonious with one another in a natural setting by using common architecture,
quality screening/buffering, and native vegetation, whenever feasible.
This Ordinance shall be known and cited as the "Eboli Planned Unit
Development Ordinance".
AGENC)~
MAY 2, ? 1997
Pc. 3.3
, SECTION II
2.1
2.2
PROJECT DEVELOPMENT REQUIREMENTS
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.
Regulations for development of the Eboli PUD shall be in accordance with
the contents of this document, PUD- Planned Unit Development District
and other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of
issuance of any development order to which said regulations relate which
authorizes the construction of improvements, such as but not limited to
Final Subdivision Plat, Final Site Development Plan, 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 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 Eboli PUD shall become part of the
regulations which govern the manner in which the PUD site may be
developed.
Unless specificaJly waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
otherwise provided for in this PUD remain in full force and effect.
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
2.3
2.4
next, to occur of either.Final Site Development Plan approval, Final Plat
approval, cr building permit issuance applicable to this development.
DE CRIPTI N FPR JET N I RI T N I F
A maximum of 80 dwelling units shall be constructed in the residential portion of
the project area. The gross project area is 8.97 acres. The gross project density
shall be a maximum of 8.92 units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
2.5
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.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
MODEL UNITS AND SALES FACILITIES
In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
Temporary sales 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 2.6.33.4 of
the Land Development Code.
2.6
PR VISION FOR OFF-SIT REM VAL F EARTHEN MATERIAL
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the followin conditions.
A6£N D~, IT~4~
? 1997
PI-
Bo
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.
All other provisions of Division 3.5 Excavation of the Land Developmem
Code shall apply.
AGEND~ JT~J~
JlAY 2 7 1997
.,. ~
3.1
3.2
3.3
, SECTION III
RESIDENTIAL AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
.MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 80
units.
PERMITTED 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:
A. Permitted Principal Uses and Struct~r{~,:
Two-family dwellings.
Multi-family dwellings
apartments).
(includes townhouses and garden
B. Permitted Accessory Uses and, Structures:
Customary accessory uses and structures including carports,
garages, and utility buildings.
Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's' playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings, and
basketball/shuffle board courts.
3. Manager's residences and offices, rental facilities and model units.
4. Gatehouse.
o
Essential services,
maintenance facilities.
including interim and .permanent utility and
MAY 2 ? 1997
,g. ,.3?
3.4
6. Water management facilities, including within the Native Habitat
Preserve Area.
7. Recreational facilities, such as boardwalks, walking paths and
picnic areas, within the Natural Habitat Preserve Areas, after the
appropriate environmental review.
8. Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
9. Any other accessory use deemed compatible by the Development
Services Director.
DEVELOPMENT STANDARIP,~
A. Minimum Yards:
1. Principal structures:
(a) Yards from Immokalee Road Right-of-Way - Fifty (50) feet.
(b) Yards from the Eastern and Western PUD Boundaries -
Twenty (20) feet for one- (1) story structures and thirty (30)
feet for two- (2) story structures.
(c) Yards from the Southern PUD Boundary - Seventy (70) feet.
(d) Yards from back of curb or edge of vehicular pavement -
Fifteen (15) feet.
(e) Yards from the Natural Habitat Preserve Area - Twenty (20)
feet.
foot lake maintenance
(f) There shall be a twenty (20)
easement surrounding all lakes.
Accessory Structures:
(a)
(b)
Carports are permitted within parking areas.
Garages.
(b)
(c)
Garages..
Yards from the perimeter PUD Boundaries - Twenty (20)
feet, except for yards along Imrnokalee Road Right-of-Way
which shall be forty (40) feet.
(d)
Yards from any principal structures - Ten (10) feet, except
for swimming pools and screen enclosures which have
none.
Distanc~ I~etween Princ,,ipal Structures:
1. Between one (1) story and one (1) story structures -Ten (10) feet.
Between one (1) story and two (2) story structures - Fifteen (15)
feet.
Between two (2) story and two (2) story structures - Twenty (20)
feet.
Minimum Floor Area:
For one (1) bedroom units the minimum floor area shall be seven
hundred (700) square feet.
For two (2) bedroom units the minimum floor area shall be nine
hundred fifty (950) square feet.
For three (3) bedroom units the minimum floor area shall be
eleven hundred (1100) square feet.
Maximum Hei.qht:
1. For principal structures thirty-five (35) feet but not to exceed two
(2) stories over parking.
2. Clubhouses twenty-five (25) feet.
3. For all other accessory structures f'rfteen (15) feet.
Off-Street Parkin.q and I,.oading Requ rements:
tO
MAY 2, ? 1997
,,..3?
As required by Division.2.3 of the Land Development Code in effect at the
time of building permit application.
Open Space Requirements;
A minimum of sixty (60) percent open space, as described in Section
2.6.32 of the Land Development Code. Ir~uded in this open space shall
be area(s) set aside as Natural Habitat Preserve Area(s), as required in
Section 3.9.5.5 of the Land Development Code.
Landscapin.q and I~ufferin.q Requirements;
A berm or berm/wall combination shall be provided by the
developer adjacent to the Immokalee Road Right-of-Way. Such
berm or berm/wall combination shall have a height between four
(4) and ten (10) feet above its existing grade. The Development
Services Director may administratively permit a slope steeper than
4:1 along such berm where such slope will still meet sound
engineering and landscaping principles.
If landscape buffers are determined to be necessary adjacent to
preserve areas, they shall be separate from preserve areas.
Architectural Standards
All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said
unified architectural theme shall include: a similar architectural design
and use of similar materials and colors throughout all of the buildings,
signs, and fences/walls to be erected on the entire subject parcel.
Landscaping and streetscape materials shall also be similar in design
throughout the subject site. All buildings shall be primarily finished in light
subdued colors with stucco except for decorative trim. All roofs, exclusive
of carports, shall be peaked and finished in tile, metal, or architecturally-
designed shingle (such as Timberline). The buildings shall be
architecturally designed similar to Exhibit 'C" or utilize similar or other
architectural design features illustrated by Exhibit 'C' that are found
acceptable to the Development Services Director. A minimum of one (1)
carport or garage shall be provided for each dwelling unit.
|1
AGEND& IT[M~
NO. ~
MAY 2 7 1997
PI-
Signs shall be permitted as allowed within Division 2.5 of the Collier
County Land Development Code. Signage ahall also meet the
architectural standards further described in Section 3.4H. of this PUD
Document.
12
MAY ,~ 7 1997
.,. '//
, SECTION IV
DEVELOPMENT COMMITMENTS
4.1
4.2
4.3
The purpose of this Section is to set forth the commitments for the development
of this project.
GENERAL
All facilities shall be constructed in stdct accordance with Final Site
Development Plans, Final Subdivision Plaml 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. Except where specifically noted or stated otherwise, the
standards and specifications of the official County I.and 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.
The developer, his successor or assignee shall agree to follow the PUD Master
Plan and the regulations of this PUD as adopted and any other conditions or
modifications as may be sgreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
pUD MASTER PLAN
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. 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.
All necessary-easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and &Il common areas in the p;oject.
NO, ~
MAY 2 ? 1997
4.4
4.5
4.6
4.7
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 projected to be completed in one (1) or
two (2) phases.
The landowners shall proceed and be governed according to the time
limits pursuant to Se<lion 2.7.3.4 of the Land Development Code.
Monitorin~ ReDo~:. An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
ENGINEERING.
This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Lend
Development Co<la, Division 3.2. Subdivisions.
WAT[R MANAGEMENT
A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit shall be submitted prior to Final Site Development
Plan Approval.
An Excavation Permit will be required for the proposed lake in accordance
with Division 3.5 of the Collier County Land Development Code and
SFWMD rules.
Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or wall is constructed
adjacent to such PUD boundary.
UTILITIES
Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
14 AG£ND&
MAY 2, ? 1997
4.8
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
The applicant shall install arterial level street lighting at the project
entrance prior to .the granting of any Certificates of Occupancy for the
project.
The applicant shall be responsible for an eastbound right turn lane at the
project entrance, that shall be constructed during t~be construction of the
project's access driveway onto Immokalee Road. In addition,
compensating right-of-way shall be required to offset the benefit of said
turn lanes to the project. Such compensating property shall be dedicated
to Collier County prior to the gran[ing of any Certificates of Occupancy
for the project.
The project access shall be located and design(~d in accordance with the
Collier County Access Management Plan. Tim project shall share a
single access onto Immokalee Road with the abutting parcel to the east,
unless this is not available. Prior to the Final Site Development Plan
approval, the applicant shall provide documentation permitting the use of
the abutting nine- (9) acre parcel's western thirty (30) feet for road access
purposes. If a shared access is not feasible, tbs applicant shall relocate
the access onto Immokalee Road solely within the subject site. Direct
access to the site from Immokalee Road shall be limited to right-in/right-
out turning movements, unless, the County Transportation Services
Department, at their sole discretion, approves an alternative(s).
Based on the location of the proposed joint access onto Immokalee Road,
a directional median opening may be possible. However, nothing in this
zoning approval shall operate to vest any right to a median opening, full
or directional, for any development on the subject property or on the
abutting property to the east.
Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge directly into any roadway drainage system.
The applicant shall be responsible for a fair share contribution towards a
traffic signal system at the project entrance, should Collier County find
MAY 2 7 1997
4.9
4.10
such signal system warranted. Such signal m/stem shall be subject to
approval by Collier County Transportation Services.
pI, ANNING
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Cods Enforcement Department
contacted.
After a clubhouse is constructed, and upon request of the Collier County
Supervisor of Elections, such clubhouse shall be made available as a poll
site.
~NVlRQNMENTAL
Environmental permitting shall be in accordance with tho State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal
of exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
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 w~th no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
Buffers shall be provided around 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
Resources Permit Rules and be subject to review and a
Current Planning Environmental Review Staff.
16
Environmental
)proval by the
AGEND~
No,. ~
MAY ? 1997
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 Current Planning Environmental Review Staff f(x
review and approval prior to Final Site Development Plan/Construction
Plan approval.
17
MAY 2, ? 1997
PI.
EXHIBIT "A"
__L
V~CIN~TY ~AP
CJ, m. TON I.~ m JO
~JLn- r~J~T T~
(Um)C" ~O,4STmJCC~,~
~0 fgO~O${D
D(.~JTY O~ 1312
I-Sl~ I~,q~
~ (~ ~) m ~.
CAI ~) - ~
IHOO VER
~ ~Ni} Ill o I II4,
e
t
EXHIBIT B
VICINITY MAP
0 .5 I o~ w £
Mile
__ I~rnokolee Rood
~ ~ o~ Vonderbilt B~och Rood
~ote ~. I () Pine Ridge Rood
I
I
I
, /
I
I Green Blvd.
~ I
~ I
1997
EXHIBIT "C"
ARCHITECTURAL DESIGN ILLUSTRATION
I~AY 2 7 1997
Pt.
COLLIER COUNTY
APPLICATION FOR PUD REZONE
PETITION NO.p U D ~ ~ ... ~ ~:l'~tt~
Coo r AT NG
DATE RECEIVED
Applicant Name (Agent): William L, Hoover. AICP. of Hoov~ Planning Shoppe
Address: 2223 Trade Center Way. Nap]es. FL 34109 Phone: ~9~262 Fax: ~6~1327
and Beau Keen¢. P,E,. of Cn'e~n, Keene. & Erck. Inc.
Address: 3806 E×change Ave,. Nap]es. F~ 34104 Phone: 262=7525 F~x: 262-6231
Property Owner (Petitioner) Name and Address: C~,thryn_ Eboll Trustee of the Ca!bryn
Eboli Revocable Tr~! Agr~:~mcnt, ¢Jo lohn Eboli. 3042 Sacramento St, #3. San
Francisco. CA 941 ] 5 Phone: 415-846-4372
Detailed Legal Description of Subject Property:
Section .30 Township 4.___81.. Range __7~F~
The Eas! one-half(l/2) of the West one-half(I/2) of!he Northwest one-quarter (1/4) of
the Northwes! one-quarter {'1/4) of Section 30. Townsl'tip 48 South. Range 26 East.
gXC_F_,PTING the North 150 feet thereof conveyed for hi,way rift-of-way, in Collier
_County. Florid_~a.
Property Identification #: C)0199280003
Size of Property: .330 Feg! x 1.!85 Feet = 8.97+ Acres
General Location of Subject Property: The south side of Irnmok~ee Ro~,d 1/2 mile west
(pr!he Interchange with 1-75,
Adjacent Zoning and Land Use:
ZONING
N - .ROW & Canal &
Carlton Lakes PUD
S - Agricultural
E - Agricultural
W - April Circle PUD & ROW
LAND USE
Immokalee Rd. & Cocohatchee Em'hal &
Sales Trailer (Future Commercial to NW)
& Multi-Family Condominium~ tO NE
Vacant with borrow pits
Vi~cant
Wind$ong Affordable Housing AptL
8. ROW for future Livingston Road
Existing Zoning' Agricultural.
Proposed Land Use or Range of Uses: PUD with Permitted Uses of 1 ~md 2-~'lory coach
homes, patio } omes, villas, townhouses and garden apartments. AC,£~.Op.F[tfl~.I
NO. ~
g 7 1997
,,..St::) _
Does Property Owner own contiguot,s property to the subiect property:.
complete legal description of the entire contiguous property:
Has a public hearing for a rezone been held on this property within the past 12 months? If'
yes, please write the rezone application number.
~To,
Is this property currently vacant.'? Yes.
land use and all existing structures.
If the answer iz no please describe the current
Signature of Petitioner
/-
Date
* If petitioner is a corporation other than a public corporations, so indicate ~md name
officers and major stockholders.
* If petitioner is a land trust, so indicate and name beneficiaries.
* If petitioner is a partnership, limited partnership or other business entity, so indicate ~:1
name principals.
* If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated
on the lease.
* If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's
name and address.
See attached authorization l¢~er and deed.
AGENDA IT, EM,
Nc). ~
MAY g ? l.qCj7
NOTARIZED LETTER OF AUTHORIZATION
RE:
Proposed 9.24 Acre Residential PUD Located on the Southern Side of
Immokalee Road in Section 30, Township 48 South, Range 26 East in Collier
County, Florida
To VVhom It May Concern:
Please be advised that Beau Keene, P.E. of Bruce Green & A~sociates, 3806
Exchange Avenue, Naples, FL 34104, Marco Espinar, of Collier Environmental
Consultants, 3880 Estey Avenue, Naples, Florida 34104, and William L. Hoover, AICP
of Hoover Planning Shoppe, 2223 Trade Center Way, Naples, Florida 34109 have
been officially engaged by Cathryn Eboli, the trustee for the Cathryn Eboli Revocable
Trust Agreement who is the owner of the subject property, to act as her authorized
agents and to request necessary applications during the PUD Rezoning and related
developmental/permitting processes for the subject project.
STATE OF ~{.,/~.u.~ e~.'.-o .
COUNTY OF~ ]'~.~.,~,, - ,~-.
The ~"re, going instrument w~s acknow,~dgfl¢ befor~ me. ~is
~ ~ 0 C. 199~ by ~.~Y~
per~on~ kno~ to me or has produ~d
as i~tifi~tion and w~ did (did not) take an ~,th.
Notaw Publi~, State of ~ ·
My Commission Expires:_ ){/ i~
day of
who is
MAY 3 ? lcj97
COLLIE&' COU1~1'¥
D.C
Ck,'I.~TN E~OLI, · single wor~n, : " ' q '~ '-''
- . ..... : ~. * ,. '-~
s~-- ~, she ~-~ ~ ---. "~.. ~' "'.' )'
'~= ~,. ,, ~. - - .. .,
;:~;:..~ ' ".'~ ~, 4~ ~ ~,,~o~ ~., ~,;:~
SUMMARY
PETITION NO. PUD-92-9 (1) AGNOLI, BARBER AND BRUNDAGE, INC. REPRJ~g~q'rIIgG
D. NICEWONDER REQUESTD4G A~t AMEND~ TO THE hMMOKAI..EE ROAD CENTER
PUD FOR. THE PURPOSE OF ADDING A USE OF 'rite PROPERTY FOR A FIRE PREVENTION
TRAIN'RqG AND FIRE/PUBLIC SAFETY FACILITY FOR PROPERTY LOCATED ON THE
SOUTH SIDE OF [MMOKALEE ROAD IMMEDIATELY EAST OF SAM'S CLUB WAREHOUSE.
OI:U'ECTIVE:
This petition seeks to mend the Immokalee Road Center PUD for the express purpose of ~horiziag
ns a permitted use 'Fire Prevention Training and Fire/Public Safety Facilities.'
CONSIDERATIONS:
The amendment to the Immokalee Road Center PUD is intended to add the use of a Fb'e Prevtm~
Training and Fire/Public Safety Facility to the list of ~athofized uses. The North Naples F'me
Department has contracted with the property owner to acquire all of the land which comprises the
Iwanokalee Road Center PUD for the purpose of constructing a fire station and fire training facility.
A comparison of the potential impact of a Fire Station and Fire Training Facility with uses curremly
authorized O.e. food stores, eating and drinking places, general merchandise store) should not increase
site operating characteristics over those associated with an authorized use (i.e. automobile movemems,
noise, hours of operation, lighting effects, etc.). In any event, two physical cha~'acteristics of the site
and adjacent thereto provide a burlier to adjacent residential development to the east and south. The
east portion of the Immokalee Road Center PUD is required to preserve an area of' land where
contiguous to residential lots, while a water retention pond separates this PUD from reside.'~tial lots to
the south of the PUD.
Simply adding a use to the list of t~uthorized uses having a similar intensity should have no effect on
external and inter,mi impacts. Sin~ none of the land has been developed no one's expectations can be
abridged because of prior development. No special public interest would appear to be affected by the
addition of' a public safety land use.
Due to certain time demands by the North Naples Fire Department it was necessary to schedule the
public hearing before the Board of' County Commissioners in a manner which makes it impossible to
report the advisory opinion of'the Collier County Planning Commission. la view of this fact the CCPC's
advisory opinion will be communicated to the BCC on the scheduled public hearing date.
FISCAL 13IPACT:
None
MAY 7 1997
GROWTH MANAGEMENT
The proposed addition of a $o-.,er3m,,cn~ use doe~ not Sire ~ to any consistency rehtio~p tim was
not evaluated when 0)c PUD was first a~mved. Public uf~y f~:fiMes are allowable uscs of land in all
~u~ dL~s. This petition is therefore con.~tent with the FLUE to t~e
The ~.ndment doe~ nothing to ~e level of ~'rvice rehl/on~p~, c,r the way the ln-anoka~ Road
Corner PUD rdate~ to the goah, objective, or polic/e~ of the GMP. Subsequent deveiol:~nent of
indiv/&~i building blocks .remain ~ubject to Land Development Code re-dew ~d approv~ proc, em~
PLAINNING COM~IISSION RECOMMENDATION:
Th~ advisory opinicnl of the Collier County Plmming Commiuion will be
/,pre~rt~fion of thi~ Executive Sumn~y.
RONALD NINO, AICP D~TE
~F PLANNER
REVIEWED BY:
RO~SERT J. MULHERE, AICP
CURRENT P x.l~~; M~NAGER
DONALD W. A~O~, AICP
A~~ SER~ DEPAR~ENT D~OR
~NT A. CA~ERO, ADM~IS~TOR
DATE
COMMUNI2~ DEV. AND ENVIRONMENTAL SVCS.
I~LID-~2-9 (;) ]E~ ,~3'MMARY,'pd
TO:
FROM:
DATE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DMSION
A RIL 997
AGENDA
?-A
PETITION NO: PUD-92-9 (1) IMMOKALEE ROAD CENTER
OWNER/AGENT:
Agex~:
Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail, North
Naples, Florida 34108
I. D. Nicewonder
8231 Bay Colony Drive, #1104
Naples, Florida 34108
BEOUES .TE. D ACTION;
Tiffs petition seeks to amend the lmmokalee Road Center PUD for thc express purpose of authorizing
as a permitted use 'Fire Prevention Training and Fire/Public Safety Facilities.'
GEOGRAPHIC LOCATION:
The Immokalee Road Center PUD is located on the south side of Immokalee Road immediately east
of Sam's Club Warehouse (See location map following page).
pURPQSE/DE$¢RYPTION OF PROJECT;
The amendment to the Immokalee Road Center PUD is intended to add the use of a Fire Prevention
Training &nd Fire/Public Safety Facility to the list of authorized uses. The North Naples Fire
Department has contracted with the property owner to acquire all of the land which comprises the
Immokalee Road Center PUD for the purpose of constructing a fire station and fire training facilities.
SURROUNDING LAND USE AND ZONING:
A comparison of the potential impact of a Fire Station ~nd Fire Training facilities with uses currently
authorized (i.e. food stores, ratine and drinking places, general merchandise store) should not increase
- :.
site operating characteristics over those associated ~i,h an anthnrlzed u~a~ (i
noise, hours of operation, lightiniz effects, etc.), any ~rt?~hysic~ ch~ract'~~te
c
· r [" '"l
~J
I
i
and ·dj·cent thercto provide · l:~ffer to ·djacent residential development to the ~ ~nd south. The
east portion of' the Irnmok~lee Road Center PUD is required to preserve an area of land where
contiguous to residential lots, while a water retention pond separates this PUD from residential lots to
the south of the PUD.
GROWTH MANAGEMENT PLAN CON$I~;TENCY:
The proposed ·ddition of a govexnmental use does not giv~ rise to any consistenc,d relationship that
was not evalu·ted when the PUD was first approved. Public r, afety fadlifies ~re allowable uses of land
in all zoning districts. This petition is therefore consistent with th~ FLUE to the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Not applicable.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
Given the nature of the amendment, Land Development Code regulations fei·tire to engineering.
environmental, and landscaping have no application to the proposed revision to the Immokalee
Center.
ANALYSIS:
Simply adding a use to the list of authorized uses having · ~ imemiry slmukt ha~ ma effect gm
external and internal impacts. Since none of the land has been ~ ao o~e'$ expecxatk~ c:~ be
abridged because of prior development. No special public interest ~ appear to be a/Famed by the
addition of· public safety land use.
Staff is of the opirdon that no special buffering or sozeaiag rtquireraema ar~ ~ ~
attributable to the addition of the use.
The amendment does nothing to change level of service relaficmsti~ or the ~ the Immoka~ ~
Center PUD relates to the goaL% objectives or policies of the GMP. Subsequem d~ oF
individual building blocks remain subject to Land Development Code resqe~- and appro~-a] processex
STAFF RECOMMENDATION:
That the Collier County planning Commission (CCPC) recommend ·plxoval of Petition PUD-92-9 (1)
having the effect of amending the Immokalee Road Cent~ PUD a~ described by the draft amending
P' ' D BY: '
R0~A~D~ NT'N O, AICP
CHIEF PLANNER
DATE
REVIEWED BY:
IX)NAT .D W. ARNOLd, AICP
V'I'NCE~I' A. cALr~RO, ADMINISTRATOR
CO~Y DEV. ~ ~O~~ SV~.
Petition Number PUD-92-9 (1)
StMt'Report for May 1, 1997 CCPC meeting.
NOTE: This Petition has been adverti~d for the M~y 27, 1997 BCC meeting.
COLLIER COUNTY PLANNING COI~{MISSION:
MICHAEL A. DAVIS,
pLrD-92-9 (1) STAFF P, EF'ORT/I:xi
AGEN~A ,ITEM,
MAY 2 7 1997
PETITION NUMBER
DATE
APPLICATION FOR PUBLIC HEAR/NG
FOR
PUD AMENDMENT/DOAKKNDMENT
COM24IrNITY DEVELOPMENT DIVISION
PLANNING SERVICES
Name of Applicant(s) J.D. Nicewonder
Applicant's Mailing Address 8231 Bay Colony Drive #110~
City. Naples State Florida Zip
Applicant's Telephone Number: Res.:9&1-51&-10~SBus.:
Is the applicant the owner of the subject property?
Yes . No
3~I08
.... (a) If applicant is a land trust, so indicate and name
beneficiaries below.
(b) If applicant is corporation other than ~ public
corporation, so indicate and name officers and major
stockholders below.
(c) If applicant is a partnership, limited partnership
or other business entity, so indicate and name
principals below.
(d) If applicant is an owner, indicate exactly as
recorded, and list all other owners, if any.
(e) If applicant i~ a lessee, attach copy of lease, and
indicate actual owners if not indicated on the lease.
(f) If applicant is a contract purchaser, attach copy of
contract, and indicate actual o~er(s) name and address
below.
(If space is inadequate, attach on separate page.)
2. Name of Agent Sco~t Wh~ppT~ Firm )~fnm??'. ~rh~r ~ B~,,nd~Ee Inc.
Agents Mailing .A. ddress 7~00 T~mf~m~ T~7. Nnrth
City . Naples State
Telephone Number: Res.:
F;~r~d~ __ Zip 3~ ~
BUS.: 941-597-~J~-~/i
AGEN~ lIE:M,, ~
MAY 3 ? 1997 .
' ~
. _., _..P~. ~ ............
% 3. PUD ORDINANCE NAME AND NUMBER:
PUD - 93 - 26
4. DETAILED ~EGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate page. If
request involves change to more than on~ toning district, include
separate legal description for property lnvolved in each district.
If property is odd-shaped, submit five (5) copies of survey (1" to
400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINEER'S CERTIFICATION SHA?.T. BE REQUIRED.
SECTION 25 TOWNSHIP 485 RANGE 25E
Attached
Address or location of subject property Southeast corner of
Immokalee Road and Ai;Dort Pullin8 Road
Does property owner own contiguous property to the subject
property? If so, give complete legal description of entire
contiguous property. (If space is inadequate, attach on
separate page). N/A
7e
TYPE OF AMENDMENT:
X A. PUD Document Language Amendment
B. PUD Master Plan Amendment
C. Development Order Language Amendment
DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes
No If no, exPlain:
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE
LAST YEAR? IF SO, IN WHOSE NAME? ~
PETITION ~: DATE:
AGEND~ IT, EI~ \
MAv 2 ? 1997
Pg, ~
10.
H~S ANY PORTION OF THE PUD BEEN SOLD AND/OR
DEVELOPED? ARE ANY CHANGES PROPOSED FOR~HE AREA SOLD-AND/OR
DEVELOPED?
Yes. ~ No. IF YES, DESCRIBE: (ATTACH
ADDITIONAL SHEE~S IF NECESSARY).
We, J.D. Nicewonder being first duly sworn,
depose and say that we are the owners o[ the property described
herein and which is the subject matter of the proposed hearing;
that all the answers to the questions in this application, and all
sketches, data, and other supplementary matter attached tD and
made a part of this application, are honest and true to the best
of our knowledge and belief. We understand this application must
be completed and accurate before a hearing can be advertised. We
further permit the undersigned to act as our representative in any
matters regarding this Petition.
NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY.
SIG~;ATURE OF OWNER
State of Florida
County of Collier
The foregoin.~,Appl$cation was acknowledged before me this
· 0 day of ~/~ , 199Z by ~,~./~cW~~ , who
is personally ~Do~n to me or
~ · · · id-not-)-
take an oath.
.,,,,,,,,,,,,,,,,,,,,,,, ..
..-'"'~q.?.~'6'~'i'.~.: 0~'... ~g~ ~ature o~ Notar~ Public)
~..c' '.. ~L~ ..' ~ ' ' es'
PUD\DO APPLICATION/md/4128
MAY 2, 7 1997
DESCRIPTION OF LAND SUI~VEYED
.ALI~.THAT PART OF TH~. NORTIrWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER
~ 1/4) OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 1NOP, THWEST COILN-EK OF SAID SECTION 25, THENCE SOUTH $9°15'10
EAST ALONG Tt{E NORTHERLY LrNE OF SAID SECTION A DISTANCE OF 652.02 FEET; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 00°04'05" EAST A DISTANCE OF 150.00 FEET TO AN
INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD
$46S), ALSO BEING THE POINT OF BEGINNING OF THE LAND HEREIN BEING DESCRIBED;
THENCE CONTINUE SOUTH 00°04'05" EAST ALON_G THE EASTERLY LINE OF SAM'S
WHOLESALE CLUB A DISTANCE OF 730.24 FEET;
THENCE LEAVrNG SAID EASTERLY LIN'E SOUTH 89°12'07' EAST A DISTANCE OF 663.45 FEET
TO AN INTERSECTION WITH THE WESTERLY LINE OF FOUR SEASONS SUBDIVISION AS
RECORDED IN PLAT BOOK 10, PAGE 95, COLLIER COUNTY, FLORIDA;
THENCE NORTH 00°I0'04' WEST ALONG SAID WESTERLY LINE A DISTANCE OF 730.85 FEET
TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD
(C.R.
TI-fENCE ALONG SAID SOUTHERLY LINE NORTH $9°15'10' WEST A DISTANCE OF 662,18 FEET
TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; "
CONTAINING 11.1 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MAY 2 7 1997 :
.,./4)
2
3
4
6
?
31
~6
3T
39
4~
43
44
4'7
43
'""--- 49
ORDI]~NCE NO. 97- ______
A/~ ORDINANCE A~NDING ORDINA/~CE NL~ER
93-26 IM~OKA~EE R~AD CENTER PUD BY
PROVIDING FOR: SECTION ONE: AF~ND~NT
TO SECTION 4.3 pERMITTED USES; SECTION
TWO: EFFECTIVE DATE.
10 WHaRF_AS, on September 11, 1990, the Board of County
11 Co~u~i$$ionera approved ordinance Number 93-26, which established the
J2 Immokalee Road center Planned Unit Development; and
13 WHEP~, Agnoli, Barber & Brundage, ~nc., petitioned the Board
14 of county Commissioners of Collier County, Florida, to amend
15 ordinance Number 93-26 the as set forth below;
16 NOW, THER]~FORE BE IT ORDAINqSD by the Board of County
1'7 Co~u~,is$ioners of Collier County, Florida that:
j! SECTION O,%~-: ~NDI{ENT$ TO pERMITTED USES SECTION
19 Section 4.3.A. Permitted Principal Uses and Structures, of the
20 I~okalee Road Center Planned Unit Development (ordinance No. 93-26),
21 is hereby ~_~ended to read as follows:
23 25. Public administration (groups 9111-9199, 9229, 9311,
9411-9451, 9511-9532, 9611-9661); and fire.
24 ~_revention, trainin~ and fire/publi--c safety
25 facilities.
26 -
27 SECTION T'.'-~£E: EFFECTIV]5 DATE
28 This ordinance shall become effective upon filing with the
29 Department of State.
30 PA3SED ;LND DULY ADOPTED by the Board of County Cor=~issioners
of Collier county, Florida, this day of , 1997.
BOARD OF COUNTY CO~ISS~-ONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. EROCK, CLERK
BY:
~iMOTHY L. H~NCOCK, CH.~II:L~-~
~PPROVED A-5 TO FORM A.ND LEG~tL ~UFFICIENCY:
~3kRJOR3~ M. STUDENT
ASSISTANT COUNTY ATTORNEY
~DIN~C£ NO ~3.:;/Zmmo~llee Ro~d Cen%e~
Word,
added.
EXECUTIVE SUMMARY
PETITION NO. PUD-96-11 (1), KAR.EN K. BISHOP OF PROJECT MANAGEMENT SERVICES,
INC., OF NAPLES KF_..PRESE~G PELICAN STRAND LTD., I:LEQUESTING A RF..ZONE
FROM 'PUD" TO 'PUD' PLANNED UNIT DEVELOPMENT WHICH W!I_ I. CONTINUE TO BE
KNOWN AS PELICAN STRAND HAVING THE EFFECT OF INCREASING THE NUMB~ OF
AUTHORIZED DWELLING UNITS FROM 680 DWELLING UNITS TO 1200 DWELLING UNITS
IN RESPONSE TO A PREVIOUS AME~ME~ INCREASING THE AREA OF THE PELICAN
STRAND PUD BY 375.269 ACRES; BY REVISING THE COMMERCIAL DEVELOPMENT
STRATEGY WHILE RETAINING THE. S,sJV[E NUMBER OF ACRES FOR COMMERCIAL
DEVELOPMENT BY MAKING OTHER REVISIONS TO THE TEXT OF THE PUD AND BY
ADOPTING A NEW MASTER PLAN TO ACCOUNT FOR ADDITIONAL RESIDENTIAL
DEVELOPMENT I'P. ACTS FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT
OF 1-75 AND IMMOKALEE ROAD (CR-846), IN SECTIONS 18 & 19, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 575 ACRES, MORE OR
LESS.
OBJECTIVE:
This petition seeks to amend the Pelican Strand PUD by replacing the document and master plan to
effectuate an increase in the number of dwelling units (680 to 1200), to revise the commercial
development strategy, to assign residential uses to tracts currently shown as "future development" and
to make such other revisions to the text of the PUD Document resulting from staff`review.
CONSIDERATIONS:
When Ordinance No. 96-65 (the current Pelican Strand Document) was adopted it had the effect of
adding 375 acres more or less to the then applicable PUD (Ordinance No. 96-65). Because the DRI
threshold would have come into play if the number of dwellings had been added at the time of' last
consideration no additional uses of land were allocated to the added area with the exception of golf
courses so that the petitioner's development strategy could be expedited. This petition will have the
effect of allocating residential development areas to the enlarged PUD boundary in which areas were
simply illustrated as "future development" on the Master Plan.
The PUD document also proposes changing the commercial development strategy, and revising the
format and content of the PUD. A summary of the changes from the current PUD to the proposed
PUD is as follows:
Current PUD Ord. 96-65 Proposed PUD
I)
Residential Dwelling Unit
Authorization
680 1200
n)
Comm~rci*l ~ Uses
Offices
Hotel
III) Mast~' Plan
IV) PUD Document
120,000 SCl. fi.
40,000 sq. fl.
260 rooms
Unlisted Use Ar~
and 680 d.u.'$
120,000 sq. fi.
$0,000 sq. fl.
140 rooms
D~igr~ted Arms
and 1200 d.u.'s
Currellt
0) D,~lop~
S~
(2) Form~
O) Addmoml
Regulstion
A true comparison should account for the fact that the current authorized number of dwelling units
were approved based on ~, PUD consisting of 199 acres for 4.02 dwelling units per acre. This is based
on the area, less thc 30 acres of commercially desilp~ated land divided by 680 dwelling units.
Subsequently, another 3'/5 acres were added without ass'igning any new additional dwelling units.
There was a specific reason for doing this, having to do with the properties DRI relationship, how~,ver,
the l:~titioner advised that they would shortly request the apprepriate ~ljustment to the number of
dwelling units to be authorized. The density now requested amounts to 2.2 dwelling units per acr~ a
density that is substantially less than is otherwise authorized by the density rating system and is therefore
consistent with the FLUE to the GN[P.
Typically, zoning development orders containing a DRI threshold are concurrently processed and heard
with the DRI Development Order. The petitioner specifically requested consideration prior to the time
the DRI Development Order will be scheduled for the Board's consideration. In order to avoid an
unencumbered approval, authorizing development requiring a DRI Development Order the PUD
contains a stipulation that is designed to allow the additional 520 dwelling units only following approval
of the DKI D~,,velopment Order authorizing more than 680 dwelling units the number of dwelling units
for which Pelican Strand is now vested.
The Traffic Circulation Element lists Immokalee Road (CR-846) ss a 4 lane arterial road fronting the
p~cject. The current traffic count for this segment is 25,488 AADT and is operating at LOS "B". It
lhlil~J;~lhat the l~,.Lvf service on Im_m_okal~ Road is projected to fall below it's adopted LOS
"I)" standard by the ye, ar 1999~ This includes the two lane segment from 1-75 to CR-951. As a result,
road improvemc~ts will be needed to meet concurrency requirements. The Capital Project Report lists
the segment of CR-$46 from 1-75 to CR-951 as a future 4 lane facility to be completed by late 2,001.
The increased capacity will improve the LOS to acceptable standards at that time. However. there ire
lli;c.i;aI~jtted road improvements to 6 lane CR-846 west of 1-75 within the next five years. Therefore,
this Ix~tition doesn't comply with Policies 1.3 and 5.1 of the TCE.
bIAY 2 7 1997
In view of this fact, r~xff, and the Collier County Planning Commission concurred, to recommeaxi thai
no number of dwelling units be ~llowed to exceed 6g0 dwelling units until auch time ~s Immokalee
Road both west and east of 1-75 is committed for widening within the County's Capital Improvement
Progrtm. Addifio~_lly, the DKI Development Order provides that developrnem at Pelican Strand is
mbject to the County's Concurrency Management System.
The Collier County Planning Commission heard this petition on May 1, 1997 and by a unanimous vote
(? to 0) recommended approval. No person spoke or otherwise communicated any level of objection to
this petition.
HiSTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
~rchaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, all development
within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
FISCAL IMPACT:
Th~s petition by and of itself will have no fiscal impact on the County. However, if this amendment
achieves its objective, the land will be developed. The mere fact that new development has been
approved will result in a future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new development on
public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public facilities. In the event that impact fee collections
are inadequate to maintain adopted levels of service, the County must provide supplemental funds from
other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
Analysis of this petition as presented and as structured by its PUD regulatory document resulted in
reaching a conclusion that its approval is consistent with the Collier County Growth Management Plan,
provided development is timed to be consistent with the TCE.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of
either final SDP approval, final plat approva!, or building permit issuance applicable to this
devel.opment. ~,G ~: ?~n ~ '}
IJ, ¥ g ? 1997
3 Pa. ~
PLANNING COMMISSION RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition PUD-96-11 (1) l~ving
the effect of repealing the current Pelican Strand Ordinance No. 96-65, ~nd ~dopting ~ new Pdicaa
Str~zl PUD Document and Master Plan which provides for an increase in the number of housing unit,g
changes the comme,cial development ~trategy ~nd provides for a new PUD Document ~nd M~ster Plan
with the condition that the following development commitment be added to Section 7.7 Transpo~ion:
Except ~s otherwise provided for the application of the County's Concurrency
Management System, development of dwelling units in excess of 680 dwelling units fi.all
not be authorized for permitting unless improvements we committed through the
County's Capital Improvement Program for the widening of lmmok~lee Road to fix
lanes west ofi-75 to U.S. 41, and four lanes east ofl-75 to CR-951.
.PREPARE~. ~'
~DNA'LD NIN0: AICP DATE
CFIEEF PLANNER
REVIEWED BY:
I~OI~ERT J. MULHERE, AICP
CUm NT PLANNING
DONALD W. ARNOLD, AICP
P.~~,I/qG SERVIC~EPARTMENT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DATE
l~.JI~.9~-I l EX SUMMARY~d
IS/l Y 2 7
AGENDA ITEM 7-B
TO:
FROM:
COLLIER COUNTY PL,
CO~TY DEVELOPMENT SERVICES DIV1S1ON
DATE:
MARCH 27, 1997
PETITION NO: PUD-96-11(1), PELICAN STRAND
OWNER/AGENT:
Agent:
Ms. Karen Bishop
PMS Inc. of Naples
2335 Tamiami Trail North, Suite 408
Naples, Florida 34103
Owrler:
Pelican Strand Ltd.
10621 Airport-Pulling Road, Suite i
Naples, Florida 34109
(Ltd. Partnership David Mobley & Paul Hardy)
REQUESTED ACTION:
This petition when approved will have the effect of repealing the current PUD (Planned Unit
Development District) and replacing it with a new PUD (Planned Unit Development District).
Revisions to the current PUD will have the effect of increasing the total number of dwelling units from
680 to 1200 dwelling units, revising the commercial development strategy and adopting a new Master
Plan.
GEOGRAPHIC LOCATION:
The Pelican Strand PUD lies north of hnmokalee Road immediately west of the 1-75 freeway (see
location map following page).
pURPOSE/DESCRIPTION OF PROJECT:
When Ordinance No. 96-65 (the current Pelican Strand Document) was adopted it had the effect of
adding 375 acres more or less to the then applicable PUD (Ordinance No. 96-65). Because the DKI
threshold would have come into play if the number of dwellings had been added at the time of last
consideration no additional uses of land were allocated to the added area with the exception of golf
courses so that the petitioner's development strategy could be expedited. This petition will have the
effect of allocating residential development areas to the enlarged PUD boundary.
MAY 2 7 1997
F-II
I11
I!
ti
!
The PUD document also proposes changing the commercial development strategy, and revising the
format and content of the PUD. A summary of the changes from the current PUD to the proposed
PUD is as follows:
I)
Residential Dwelling Unit
Authorization
Current PUD Ord. No. 96-6~
680
Proposed PUD
1200
n)
Commercial Land Uses
On Activity Center Area
Retail Service
Offices
Hotel
120,000 sq. fi. 120,000 ~. fl.
40,000 sq. fi. 80,000 .sq. fl.
260 rooms 140 rooms
III) Master Plan Unlisted Use Area Designated Areas
and 680 du.'s and 1200 d.u.'s
IV') PUD Document Current
SURROUNDING LAND USE AND ZONING:
Revised - (1) Development
Standards
(2) Format
(3) Additional
Regulation
The proposed change does not impact surrounding land uses because there are no changes in zoning
boundaries.
{~ROWTH MANAGEMENT PLAN CONSISTENCY:
The revision to the current Pelican Strand PUD Document does not present any new GMP
relationships that were not reviewed and found consistent with the GMP except for the matter of
density which now arises as a result of the request to increase the number of authorized dwelling units
from 680 to 1200 dwelling units.
A true comparison should account for the fact that the current authorized number of dwelling units
were approved based on a PUD consisting of 199 acres for 4.02 dwelling units per acre. This is based
on the area, less the 30 acres of commercially designated land divided by 680 dwelling units.
Subsequently, another 375 acres were added without assigning any new additional dwelling units.
There was a specific reason for doing this, having to do with the properties DRI relationship, however,
the petitioner advised that they would shortly request the appropriate adjustment to the number of
dwelling units to be authorized. The density now requested amounts to 2.2 dwelling units per acre, a
density that is substantially less than is otherwise authorized by the density rating system and is
therefore consistent with the FLUE to the GMP.
AGENO, A O"'E,M -,~
MAY 2 ? 1997
The commercial tract consisting of thirty (30) acres is also consistent with the FLUE to the GMP by
virtue of its current vested status as part ora DKI Development Order and in any event consistent with
the FLUE because the land lies within a designated "activity center" which provided for commercial
land uses of the type authorized in the PUD,
Relative to other applicable elements of the GMP the assignment of additional density and
identification of residential development tracts within the area identified as "future development" from
Ordinance 96-65 (i.e. current Pelican Strand PUD) does give rise to additional consistency analysis as
follows:
P, ecreation and Open Space - Recreation space for County wide application is covered through
Recreation Impact Fees which will be assessed for each residential unit as it is developed. Under the
companion DKI Development Order no request was made to set aside a portion of the subject land for
County wide recreation purposes. However, recreation space and ser-,'ices for use of residents of
Pelican Strand will be available from the area of common lands illustrated on the Master Plan, golf
course system and clubhouse and recreational amenities typically made a part of residential
developments.
The Collier County Land Development Code requires sixty (60) percent of the gross acreage to be set
aside as open space. Open space includes water bodies and all pervious surface area, both that which
is in common land, and that on each individual development parcel. The Master Plan advises that 276
acres is set aside as common ground. Nearly forty (40) percent of the .land is common space.
Typically, development parcels will contribute more the remaining twenty (20) percent, therefore,
staff feels confident that approval of this project will be consistent with the Recreation and Open
Space element to the GNFF' and the provision ofthe LDC.
~.ater an.d Sewer Element By virtue of the fact that public water supply and wastewater collection
system extending from the County's system will be developed throughout the project makes this
project consistent with the water and se,,ver element of the GMP.
Drainage Element Specific requirements are included within the PUD document to guarantee that
goals, objectives and policies of the GMP will be achieved to the greatest extent possible.
(~0nserv~tign an~ (~9ast~l Management Element - All areas qualifying for jurisdictional preservation
have been identified as "Preserve Areas". Development commitments contained in the PUD document
provide us with assurances that as developmem approvals are sought for phases of development that
all requirements or provisions of the LDC relative to environmental relationships can be applied and
made consistent with said provisions of the LDC.
Traffic Circulation Element - The proposed amendment will add 3,427 site generated trips (without
trip adjustments) over the amount currently approved. Based on Policy 5.1 and 5.2 of the Tra~c
Circulation Element, the trips generated by this amendment will exceed 5% of the LOS "C" design
capacity on Immoka]ee Road within the project's radius of development influence (RD1).
AGEND&
I AY 7 1997
The Traffic CLrculatlon Element lists Immokalee Road (CR-$46) as a 4 l~e ·rteri~l rogi fronting the
project. The current traflqc count for this ~gment is 25,488 AADT and is operating ·t LOS "B". It
should be noted that the level of service on Immokalee Road is pro_i¢cted to fall below it's adopted
LOS "D" s~andard by the year 2.000. This includes the two lane segr~ent from 1-75 to CR-951. As i
result, road improvements will be needed to meet concurrency requirements. The Capital Projec~
Report lists the segment of CR-g46 from I-7.5 to CR-951 as · future 4 lane facility to be completed by
late 2,001. The increased capacity will improve the LOS to acceptable standards ·t that time.
However, there are no committed road improvements to 6 lane CR-$46 west of 1-75 within the nex~
five years. Therefore, this petition doesn't comply with Policies 1.3 and 5.1 of the TCE.
BrlSTORIC/ARQI:tAEQLOGICAL I'MPACT;
Staff's analysis indicates that the petitioner's property is located outsldc an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
Pursu~.nt to Section 2.2.25.g.1 of the Land Development Code is during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be immediately stopped
and the Collier County Code Enforcement Department contacted.
EVALUATION FOR ENVFRONMENTAL~ TRANSPORTATION AND INFRASTRUC'~;
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This includes a review by the Community Development
Environmental and Engineering staff, and the Transportation Services Division. These reviews help
shape the content of the PUD Document and cause development commitments to be formulated to
achieve GIvI~P and LDC requirements. Where the petitioner determined to challenge recommended
revisions these are identified for final resolution by the Collier County Planning Commission, and
County Board of Commissioners.
No issues were raised by reviewing staff members that were not resolved or otherwise provided for in
the PUD document. The EAB reviewed this petition relative to their jurisdictional concerns on
September 4, 1996 when the Pelican Strand boundary was expanded by 375 acres more or less. Those
recommendations remain a part of the proposed PUD development commitments section.
~NALYSIS:
Even though this petition if approved results in a density change, staff determined that no property
was being rezoned, but rather the change is in response to a prior PUD rezoning action where future
development areas were identified within the expanded PUD boundary but no additional units were
allocated in order to facilitate the petitioners development time flame. The current petition is an
attempt to now allocate additional dwelling units to the expanded area through this PUD to PUD
rezoning process even though the more literal application is that of an amendment to the currently
approved Development Order (Ord. No. 96-65).
AG£ Vi' .
MAY 2 7 1997
When we use a rezoning process to accomplish a PUD amendment we do so to achieve a level of
administrative convenience because it avoids the requirement to tract amendments and their
relationship to the original document in order to understand the totality of the regulations as they
apply to the PUD zoning district. For this reason, staff is of the opinion that the required findings for
standard and PUD rezones does not apply in recognition of the fact that when the property was
initi~ly rezoned the decision to approve the Pelican Strand PUD was based upon a preponderance of
evidence and conditions which supported the required findings for both standard and PUD rezoning
actions.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
R¢lalionship to_._~'~tur¢ and Existing Land Uses - A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use planning, refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth Management
Plan.
Ail of the property is located within the Urban Residential area of the Future Land Use Map to the
FLUE to the GIMP. Given the availability ora potable water system and wastewater collection system
and the urban influence impacting this area it is timely that this land now be developed consistent with
requirements of the FLUE to the GMP. The change in density resulting from a requested dwelling
unit authorization of 680 to 1200 dwelling units brings about a gross density of 2.2 dwelling units per
acre. Provisions of the density rating system authorizes a density of 4.93 dwi:lling units per acre or a
total of 2,686 dwelling units. The requested authorization is therefore substantially less than that
authorized by the density rating system provisions of the FLUE, and is therefore consistent with the
FLUE to the GMP.
The revision to the commercial development strategy has no effect on consistency with the FLUE.
The commercial area of this PUD is located xvithin a designated "activity center". The requested
increase in office space and decrease in tile size of the authorized hotel space would appear to off-set
one another in terms of traffic impacts. On tile other hand sanitary sewer and potable water usage
should be less as a result of this change.
Adjacent land use impacts are no different than those in existence under the currently approved
development order, except that where tile land area x~as identified as "future residential development"
the definitive numb;r of housing units that will apply to this and other residential areas of the PUD has
been added.
PUD Development Standards - Textual changes as represented by a reformatted text, and additions
thereto, are similar to other PUD's approved by the County Board of Commissioners. The content of
this PUD, and the format it is presented in is more similar to the model PUD document developed by
staff`and one which applicants have been encouraged to utilize. No residential development has been
initiated at this time. In particular no subdivision approvals have been granted for single family
development which is the only notable development regulation change. Therefore, no persons
expectations can be abridged by the change represented by the new PUD.
MAY 2 ? 1997
p~.
'0
In the opinion of staff no public interest is jeopardized or individual interest resulting fi.om a reliance
on the current regulations.
PUD Master Plan - Thc PUD Master Plan is unchanged between the current PUD and that proposed
by the replacement PUD document and master plan. The principal road extends all the way to the
north boundary line in a north/south alignment from Immokalee Road. Provision has been made for
interconnecfion and reserw, tion offight.-of-way for an east/west road that will connect with Livingston
Road.
Utility_ Infi'a~'tructure - Both public sanitary sewers and municipal water supplies are avafilable to the
property and will be extended as a consequence of future platting to each lot or tract as they are
platted. All development must comply with surface water management requirements invoked at the
time of' subdividing as the case will be for development oft}tis land.
The water management system to serve the project will consist of an interconnected lake ~stem.
Runofffi.om the developed areas will be conveyed to the lakes by sheetflow, catch basins, and culvert
systems. The lakes will then discharge through control structures into the Irmnokalee Road on. al.
Additionally, the project falls within the jurisdiction of the SFWMD, and is, therefore subje~ to all of
their permitting requirements.
Traffic Circulatign an6 Impact - Staff has identified the fact that the added density and intensity will
have a significant impact on Immokalee Road by virtue of the fact that the automobile trips generated
will exceed 5% of the LOS "C" design capacity while no highway improvements are planned in a
timely manner to correct this expected significant impact. This condition could be corrected by timing
the impact created by 520 additional dwelling units to a date commensurate with the widening of
Immokalee Road both east and west of 1-75 or by adjusting the planned improvement dates to an
earlier target date.
Required improvements to Immokalee Road will take on an even greater significance when planned
rezoning petitions are filed for additional lands whose development will access Immokalee Road,
which is shortly expected. In view of this condition, staff is of the opinion that an appropriate
development commitment be included in the PUD that would have the effect of phasing the
development of the additional 520 dwelling units to occur at a time when improvements to Immokalee
Road (i.e. 6 laning west ofi-75 and 4 laning east ofi-75) are committed and included in the County's
In any event it should be appreciated that all development at Pelican Strand is subject to actions which
may be taken as a result of application of' the County's Concurrency Management provisions.
,STAFF RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition PUD-96-11(1) having
the effect of repealing the current Pelican Strand OrdNance No. 96-65, and adopting a new Pelican
Strand PUD Document and Master Plan which provides for an increase in the number of
MAY 7 1997
housing units, changes the commercial development strategy and provides for a new PUD
Document and Master Plan with the condition that the following development commitment be added
,,..-,, to Section '7.'7 Transportation:
Except as otherwise provided for the application of the County's Concurrency
Management System, development of' dwelling units in excess of 680 dwelling
un~ts shall not be authorized for permitting unless improvements are committed
through the County's Capital Improvement Program for the wMening of
Immokalee Road to six lanes west of 1-75 to U.S. 41, and four lanes east ofi-75 to
CR-951.
CHIEF PLANNER
DATE
REVIEWED BY:
acP
CURRENT PLANNING MANAGER
DONALD W. ARNOLD, AICP
PLUG SERVICESfiD/_~PARTMENT DIRECTOR
TRATOR"VINC~NT A. CAUTERO, ADM
COMMUNITY DEV. AND ENVIRONMENTAL S\:CS.
DA"TE
Petition Number: PUD-96-] 1(1)
StaffReport for May 1, 1997 CCPC meeting
NOTE: This Petition has been advertised for the May 27, 1997 BCC meeting.
COLLIER COUNTY PLYING COMMISSION:
MICHAEL A. DAVIS, CHAiRMAN
PUD-96-11(1) STAFF REPORT/I:X:I
MAY ,?, 7 1997
PETITION NUMBER
DATE
'APPLICATION FOR PUBLIC HEARING
FOR
PI2%NNI]~G SERV'I C~
Name of Applicant(s) peli~ ~.r~n~- ~.*n. --
Applicant's Mailing Address ]0621 Airoort PUll~na Rd., Suite_ !
City Naples State Flort ~ Zip ~
Applicant's Telephone Number: Res.: Btls~: 592-7344
Is the applicant the owner of the subject property?
y Yes No
.... (a) If applicant is a land trust, so. indicate and name
beneficiaries below.
(b) If applicant is corporation other *_h~ a public
----- corporation, so indicate and name officers and major
stockholders below.
__X-- (c) If .applicant .is a partnership, limited partnership
or other business entity, so indicate an4 name
principals below.
(d) If applicant is an owner, indicate exactly as
----- recorded, and list all other owners, if any.
(e) If applicant is a lessee, attach copy of lease, and
----- indicate actual owners if not indicated on .the lease.
(f) If applicant is a contract purchaser, attach copy of
----- contract, and indicate actual owner(s) name and address
below.
Limited ~[tnershio, David Mnhl-y ~nd P~-~ wmrav 50/50
(If space is inadequate, attach on separate page.)
Firm _PMS~ Inc. of Naples...
2. Name of Agent _ Kar~n R~p -
Agents Mailing Address _2135 Tam~m{ Trm~ ~nrth, Suite '408
Telephone N~er: Res.: Bus.: 435-~080
~AY 2 7 1997
3. PUD ORDINANCE NAME AND NU~ER:_Peltcan Strand ~96-6~
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (If ~pace is inadequate, attach on separate page. If
request involves change to more than one zoning district, include
separate legal description for property involved in each district.
If property is odd-shaped, su~it five (5) copies of mulrvey (1' to
400' scale).
TH~ APPLICANT IS RESPONSIBLE FOR SUPPLYING T]tE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ~_RISE CONCERNING THE LEGAL DES~ION,
AN ENGII~-~ER'S CERTIFICATION SH~?.~. BE REQUIRED.
SECTION 1R ~ ]9 TOWNSHIp 48 South RANGE 26 East
See attached Legal Des~-ription
Address or location of subject property f-75 and Immokalee Road
(Northwest cnrn~r ~f T-75 Rnd TmmnWalm~R~ad%
Does property owner own contiguous prop. arty 'to the subject
property? If so, give complete legal description.of entire
contiguous property. (If space is i~adequate, attach on
separate page). No
TYPE OF AMIDST: :
~__A. PUD Document Language Amendment
x B. PUD Master Plan Amendment
. C. Development Order Language Amendment
DOES AMENDMENT COMPLY WITH ~HE COMPREHENSIVE PLAN:
__No If no, explain: x Yes
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE
LAST YEAR? IF SO, IN WHOSE NAME? Yes
PETITION $: PD1-96-2 DATE: 4/18/96
HAS ANY PORTION OF THE PUD BEEN No SOLD AND/OR. Yes
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED?
Yes. ____Z No. IF YES, DESCRIBE: (ATTACH
ADDITIONA/~ SHEETS IF NECESSARY).
We, w~l~n ~r~d, T.~. being first duly sworn,.
depose and say that we are the owners of the property described
herein and which is the subject matter of the proposed hearing;
that all the answers to the questions in thcs application, and all
sketches, data, and other supplementary matter attached to and
made a par~ of this application, are honest and true to the best
of our knowledge and belief. We understand this application must
be completed and acclLrate before a hearing can be advertised. We
fqrther permit the undersigned to act as our representative in any
m~tters regarding this Petition.
SIGNATURE OF AGEN~ /
Karen Bishop
/
State of Florida
County of Collier
_ The foregoing Applicatio~ was acknowledged before me this
IV day of ~, ~199~by , who
is~pe~sonally k~ow~ to me.~r who has produ~ .....
____ __ a~ identi=~cation and who did (did not)'
take an oath. ~/ ~--~ '
,/
My co~ission ~pires:
PUD\DO APPLICATION/md/4128
3
MAY fl 7 1997
OFFICI~ ZONING AT~ ~PS }~E~D 8619N ~
86195 BY CW~GING T~ ZONING C~5IFI~TION
OF T~ ~IN DESCRIBED ~ PROPERTY ~
~ PELI~ STUD, FOR PROPERTY ~TED AT .
' T~ NORT~ST CO~R OF 1-75 ~D I~O~EE
..... RO~ (C.R. 846),"~N SECTIONS 18 & 19 T~SHIP~. . ~
48 SOUTH, ~GE 26 ~T, COLLIER CO~TY, ~ ~ '~ {
LESS ; PROVIDING FOR T~ ~P~ OF ORDIN~CE~ .'- . II 4 ~
WHE~, Karen K. Bi,hop of Project Manageme~t'Ser~ic'e$, Inc.', of
Naples, representing Pelican Strand, Ltd., petitioned the Board of Cowry
Co~issioners to change the zoning classification of the herein de~cribed
real property;
NOW THE~FO~ BE IT ORDAI~D BY T~ ~D OF CO~TY C~ISSIO~RS OF
COLLIER COUNTY, FLORIDA;
SECTION Oh7~: .. ~
The Zoning Classification of the herein described real property
located in Sections 18 & 19, Tow~$hip 48 .~outh, Range 26 East, Collier
~.-l~..:. County, Florida, is changed from 'PUD" to "PUD" Planned Unit Development in
accordance with the PUD Document, attache~ hereto as Exhibit "A", which is
:~'-' incorporated herein and by reference made part hereof. The Official Zoning
~ Atlas Map nun%bered 8619N and 8619S, as described in Ordinance Nu-~.her
-~- 91-102, the Collier County Land Development Code, are hereby a.mended
~ accordingly.
SECTION TWO: . . .....
'"~':~'~--'~-- 'Ordinance Number .96-65, as amended, known as ~he' ~elican Strand I~UD,
adopted on October 22, 1996 by the Board of-County-Commi~i6fl~s-6f Collier
'. ,-":':'- '~ ....%'," - . '.. %::" .-'. :. ' -:- '~-.? - . ' .' .... -7 ..... ':--"- ;'-',..' ,~:"...---7--',~'?'."'.~:'-- '.-" :'
..'?-County, '.'is 'hereby repealed in"tts entirety.-~.r:.-.-~--~. ':-;..--;'r~:.~-~.~,.: . .
~:; .. --: - ;' - --.n'- · ~:'~-~-"~.,.~.~: :. ';. ---=. '~. ~ '-~_~,~--'-- · ~'- J~-'w'~~.- .... t .... V:~_~-~..-~':
~ :~.~--~.'-~.~-'~L:~'.. .~.I~'----~'-~ -'~{-.~:-- '(~;. -' ~'.~'..... ~'~-~--t.~.~"~'~-~i1~' ~--~ ~'
~-.=~_ .... ~ .~This Ordinance shall become effective upon filin( with )art. ment,
P;tSSED ~ND DULY ;~)OPTED by the Board of County Commissioners of
Collier County, Florida, this day of , 1997.
ATTEST: BOARD OF COUNTY CO~ISSIO~RS
DWIGHT E. BROCK, CLEP, K COLLI-'-.~ COUNTY, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
TIMOTHY L. HANCOCK, C~-iAIRI4AN
MA~JORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
f/pVD-96-11(1) ordinancm
PELICAN STRAND
A
PLANNED UNIT DEVELOPMENT
KEGULATIONS AND SUPPOKTING MASTEK PLAN
GOVEKNING PELICAN STKAND A PLANNED
UNIT DEVELOPMENT P~ANT TO PKOVISIONS OF
THE COLLIER. COUNTY LAND DEVELOPMENT CODE
PKEPAKED FOK:
PELICAN STKAND LTD.
10621 AIRPOKT -PULLING ROAD NORTH
SUITE 1
NAPLES, FLORIDA 34109
PREPARED BY:
PMS, INC. OF NAPLES
2335 TAMIAMI TRAIL NORTH
surIE 408
NAPLES, FLORIDA 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
NOTE:
SUBMIT AS A SEPARATE DOCUMENT. DO NOT COM~IIN]
WITH OTHER SUBMISSION DOCUMENTS
lilAY 2, 7 1997
LIST OF ~ITS
EXHIBIT A - PUD MA~TEP~ PLAN
A~ached
STATEMENT OF COMPLIANCE
development of 574.569 acres of property in Collier County as a Planned Unit Development to be known/
The
Pelican Strand will be in compliance with the goals, objectives, and policies of Collier County as ~et forth in
Growth Mzuaiement Plan. Pelican Strand is a mixed commercial residentiab'golf and associated r~n-,~tional use
project which will be consistent with the applicable elements of the Collier Growth Management Plan for the
following masons:
The property includes the entire northwest quadrant of the Immokalee Road interstate activity ccntcr,
which accommodates thc planned 30 acres of commercial land uses. The rem.lr~ing 169.3 acres of
project area within Section 19, Township 48 South, Range 26 East, lies within the 1-75/lmmokalee
Road density band, which makes these lands eligible for a 7 unit per acre density, or 1,185 units. Project
lands within Section 18, Township 48 South, Range 26 East, a.-e 375.269 acres in ar~ and am eligible
for the Urban Area Base Density of 4 dwelling units per acre, or 1,501 units. The 544.569 acres
of project area which lle outside the interstate activity center am eligible for 2,686 units, or 4.93
dwelling units per acre. This residential development density eligibility is substantially greater than the
planned 1200 units or 2.2 units per acre.
The 30 acres of project area which lie within the interstate activity center are planned for mixed
commercial, transient lodgings, and institutional uses, as is indicated to be appropriate by the Futura
Land Use Element
TraflSc ways, ut~ties, and other public facilities necessary to serve the Pelican Strand project ar~
adequate. Pelican Strand will participate in the expansion cf existing public facilities to the extent of
impact on those facilities via payment of impact fees.
The Pelican Strand project will be compatible with and complimentary to existing and planned land
uses in the vicinity.
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN STRAND PLANNED UNIT DEVELOPMEN'r
OKDINANCE".
~AY 2 7 1997
p,. 20
SECTION I
PROPERTY OWNERSHIP, L~GAL AND GENERAL DESCRIP'IION
1.1
1.2
PURPO~
.The purpose of this Section is to set forth the location and ownership of the prop~, andto
&scribe the existing conditions of the propewy proposed to be developed under the project name
of PELIC~ STRAND.
LEGAL DESC"RIYTION
A tract of land situated in Sections 18 and 19, Township 48 South, Range 26 East, Collier County,
Florida, said tract lying West of Interstate 75 and being more particularly described as follows:
Commencing at the southwest comer of Section 19, Township 48 Sou~ Range 26 East and beln~ em the
North right of way line of County Route 846 (100' wide), thence along Road R/W South $9~ 20'28"
East a distance of 1890.22 fL to a point, thence North 00° 21 '54" East a distance of 100.00 fl to a point
on the north edge of a canal easement and the TRUE POI2qT OF BEGIN'NI~G.
Thence; North 4'P 51 '05' East a
Thence; North 140 05'43" Ea~ a
Thence; North 090 23'06" East a
Thence; North 040 36' 19" East a
Thence; South 890 26'00" East a
Interstate 75 (Or Book 365 Page
Thence; North 00° 36'29" East a
line of Section 19
Thence; North 00° 36'21" East a
Thence; North 00° 36'21' East a
Thence with the north and west Lines of canal easemen~ (Deed Book 44 Page 78 and or Book 365
Page 414, Collier County); the following six (6) courses and distances;
South 890 20'28" East a distance of 750.00 feet to al:mint on the ¼ section line,;
Thence; South 890 21'04" East a ~ce of 267.46 feet to a point;
distance
distance
distance
410),
distance
of 268.82 feet to a point;
of 502.45 feet to a point;
of 439.38 feet to a point;
of 671.26 feet to a point;
of 109.07 feet to a point on the west fight of way line of
of 3443.60 feet along said right of way to a point on the north
Thence; North 00~ 36'21" East a distance of 2666.77 feet to a point on the north line of Section 18,
Thence; North 88° 31 '41' West a distance of 836.37 feet along said north section line to a point
marking the north ¼ comer of Section 18,
Thence continue; North 880 31 '4I" West a distance of 2627.43 feet ahmg said section linc to a point
marking the northwest comer of Section 18,
Thence; South 00° 34'00" West a distance of 2686.42 feet along the west line of section 18 to a point
marking the west ¼ comer of Section 18,
Thence continue; Soutk 00° 34'00" West, along said section line a distance of 2685.26 feet to a point
marking the southwest comer of Section 18, ~,¢~[~.A. srij;.~
.o. ~
IIAY 2 '7 1997
distance of 1475.86 feet to a point
distance of 1190.58 feet to a point on the east west '/, line of Section 18,
1.3
1.4
1.5
Thence; South 89o 09'52" East along the south line of Section I$ a distance of 1983.97 feet to a point
Thence; South 89~ 09'52" East a distance of 648.71 feet to a point on the north south ~ section line of
Section 18,
Thence; South 00021'54" West along said ¼ section line a distance of 1715.95 feet to a point,
Thence; North 8~ 20'04" West a distance of 750.00 feet to a point,
Thence; South 00° 21'54" West a distance of 3505.96 feet to the point of beginning and containing
574.569 acres more or less.
PROPERTY OVvqVERSHIP
Thc subject propert~ is owned by Pelican Strand, Ltd., Suite 1, 10621 Airport RA. North, Naples,
Florida 34109.
GENERAL DES~ON OF PROPERTY AREA
Ao
The project site is located in the northwest quadrant of the 1-75/Immokalee Road
interchange.
The zoning classification of the project prior to approval of this PUD document was "Planned
Unit Development".
The project lies w~th;n Water Management District No. 7 and within the Cocohatchee River
watershed. Dmln~ge ~om the property will discharge into the Immokalee Road Canal, thence
westerly in the Immokalee Road Can~ to the Cocohatchee River tidewater, which connects to
Gulf of Mexico via Wiggins Pass.
Water management for the project Will be of the construc~ lake and preserved natural wetland
retention type. Storm waters which exit the site will do so via a control structure, which will be
authorized as a part of water management permits issued by Collier County and the South
Florida Water Management District.
Topography within the project is relatively level, with surface elevations ranging from 12
feet to 14 feet above mean sea level. The entirety of the site lies within Flood Zone "X"
according to FIRM Map 12006700215D, dated June 3, 1986.
Fo
Soil types with;n the project include Hall~e fine sand (approximately 30%), Riviera
fine sand, limestone substratum (appro×imately 20%), Basinger fine sand (appro×imately
15%), Boca fine sand (appro×imately 15%), Boca, Riviera, limestone substratum and
Copeland fine sand depressional (approximately 12%), Holopaw fine sand, limestone
substratum (approximately 4%), Holopaw fine sand (approximately 3%), and Pineda fine
sand, limestone substratum (approximately 1%).
DEVELOPMENT OF REGIONAL I1VIPA~
The Pelican Strand project will be an expanded version of the previously approved
PUD/DKI. No change has occurred to the previously approved project area of 574.
1-2
MAY 2 ? 1997
P~. ~
1.6
previously approved 1 ~-hole golfcou-_sc is being lengthened so as to Be a 2?-hole golf coupe. The
previously approved 680 residential dwelling units are being increased to 1200 units. The original
PUDfDRI included 30 acres of mixed commercial development. No change is being made to the 30 acre
area boundary. Uses permitted in the 30 acre commercial area include 120,000 sq. fi. of ret:,;Uservice
commercial, 80,000 sq. ft. of office commercial, and 140 hotel/motel rooms.
Additional lands may be acquired and incorporated in the Pelican Strand project at a future date. Such an
expamion of the project will necessitate an amendment of this PUD document, of the PUD Master Plan,
and ff'appropriate, of the DRI development Order.
Any development thresholds exceeding those authorized under Ordinance Number 96-65 may not be
constructed prior to approval of an Amendment to the Pelican Strand DRI/Development Order 96-3,
Resolution 96-484 establishing density consistent within those of this PUD.
DENSITY
The total acreage of Pelican Strand is approximately 575~' acres. The maximum number of
dwelling units to be built on the total acreage is 1200. The number ofdwelllng units per gross
acre is approximately 2.09 units. The density on individual parcels of land throughout the project
may vary according to the type of housing placed on each parcel of land. Commercial uses
occupy approximately 30.0 acres with a maximum gross leasable floor area of 120,000 square
feet of retail/service commercial, 80,000 square feet of office commercial, and 140 hotel/motel
rooms. These described land uses are set forth on the PUD Master Plan, Exhibit 'A".
Bo
At all times, all of the property included within the PeLican Strand PUD shall be included in
determining project density including property reserved or dedicated for public uses, such as,
but not limited to, public roadways, easements, reserves and landscape buffers.
1-3
SECTION II
PRO,IECr DEVELOPI~ENT
2..1
2.3
PURPOSE
The purpose of this section is to 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
Development of Pelican Straud shall be in accordance with the content~ of this Planned Unit
Development d~ument and applicable sections of the Collier County Land Development Code
and Growth Management Plan in effect at the time of issuance of any development order, n~.Ja as
but not limited to Final Subdiviaion Plat, Final Site Development Plan, Excavation Pem~ and
Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in the County
Land Development Code shall apply.
Bo
· Unless otherwise noted, the definitions of all terms shall be the same as the definitions se~ forth
ha the Collier County Land Development Code in effect al the time of building pcnnii stylil
All conditions imposed and all graphic material incorporated in this PUD document shall become
part of the regulations which govern the manner in which the PUD site may be developed.
Do
Unless modified, waived or excepted by this PUD, thc provisions of the LDC, where
applicable, remain in full force and effect with respect to the development of the land which
comprises this PUD.
go
Development permitted by the approval of this petition will be subject to concurrency review
under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or
next to occur of either ~ SDP approval, final plat approval, or building permit L~uance
applicable to this development.
DESCRIFI'ION OF PROJECT PLAN AND PROPOSED LAND USES
The project ~ Pla~, including layout of ~a'eet~ md use of land fo~ the various trae~ is
ill~ted graphically by Exhibit "A", the PUD Ma~er Plau. The ~ttu'e and exte~ of land ~
within the I:rroject is indicated by the followir, g table:
2-1
MAY 2 ? 1997
MAXIMUM LAND USE INTENSITY SUMMARY
Residential
Golf Course/Buffers
Lakes
Preserves
Roads
Co _mrnercial
Torah
1200 158.5
N/A 203.3
N/A 73.7
N/A 82.8
N/A 26.3
N/A 30
1200 574.6 +/-
Ketail/S~'vice
Office
Hotel/Motel
30 ACRE (~QM3'iERCIAL AREA COM]~ONENTS
120,000
"' 80,000
140 Rooms
2.4
RELATED PROJECI' PLAN APPROVAL REQUII~MENTS
Ao
Prior to the recording of a Record Plat, and/or Condorn;n!urn Plat for all or part of thc PUD, final'
plans of all required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD Master Plan, the Collier County
Subdivision Code, and the platting laws of the State of Florida.
Bo
Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent
to or concurrent with PUD approval, a Prelim{nary Subdivision Plat, if applicable, ahall be
submitted for the entire area covered by the PUD Master Plan. Any division of property and the
development of the land shall be in compliance with Division 3.2 of the Collier County Land
Development Code, and the platting laws of the State of Florida.
2-2
AG~C~I D~, IT~J4 .~
NO. ~
MAY 2 7 1997
2.5
2.6
2.7
The provisions of'Division 3.3 of' the Collier County Land Development Code, when a~licable,
slull apply to the development of all platted tracts or parcels of land as provide in ~aid Division
prior to the issuance ora building permit or other development order.
The developer of any tract or parcel approved for residential development contempLating fee ~
simple ownership of land for each dwelling unit ~ be required to submit and receive approval
of a Preliminmy Subdivision Plat in conformance with requirements of Division 3.2 oft he
Collier County Land Development Code prior to the submittal of construction plans and a final
plat for any portion of the tract or parcel.
Utility, mad, public, private, etc. ~asem=nts shall be established as required during the SDP
and/or plat approval process.
Appropriate instruments will be provided at the time of infi.astructure improvements regarding
dedications and the method for providing perpe,'ual maintenance of common facilities.
MODEL HOMES/SALES OFFICES
Model home, sales centers and other uses and structures related to the 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 throughout Pelican Strand Community subject to the requirements of
Section 2.6.33.4, of the Collier County Land Development code.
AMENDMENTS TO PUD DO~NT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the CoLLier County Land
Development Code, Section 2.7.3.$.
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Most common area maintenance wi.Il bc provided by the Pelican Strand Master Property Owners'
Association, Inc. (PSMA). The PSMA is a legitimate alternative for the timely and sustained provision of
quality common area infrastructure and maintenance under the terms and conditions of a County
developments approval. For those areas not maintained by the PSMA, the Developer has created
property owners association or associations, whose functions shall include provision for the perpetual
maintenance of common facilities and open spaces. The PSMA or the property owners association, as
applicable, shall be responsible for the operation, maintenance, and management of the surface water and
stormwater management systems, and reserves serving Pelican Strand Community, in accordance with the
provisions of Collier County Ordinance 96-65 and Resolution 90-292, together with any applicable
permits fi.om the Florida Department of Environmental Regulation, U.S. Army Corps of Engineers, and
South Florida Water Mmtmgement District.
2-3
MAY 2 ? 1997
2.8
2.9
LANDSCAPE BUFFE~, BERM, FENCES AND WALLS
Landscape buffers, berm.s, fences, and wails are generally permitted as a principal use throughout
the Pelican Strand Community. The following standards shall apply:
Ao
Landscape berms shall have the following maximum side slopes:
2.
3.
4.
Grassed berms 4:1
Ground covered berms 3:1
Rip-Rap berms 1:1
Structural walled berms - vertical
Bo
Fenced or wall maximum height: six feet (6), as measured from the finished grade of the ground
at the base of the fence or wall. For the purpose of this provision, finished grade shall be
considered to be no greater than eighteen inches (I 8") above the highest crown elevation of the
nearest existing road unless the fence or wall is constructed on a perimeter Ianclscal~ berm. In
these cases the wail shall not exceed six feet (6') in height from the top of berm elevation for
berm elevation with an average side slope of 4:l or less, and shall not exceed four feet (4') in
height from the top of berm elevation for berms with an average side slope of greater than 4:1
(i.e. 3:1).
Co
Do
Landscape buffers, ben:ns, fences and walls may be constructed along the perimeter of the
Pelican Strand Community PUD boundary prior to prellrnln,,-y subdivision plat and sit~
development plan submittal. Ail such areas must be included in a landscape easement on ~
plats, or in a separate recorded instrument.
Pedestrian sidewalics and/or bike pathz, water management systems and drainage m,y be allowed
in landscape buffers subject to review and approval by the Pelican Strand Design Review
Cornrn~ittee.
DESIGN GUIDELINES AND STANDARDS
The ColLier County Planned Unit Development District is intended to encourage ingenuity, innovation
and imagir~tion in the planning, design and development or redevelopment of relatively large tracts of
land under unified ownership or control, as set forth in the Collier County Land Development Code,
Article 2, Division 2.2, Section 2.2.20. I.
The Pelican Strand Community is planned as a private, large scale, functionally interrelated community
under unified control, to be developed over an extended time period. Pelican Strand, Ltd. has
estabLished community-wide design guidelines and standards to ensure a high and consistent level of
quality for comrnu~ty features and facilities, which include features and facilities such as landscaping,
hardscape, waterscapes, signage, Lighting, pedestrian systems, bicycle paths, pavement treatments,
roadway medians, fences, walls, buffers, berms and other similar facilities.
Pelican Strand, Ltd. will establish supplemental design guidelines and standards tc
objectives by means of recorded covenants, conditions, and restrictions to Pelican
Review Committee for review and approval.
2-4
MAY 2 7 1997
2.10
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Pelican Strand Community PU'Dt
except in the Preserve District. C.~nerd permitted uses are those uses which generally serve the
Developer and residents of Pelican Strand Community and are typically part of the common ~
A. General Permitted Uses:
F.~sential services as set forth under the Collier County Land Development Code, Section
2.6.9.1.
2. Water management facilities and related s~ctwes.
3. Temporary sewage t~atment facilities.
Lakes including lakes with bulkheads or other arcM.ectural or structm~ bank tr~tmeats.
Cruardhouses, gatehouses, and access control structures.
Community and neighborhood parks, recreational facilities, community centre.
Temporary construction, sales, and administrative offices for the Developer ~nd the
Developer's authorized con~'actors and consultant, including necessar7 access ways,
parking areas and relsted'uses.
Landscape features including, but not limited to, landscape buffers, berms, fences and
wa~ls subject to the stand, ds set forth in Section 2.8 ofth/s PUD.
Any other use which is comparable in nature with the foregoing uses and which the
Development Services D/rector determines to be compatible.
Development Standards:
Un]ess otherwise set forth in this document, the following development standards shall apply to
structures:
Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for
guard houses, gatehouses, and access control structures which shall have no required
setback.
2. Setback from property lines - one half (1/2) the height of the structure.
Mir, imum distance between structures which are part of an architec
grouping - five feet (5').
2-5
MAY ,~ 7 1997
PS, ~
~- mm m
2.11
2.12
4. 1VF)n|mum distance between unrelated structures - ten feet (10').
5. l~n;rnum height ofstmctrucs - twenty-five feet (25').
Minimum floor ar~a - none reqttir~.
1VfinirnlllI1 lot or par~l area - none ~
$. Sidewalks, bik~paths, and cartpa~ may occur within County requir~ buffers; however
the width of the requir~ bttffcr shall be increased proportiona~ly to the width of the
paved surface of thc sidewalk, bikcpath, or cartpath.
9. Standards for parking, landscaping, signs and other land uses where such standards are
not spcci.flcd herein, m-e to be in accordance with the Collier County Land Development
Code in effect at the time of Site Development Plan Approval.
OPEN SPACES REQUIREMENTS
The PUD Master Plan identifies approximately 574.6 acres included in the Golf Cours~on ant
Open Space District, Reserve District, lakes, and miscellaneous open space/buffer designations. These
areas, in conjunction with thc open space areas included within the Residential District, fully satisfy the
open space requirements of Section 2.6.27 and Section 2.6.32 of thc Collier County Land Developmcnl
Code.
NATIVE VEGETATION RETENTION REQUIRE1VIENTS
Pursuant to Section ?. 10.A of this PUD, 25% of the viable naturally functioning native vegetation
on sit~ sh~ll be preserved.
2-6
3.1
3.2
3.3
3.4
SECTION HI
RESIDENTIAL DEVELOPMENT AREAS
PURPOSE
The puztx~se oftt~ Scion is to establixh land use regulalion, and development rmndard.s for
the residential development tra~ indicated as Tracts 1 through 15 on Exhibit "A"., the PUD ~
Plan.
~ DWEI~I~G UNITS
The maximum number of dwelling units permitted ia the fifteen residential development tracts is
1200. Distribution of the dwelling units among the various residential development tracts
shall be governed by the rules and regulations set forth in this Section.
GENERAL DESCRIPTION
Areas designated "R" on the Master Plan are designed to accommodate a full range of residential
dwelling types, compatible nonresidential uses, a ~ range of recreational facilities, essential services,
~nd customary accessory uses.
The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based
on conceptual designs and is approximate. Actual acreages of all development tracts will be provided ~t
the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with
Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code.
Regidenfial tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas,
lakes and water management facilities, and other similar uses found in residential areas.
USES PERMITTED
A. l~r[ncipal Usea
1. Single-family detached dwelling units.
2. Single-family patio and zero lot line dwellings.
3. Two-family and duplex dweLLings.
4. Single-family attached and townhouse dwellings.
5. Multiple-family dwellings including Garden Apartments.
Any other principal use which is comparable in nature with the foregoing uses and which the
Development Services Director determines to be compatible in the "R" I ii~u-ic~.C,,~DS~4_T~i~ ~ .~,.
MA? 2 7 1997
3-1
3.4
1. Customary accessory uses and stmcttmes, including attached or detached garages.
2. C-u:~ houses, pursuant to section 2.~. 14 of the LDC.
3. Common area recreational and utilitarian facilities.
Any other accessory use which is comparable in nature with the foregbing uses and which the
Development Services Director determines to be compatible in the "R District.
DEVELOPMENT STANDARDS
A. Table 1 sets forth the development standards for land uses within the "R" Residential District.
Co
Site development standards for categories 1 -4 uses apply to individual residential lot boundaries.
Category 5 standards apply to platted parcel boundaries.
Standards for parking, landscaping, signs and other land uses where such standards are not
specified herein or within the Pelican Strand Community design guidelines and standards, are to be
in accordance with Collier County Land Development Code in effect at the time of Site
Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
Development standards for uses not specifically set forth in Table 1 ~h.ll be established during the.
Site Development Plan Approval as set forth in Division 3.3 of the Land Development
Code in accordance with those standards of the zonlng district which is most similar to the
proposed use.
In the case of residential structures with a common architectural theme,, the required
development regulations may be reduced provided a site plan is approved pursuant to Division
3.3 of the Land Development Code.
Off street parking required for multi-family uses shall be accessed by parking aisles or driveways ':
which are separate from any roads which serve more than one development. A green space area of
not less than ten feet (10') in width as measured from pavement edge to pavement edge shall
separate any parking aisle or driveway from any abutting road.
Single-family patio and zero lot l/ne dwellings are identified separately from single-family
detached dwellings with conventional side yard requirements to distinguish these typ~ of residences
for the purpose of applying the development standards under Table I. Patio and zero lot 1/ne
dwellings shall be defined as any type of detached single family structure employing a zero or
reduced side yard as set forth herein.
Housing structure types including lot orienUtion for single-family detachec
zero lot line versus non-zero lot line orientations may not be mixed.
3-2
NAY 2 '7 1997
TABLE 1
PELICAN STRAND COMMI/N1TY
DEVELOPM~rT STANDARDS FOR
"R" RESIDERTLtL AREAS
SINGL~ PATIO & TWO SINGLE FAN[ILY MULTI-
pERlVfTFTED USES FA.M'rI.Y ~RO LOT F~Y · A~A~D ~ F~Y
~ ST~~S DETA~D ~ D~I.~X TO~OUSE D~.T.T.~GS
Cat~o~ 1 2 3 4 5
~nlmum ~t ~ea 6,000 SF 5,000 SF 3,500 SF q 3,000 SF 1 AC
~inim.m ~t Width ' 60 50 35 30 150
Front Yard 25 ~ 20 '~ 20 ~ 20 '~ 25
Frout Yard for ~0 10 10 10 15
Side En~ Garage
- Side Yard 5 0 or 5 ~ 'a 0 or 7.5' 0 or .5 BH '= 0.5 BH
Rear Yard P~cipal 20 10 20 20 BH
Rear Yard Acc~so~ 10 8 * 10 10 15
Rear Yard '~ 10 5 10 10 .5 BH
~~ Bufld~g Height ~ 35 35 35 35 35
D~nce Be~een 10 10 0 or 15 .5 SBH 3 SBH
P~cipal S~c~
~oor ~ ~. (S.F.) 1200 SF 1200 SF 1200 SF 1200 SF 1~0 SF
SECTION IV
GOLF COURSE, OPEN SPACE DISTRICT
4.1 PURPOSE
The purpose of this Section is to ~ forth the uses permitted and development ~udards for the Golf
Course Open Space Tracts indicated on the PUD Master Plan, Exhibit "A". The primary function
and purpose of these Tracts will be to provide nesthetically pleasing open areas, golf course and
recreational facilities. Except in areas authorized for development, ail good quality native trees and
shrubs shall be protected and preserved wherever practicable.
4.2 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
i. GoLf courses and golf club facilities, including temporary golf clubhouses.
2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs.
3. Project information and sales centers.
Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds, water and
wastewater treatment plants, utility pumping facilities and pump buildings, utility
and maintenance staff offices.
5. Public admin/strative facilities.
Open space uses and structures such as, bm not limited to, boardwalks, nature trails,
bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic
areas, fitness trails and shelters.
Any other principal use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible in the
"GCO" District.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the principal uses
permit~ ed in this district
Pro-shops, practice areas and ranges, golf cart barns, rest rooms,
sh~[Iters, snack
bars and golf course mmintenance yards. [ MAY 2 7 1997
I
4.3
P,.¢tail establishments accessory to the permitted uses of the district such as, bu~ not
limited to, go[f, tennis, and recreational rehlted sales.
R. estaurant~, cocktail lounges, and slmil~r uses intended to serve club members and
club ~ests.
Shuffleboard courts, teams courts, swimming pools, and all other types of
accessory facilities intended for outdoor recreation.
5. Telecommunications facilities.
Any other accessory use which is comparable in nature with the foregoing uses and
which the Development Services D[rector dete _rmlnes to be compatible in the
"GCO" District.
DEVELOPMENT P,.EGULATIONS
Principal structures shall be setback a minimum of twenty feet (20') fi.om "C-CO"
District boundaries and private roads, and fifty feet (50') from all PUD boundaries
and residential tracts.
Bo
Accessory structures shall be setback a rn~nlmurn often feet (10') from "GCO"
District boundaries and private roads, and twenty feet (20') from all PUD
boundaries and residential tracts.
Li~ting facilities shall be arranged in a m~nner which will protect roadways and
residential properties form direct glare or unreasonable interference.
Do
Maximum height of structures
1. Principal Structure = 3 Stories
2. Accessory Sizucturcs = 2 Stories
Minimum distance between principal or accessory structures which are a part of an
architecturally unified Ip'ouping - Ten feet (10').
Minimum distance between all other principal structures - Twenty feet (20').
Minimum distance between all other accessory structures - Ten feet (10').
Minimum floor area - None required.
Minimum lot or par, el area -None required.
MAY 2 7 1997
Parking for the community center/clubhouse ~ be one ~mce per every two
hundred (:200) ~uare fe~-'t of gror~ floor area, v/nich ~ be considered includve of
tbe requL,~ golfcoun~ par1~n$.
Stretch for paz~ng, l~dscaping, sig~ ~d othc~ la~d ~ where nr..h ~aodards
Development Code in ¢ffe~'t at the time of S~ Develcrpmcnt Plan approval Unlc~a
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
4-3
MAY 2 ? 1997
SECTION V
PRESERVE DISTRICT
5.1
5.2
5.3
5.4
PURPOSE
The purpose of this Section is to preserve and pro~ect the natural wetland vegetation and functional
habitat incorporated in the Preserve Tracts.
GENERAL DESCR~TION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the Preserve
district/s to retain viable nay. rally functioning wetland upland systen~, to allow for restoration
and enhancement of knpacted or degraded wetland systems, and to provide an open space amc~ for
the enjoyment of Pelican Strand Communky residents.
USES PERMITrED
No building or stru~ or part thereof, shall be erected altered or used, or land used, in whole or in
part, for other than the following, subject to regional State and Federal perm.its when required;
Principal Uses
1. Open Spaces/Nam Preserves.
Small docks, piers, or other such facilities constructed for purposes of lake
recreation for residents of the project, subject to appropriate approvah by
permitting agencies.
Pathways and or bridges, subject to appropriate approvals by permitting
agencies.
4. Drainage, water management, and utilitarian facilities, subject to all needed permits.
DEVELOPiVIENT STANDARDS
Setback requirement for all structures shall be in accordance with Section 3.2.8.4.7 (3) of the
ColLier County Land Development Code. Pear yard~ for principal and accessory ~s on
lots and tracts which abut a golf course, lake, non jurisdictional open space or native vegetation
preservation areas may be zero feet (0') except that an architectm"al b~nk treatment shall be
incorporated into the design.
Bo
Lighting facilities shall be arranged in a manner which will protect roadways and residential
properties fi.om d/feet glare or unrea.~onable interference.
5-1
MAY 7 1997
PRESERVE DISTRICT CONSERVATION EASFAVIENT
A non-exclusive consc'rvstion cas~-ment or tract h ~..quir~ by Collier County Land Developm~ Co6e
Section 3~.$.4.?.3 for lan~ included in the Prr.serv¢ District. In ~ddition to Colli=r County,
~ con~rvstion easement m~¥ al~o be required by oth~ r~istory all,mcics withjwi.~c~on over
Pr~erve District land~. In addition to complying with provisions of the Collie= County ~
D~v¢lopmcnt Cod=, said easement shall be provided in sccord~c~ with the t~nu s~t forth i~ =ri,
applicable permit ~;rantcd by said a~cncics, and ~ set forth in Section $.13 hcrcof- The develol~,
its successor(s) or tssisns, the Pelican Smmd ~ Property Owners' Associati.on, Inc., shall be rcspo~'b
for control and maintenance o£1ands within the Preserve District.
5-2
No.
MAY 2 ? 1997 '
SECI/ON VI
ACTIVITY CENTER DISTRICT
6.1
6.2
6.3
PURPOSE
The purpose of this Section is to identify the commercial uses and development standards applicable to
the tracts designated on Exhibit "A" as Commercial.
DEVELOPNIENT EMPHASIS
The two commercial tracts constitute 30 acres of commercial development area. They are located in the
northwest quadrant of the 1-7$/Immokalee Road interchange, which is an interchange Activity Center.
Commercial development is intended to be mixed, including services for highway travelers; local
market shopping; financial institutions, offices, transient lodging faci~ties, and associated uses. The
entirety of the two commercial tracts is to be developed under a common architectural landscape
architectural theme, so as to serve the joint objectives of attractiveness to patrons, and an attractive entry
feature for the Pelican Strand residential/golfing community.
USES PERM/TrED
The following uses, as identified with a number from the Standard Industrial Class~cation Manual
(1997), or as otherwise provided for within this section, are permitted as of Hght, or as uses accessoryd~
permitted uses.
Unless otherwise provided for in this Section, all permitted uses of the C-2 Comm~l'Ciai
Convenience District.
2. Apparel and Accessory Stores (groups 5611-5699).
3. Auto and Home Supply Stores (5531).
Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384,7389 except auctioneering .
service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged
merchandise, scrap steel cutting and slitting).
Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages
for on-premise consumption are subject to locafional requirements of Sec. 2.6.10).
Drinking Places (5513 excluding bottle clubs). All establishments engaged in the retail sale of
alcoholic beverages for on premise consumption are subject to the locational requirements of
Sec. 2.6.10).
Food Store.~ (groups 5411-5499).
General Merchandise Stores (groups 5311-5399)
6-1
9. Oroup Housiag, cxcludiag Family C~'~ Fac~lities, subject to S~. 2.6.26.
10. Home F~¢, F~s~g, ~d ~pmcnt S~s ~o~s 5712-573~.
11. Hot,~otc~ (7011).
12. Lib~cs (8231).
13. Mcm~m~p ~g~fio~ (8611-8699).
14. ~cc~co~ ~ Sc~ccs ~ups 7629-7631).
15. ~sccl~co~ R~I ~o~s 5912-5963 cx~t pa~ops ~d ~ ~s d~g~ ~~
m~sc, 59~-5999).
16. Motion Pi~ ~catc~, cxc~t 6qvc-~ (7832).
17. M~c~ ~d ~ ~cHes (8412).
18. Non~sito~ C~t ~o~ ~o~s 6111-6163).
19. P~; Gl~s, ~d W~paper Sto~s (5231).
20. 'Pe~o~ Sc~s ~oups 7211, 7212, 7215, ~d~ ~ cl~ning o~y,
7221-7251,7291).
21. ~bUc AHmlni~on (~o~s 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661).
22. Rc~ N~scfies, La~ ~d ~dcn S~ply Sto~s (5261).
23. Ve~ Sc~ccs (~o~s 0742, 0752, cxclu~g o~i~ kcnuc~g).
24. VideoTape Rcn~ (7841).
25. U~tcd Sates Po~ Sc~ice (4311 except major ~b~on ccmc~).
26. ~y o~cr gcnc~l comm~ci~ ~e w~ch ~ comp~blc ~ ~ ~ ~c lo,gong ~cs.
6.4
PERMYYTED ACCESSORY USES IFI STRUCTURES
A. Accessory uses and structures customarily associated with the uses permittexl ia this Distri~
B. Essential scrv'iccs and facLliti¢:.
6-2
~AY ~ 7 1997
6.5 DEVELOPMENT STANDARDS
Principal structu~s shall be setback a minimum of twenty fe~t (20') from "GCO" stat PUD
boundaries, private and public wads.
B. Accessory structures shall setback a minimum often feet (10') from "GCO' boundaries and
private roads, and twenty (20') fiom all PUD boundaries and residential tracts.
C. Lighting facilities shall be arranged in ,, manner which will protect roadways and residential
properties from direct glare or unreasonable interference
D. Maximum height of structures
1. Retail~Service - 2 stories
2. OfficeUnstitutional - 4 stories
3. HotelX.Motel - 7 stories
Minimum distance between principal or accessory structures which are a part of an
architecturally unified grouping- Ten feet (I 0').
Minimum distance between all other principal structures - none, or a minimum of I0 feet (10')
with unobstructed passage fi.om front to rear yard.
G. Minimum distance between all other accessory structures - Ten feet (10').
H. Minimum floor area - None required.
I. Minimum lot or parcel area - None required.
Standards for parking, landscaping, signs and other land uses where such standaxds axe not
specified herein are to be in accordance with the Collier Count3' Land Development Code in effect
at the time of Site Development Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
All buildings, landscaping and visible infrastructures shall be architecturally and
aesthetically unified. Said unified architectural theme shall include a similar architectural
design, use of materials and colors thxoughout all of the buildings to be erected on 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.
6-3
AGe,ID I
MAY g ?
7.1
7.2
7.3
SECTION VII
GENERAL DEVELOPMENT coUNTS
PURPOSE
The purpose of this Section is to set forth the developmcnt commitments for thc development of the
pmje~
GE~,L
Ail £acilitics 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
PUD. Except where specifically noted or stated otherwise, the standards and specifications of the
Land Development Code, Division 3.2 shall apply to this project even if thc land within thc PUD is
not to bc platted. Thc developer, h~s successor and assigns, shall be responsible for the
commitments outlined in this document.
The developer, his successor or assignee, shall agree to 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 re-zoning
of the property. In addition, the developer will agree to convey to any successor or assignee in tide,
any commitments v~thln this agreement.
PUD lVIASTER PLAN
Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual
in nature. Proposed tract, lot or land use boundaries or special 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
Land Development Code, PUD amendments may be made from time to time.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service ut/lilies and all common areas in the
project.
The following shall be considered minor changes and refinements, subject to the
limitations of PUD Section 7.3A:
Reconfiguration of Peserve areas, jurisdictional wetland limits, and mitigation
features as a result of regulatory agency review.
Reconfiguration of lakes, ponds, canals, or other water management facilities where
such changes are consistent with the criteria of the South Florida Water
Management District and Collier County, and where there is no further
encroachment into Reserve areas. ^c~:~:Jj, ~'~-~
7 1997
7-1 ~,~.
7.4
Reconfiguration of golf course envelopes and design features.
Internal realil~ment of rights-of-way other than · relocation of'access poinU to the
PUD.
Reconfiguration of residential parcels when there is no encroachment into Preserve
SCHEDULE OF DEVELOPM~NT/lVIOHYFORING REPORT AND SUNSET
PROVISION
A. Initiation of construction on the Pelican Strand project occured in calendar year 1996, with
completion of the golf course and project ~ anticipated to occu~ in calendar year 1997.
Marketing of commercial and residential sites and golf course memberships is planned to
begin in calendar year 1995, and is expected to be concluded in calendar year 2003.
B. Monitoring Report: An annual monitoring report shall be submined pursuant w Section 2.7.3.6 of
the Collier County Land Development Code.
POLLING PLACES
Pursuant to Section 2.5.30 at the Land Development Code, provision shall be made for the future use of
space within a common build~ng tbr the purpose of accommodating the function of an electoral pollins;
place. ·
An a~reemcnt shall be recorded in the official recorch 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 llmlted to, condominium associations, homeowner associations, or
community recreation/public, buildings/public rooms or similar common facilities to be used for a polling
place if determined to be necessary by the Supervisor of Elections.
7.6
SUBDMSION REQU]JLEMENTS AND STANDARD DESIGN SUBSTITUTIONS
A perimeter berm along 1-75 may be steeper than provided for by Section 2.4.4.14 of the
LDC, provided that the Development Services Director determines that detailed development/
landscape plans for the berm demonstrate feasibility, maintainability, and attractiveness.
Trees and shrubs shall be planted along the base of the 1-75 side ofthe berm, so as to
visually soften the appearance of the steep sided berm.
Ground cover on the 1-75 side of the berm shall form a dense attractive mat, and shall not
require mowing.
Trees shall be a mlnlmtllIl of 75% native species.
Sba'ribs shall be a minimtllI1 of 35% native species.
7-2
MAY 2 7 1997
,..
Sidewalk.s/bike paths shall conform with Subse~ion 3.2.8.3.17 of the LDC except ss follows:
1. Pelican Strand Boul~ard shall be considered a minor coll~',tor street and shall be
required to have a sidewalk or bikepath on each side of the street.
2. All other through stre~ shall be considered local stm~ and shall be r~qui.wd to
have a sidewalk or blkepath on one side of the str~q.
3. All cul-de-sacs serving mor~ than twenty-five (25) single family lots shall be re~r~ to
have a sidewalk or bikepath on one side oft.he stre~
4. All cul-de-sacs serving twenty-five (25) or less single family lots shall not be re. quir~ to
have a sidewalk or bikepath provided the following conditions ar~ satisfied:
a. The fight-of-way section shall include two twelve foot (12') wide travel
lanes, and
b. the gross density of the cul-de-sac shall be less than two (2) units ~ acm.
Co
Private streets shah conform with the right-of-way width r~quirements of Subsection
3.2.8.4.16.5 of the LDC except as follows:
Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to
have a minimum forty foot (40') fight-of-way width and two ten foot (10') wide tr,vel
lanes, subject further to the conditions of Section ?.6.B.4 ofthi~ PUD.
All other cul-de-sacs am requi~d to have a minimum of forty foot (40') right-of-way width
and two ten foot (10') wide travel lanes.
All other local strccts arc required to have a minimum forty feet (40') right-of-way and two
ten foot (10') wide travel lanes.
Cul-de-sacs may not exceed a length of fifteen hundred feet (1500').
Tangents between reverse curves shall not be required trader Subsection 3.2.g.4.16.10.
Street grades may exceed four perc~mt (4%) under Subsection 3.2.8.4.16.14 provided that
applicable Florida Department of Transportation, Manual of Uniform ~nlmum Standards
(FDOT MUMS) and A,ASHTO criteria are met.
TRANSPORTATION
The development of this PUD Master Plan shall be subject to mad governed by the
conditions:
A. A security gate may be installed between the access to the commercial are~
general public, and the resid~ntisl/golf club ~ Streets which do not serve the general public
may be private.
The reserved Hght-of-way along the north boundary of the project is to accommodate the south~
half right-of-way for the east-west arterial road indicated on Map TR.-'/, the l=utu~ Traffic Ways
Map, Year 2015, an increment of the ColLier County Growth Management Plsn_ Prior to
construction of a road within this right-of-way, the Pelican Strand development sponsor, or his
assigns, may ~ the right-of-way on an intcn-[m basis for berm, buffer, golf course rough,
access corridor for maintenanc~ ~uipm~nt, etc. Upon notification by the County that road
cons'auction is imminent, the right-of-way sh~ be dedicated to the Count, ~nd interim utilL~tlon
of thc right-of-way by the PeLican Strand developer or his assigns shall be t~rmin~ted. S~id
dedication procedures shall follow the provisions of Section 2.2.20.3.'/of the LDC.
7.8
7.9
Co
Work within Collier County right-of-way shall meet the requirements of Collier County
Right-Of-Way Ordinance No. 93-64.
WATER MANAGE/V~NT
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
A. A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required
prior to final construction plan approval.
B. An Excavation Permit will be required for the proposed lakes in accordance with Division
3.5 of the LDC and SFWMD rules.
UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste
di. spcsal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells.
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. 88-76, as amended, and other applicable County rules and regulations.
Co
All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of*he County and will be billed by the County in accordance with
the County's established rates.
Do
Golf course rest stations and maintenance buildings may be permitted tc
holding tanks for waste disposal subject to permitting under F.A.C. 10E
water and irrigation wells.
7-4
u_~e SEttle tank~ ~r
t~l¥ 2 ? 1997[
,,,. ,!
7.10
Fo
Ho
The on-site water distribution system serving thc project must be connected to the District's water
m~n end m~'t be consL~tent with thc main sizing req~cments specified in the Count, s Water
lVlzster Plkn and extended throughout the project. During design of'these facilities, the following
features shall be incorporated into the distribution system:
Dead-end mains shall include dead-end flushing hydrants.
Stubs for future system interconnect, ion with adj~'.~-nt properties sh~ be provided to the
property lines ofthe project at locations to be mutu~y agreed to by the County and thc
Developer during the design phase of the project.
Thc project's Developer(s), his assigns or successors, shall negotiate an Agreement with the
District for the use of treated sewage effluent within the project limits, for irrigation purposes.
The Developer would be responsible for providing ~1 on-site piping and pumping facilities from
the County's point of delivery to the project the developer shall negotiate with the County to
pro,de full or partial on-site storage facilities, as required by the DEP, consistent with the volume
of treated wastewater to be utilized.
Irrigation water ~ be provided with a separate distribution system supplied by on-site wells,
reclaimed water or another non-potable and water source.
The utility construction documents for the project's sewerage system ~ be prepared so that all
sewage flowing to the County's master pump station is transmh~d by one (1) main on-sit~ pump
station. Due to the design and configuzafion of the n~u~er pump station, flow by gravity into the
s~ation will not be possible. The Developers Engineer shall meet ~ the County ~*.ff'prior to
commencing preparation of construction drawings, ~o that all sspects of the sewerage system
design can be coordinated with the County's Sewer Master Plan.
The existing off-site water facilities of the District must be evaluated for hydraulic capacity to
serve this project and reinforced as required, if necessary, consistent with the Count)ts Water
Master Plan to insure that the Dis~ct's water system can hydraulically provide a sufficient
quantity of water to meet the anticipated demands of the project and the District's existing
committed capacity.
The existing off-site sewage transmission facilities of the District must be evaluated for the
hydraulic capacity to serve thi~ project and improved as required outside the project's boundary to
provide adequate capacity to transport the additional wastewate, r generated without adverse impact
to the existing transmission facilities.
The and development of this t'[FD Master F'.an shall be subject to and governed by the folio','"_:[
conditiom:
mo
Envkonm,:ntal permitting shall be in accordance with the State of Florida ~f
Permit Rules and be subject to review and approval by Current Planning E~
Staff. Removal of exotic vegetation shall not be the sole mitigation for ina
jurisdictional wetlands.
7-5
,acts to CollL'r.C~mty
C...-..--
Bo
C°
Do
All conservation areas shall be recorded on the plat with protective covenmts per or similar to
Section 704.06 of the Florida Statutes. Conservation areas sh~ll be dedicated on the plat to the
project's homeowners association or like entity for ownership and maintenance responsibilities,
and to Collier County with no responsibility for maintenance.
Buffers around preserved juxisdictional wetlands shall be i~ accordance with the State of Florida
Environmental Resoarce Permit Rules. Preserved juxisdictionnl wetlands and surrounding buffers
shall be incorporated in Conservation Areas which shall be platted per Paragraph C above.
An exotic vegetation removal, moEtoring, and maintenmce (exotic-free) ~lan for the site, with
emphasis on the conservation/preservations areas, shall be submitted to Current Plam:~g
Environmental Review Staff for review and approval prior to final site plax~'consmlcfion plan
approval.
Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh
Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species.
7.11 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the constm~on of the
principal structure except that temporary sales buildings, trailers, marketing facilities, contractnrs'
storage and office facilities and the like, may be erected and utilized during the period of project
development and marketing. Such temporary buildings shall be removed upon completion of the
marketing or construction activity which they are accessory to.
7.12 SIGNS
7.13
All signs shall comply with Division 2.5 of the Land Development Code in effect ~t the time of
building permit application.
LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the
Land Development Code 'in effect at the time of building permit application.
7.14 PROVTSION FOR OFF-SITE REMOVAL OF EARTI:~N MATERIAL
The excavation of earthen material and its s~ockpiling in preparation of water management facilities or
to otherwise develop water bodies is hereby permitted. Ifa~x consideration of fill activities on those
buildable portions of the project site are such that there is a smplus of earthen material, then its off-site
disposal is also hereby permitted subject to the following conditions:
ALl other provisions of said Division 3.5 are applicable.
7-6
Excavation activities shall comply with the definition of a "development excavation" pursuant to
Division 3.5 of the Laml Development Code whereby off-site removal s~all be limited tn
to a maximum of 20,000 cubic yards. SG£~D~ Jl~£~
no.
lily 2 7 1997
Z
..J
0
3~?u. gnol~lOY - 4'
· aw 339v),1o~i
J~
No.
gAY 27
EXECUTIVE SUMMARY
AN ORDINANCE ADO~G THE COLLIER COUNTY STREETSCAPE MASTER PLAN SO
THAT SAID STREETSCAPE MASTER PLAN MAY BE INCORPOKATED BY REFERENCE
INTO THE COLLIER COUNTY LAND DEVELOP~ CODE.
The object of this executive ~ununazy is to adopt the Collier County Streetscape lVL~ster Plan into the
Collier County Land Development Code and into the Comprehensive Plan.
CONSIDERATIONS:
On December 17, 1996 the Board of County Commissioners heard a pre. rotation on the Collier C'..oumy
Streascape Msster Plan by Mr. George Botner, ASLA, President of ,Collier/Nlplescape 90's. On
January 28, 1997, the Board approved I resolution ~dopting the Collier C(mnty Streetscape Master PLan
(CCSMP). The Board also directed staff'to incorporate the CCSMP into the County I.~nd Development
Cxxle by reference, ~ to amend the Collier County Growth Management Plan by referencing the
CCSMP.
Since the CCSMP cont~ ~ development regu~tions which impact o~in identi~ed public rishu-
of-way and the priv~e properties acljace~ to those rights-of-way, it is nece~uy to adopt the CCSMP
by ordinance in order to incorporate it by reference into the LI~.
The Collier County Planning Commission rm'iewed this ordinance on April 17, 1997 and recommended
approval by unanimous vote (7.-0), with the stipulation that any conflicts between existing ordinances
and the Streetscape Master Plan be identified and resolved during the next six months. On April 29,
1997, ~t a meeting with Collier Naplescape 90's Executive Director C~orge Bother, the ~
Attorney recommended that the language which states that in the c.~se of inconsistencie~ between the
Streetsc~pe Master Plan and the LDC or county ordinances shall be construed in favor of the LDC or
pertinent county ordirumce~s) be removed from the proposed ordinance of ~doption. ff this ordimu~ is
~pproved by the Board, the Collier County I.~nd Development Code will I~: ~mxled to incorporate the
CCSMP during the current LDC amendment cycle, to be heard by the P~rd on M~y 21 ~xi June 4,
1997.
FISCAL IMPACT:
There are no fiscal impacts ~ssociated with this ordinance ~s the purpose of this ordinance is to sdopt
the CCSMP by the appropriate legal instrument (ordinance versus resolution) so that the CCSMP m~y
be incorporated by ~eference into the LDC and thus may be properly e~fotced. The ~ l~s ~resdy
endorsed the CCSMP ~s indicated ,,bore. The BCC may consider funding S~ projects during
the ~ budge~ review. In ~sddition, private developers may ~lso fund S~ projoct.t
Requirements for edge treatments within required buffer~ on private pro~ ~1
fights-of-way will not have ,* greater fiscal impact than the
filrr~tlt L~nde~r~: remdati(
AGEN[IA ITalini v [
I
GROWTH MANAGEMENT ]~fPACT:
Not~.
R.y.C~~ATION:
during th~ laraary 1997 LZ)C amcndrncnt cycle.
PREPARED BY
I ~..'~ ~'~,~ i, ' ~1~, I~l' ~,,
~SCAPE AR~~
DATE
REVIEWED BY:
ROBERT J. MULHERE, AICP
CURRENT PLANNING MANAGER
DATE
D~NALD W. ARNOLD, AICP
PLAN~ G~SERVICES DEPARTMENT DIRECTOR
vI~c~rr g. cntrr~RoTi~S~TOa
COMML~NITY DEV. AND ENV. SERVICES DMSION
DATE
2
no.
~AY 2 7 1997
~. ~-,-- _
AGENDA ITEM 7-I
TO:
FROM:
Collier County Planning Commission
Planning D~artment, Current Plaaning Section
DATE: March 26, 1997
RE: " "Collier County Streetscape Master Plan
CONSIDERATIONS: On December 17, 1996 the Board of County Commissioners heard a
presentation on the Collier County Streetscape M"~ter Plan by Mr. George Bomer, ASLA,
President of Collier fNaplescape 90's. On January 28, 1997, the Board ~pproved a resolution
adopting the Collier County Streetscape Mn.qter Plan (CCSMP). The Board also directed staff to
incorporate the CCSM:P into the County Land Development Code by reference, ~nd to nmend the
Collier County Growlh Management Plan by referencing the CCSMP.
Since the CCSMP contains land development regulations which impact cerhain identified public
rights-of-way and the private properties adjacent to those fights-of-way, it is necer, raay to ndopt
the CCSMP by ordinance in order to incorporate it by reference into the LDC. It is also
necessary for the CCPC to review this ordinance nnd forward its recommendation to the BCC.
If tiffs ordinance is approved by the Board of County Commi~ioner~, the Collier Cotmty Ltnd
Development Code will be amended to incorporate the CCSMP daring the cra'rent LDC
amendment cycle. The Planning Commission's first public hearing for LDC amendmen~ wu on
April 9, 1997. The second CCPC hearing on the proposed LDC amendments is scheduled for
April 30, 1997. The BCC public hearings to review the proposed LDC amendments are
scheduled for on May 21 and June 4, 1997.
~ STAFF RECO1VIMENDATION: That the CCP.C.for~.¢ this propos .ed..ordi~,.an~_e_~admv°Palantl
............. ~treetsca've Master Plan to the BCC w~m a recommen~auon mr ~ ·
~u - '~ ' tile [..OILier t.otuity o .w . ,-., .............. ,, ,.,
~ ..... -. . ~ ....... .,.., ..... . ... .... .. ,-.-..~. ,- .~ ~:: ~. ....
, . . : . ~y.'¢'... - . _ _ '".. . .. . ...... ,.: ....
~ '-"'~' " :'":::'"' ......... ' -' "". .... "~- i-~.,. ';'.:.:---i.- ..... " · :::, '
~. '._: . . _.:...~. ;. .... .. .... ,.--...-..- ...... .-.- .
· -. - - . ~,_-~, · , ' .... ' · ~G£ ' .I
· :~ . ............. · ...... ...-:-., --?)~: .....- -:- . ;-' .-..~. :1,--~.,?~...-~-~..:.: ;'~..*'~'1 .1_..¥,-;'.'- -.V ....
.~l.'.---',?'-::";~ ~ ' . ' ':/' ." !':" ;-'-.~. ':'.:~'~-. --::; .'., ,;-..-_e-~:-ta~_-~ 1_1997..._~-:1--"f--- ;-IIAY/I"Iqg97
.rJ,- - ~ · :.;.- -=__~..~--:-2~_.. ,: :'; .... .'---'---- ....... -~'--=t ' '"?'-" ':' '- - -' . _12.1-~.~.~:. ~. -.- .~
~, .... ""'- ......... . .- '-,-: .,.~-..~-,,,,,--,-,z.,5.~..-.~~~~-'_-,'"::?~-~,'
ssms .,. ~.';:;'.~ -.'~- .... .. · .:t~-~-:"-__-.::..'2;~....~$~i,.a~..~...,~r-.~.,.~.,.,.~g.}.~p'_-;.~.~--"~=~lt_ ,.__.-~.a,~- .... - '--'. -
'..' ...,. '-' - '-;~.-7---' h;., " ",-~'.0'~'~ .~-.' '- · "' ~ - '-'"" - -. ' ' - - ..... --- ,-~ -~-
· i-.~k~,-,:~:,~; .... ~~'."- ' - -" '.- '--:- .-'
pREPARED BY:
LA.NDS~ ARCHITECT
REVIEWED BY:
CURRENT PLANNING SECTION MANAGER
DATE
~INCENT A. CAUTERO,
COMMUNI~ DEV. & ENV. SERVICES ADMINISTRATOR
MICHAEL A. DAVIS, CHAIRMAN
COLLIER COUNTY PLANNING COMMISSION
DATE
DATE
"AGE ' · - '
I
2
4
6
7
9
1o
~2
~4
ORDINANCE NO. 97- ~
AN ORDINANCE ADOPTING THE COLLIER
STREETSCAPE MASTER pLAN; pRf;VlDI~G
INCORPORATION BY I:LE~ I~TO COLLIE~
LAND DEVELOPMENT CODE; p~;IDIl'~
CONSTRUCTION: IMPL~ATI(~ OF STR~"TSCAP£
M~TER PL~; pROVIDING FOR FIrT~ A~ OF
STREETSCAPE M3%STER pLA~; pROVIDING ~
~D SERVILITY; PROVIDING ~ I~LUSI~
THE CODE OF ~WS ~D O~I~C~, pRoVIDING
EF~CTI~ DATE.
16 WHEREAS, the Board of County Commissioners of Collier County,
17 Florida, authorized the developmel~t of a streetscape master plan
il for the major public rights-of-way in the urban area of Collier
19 County in partnership with Collier/Naplescape '90s; and
20 WHE~F~S, the Board received an-d reviewed a submission of the
21 Collier county streetscape Master Plan at its public meeting of
22 Dece~d~er 17, 1996; and
23 WHEREAS, said Master Plan may be considered a type of overlay
24 design document for the urban area cf Collier County, providing a
25 plan for consistency throughout the County landscape program in
26 major County public rights-of-way, and within required buffers
27 adjacent to rights-of-way including guidelines and a plant list
25 that relates to the native character of the community; and
29 WHEREAS, the landscape plan is xeriphytic in nature in terms
30 of reducing requirements for irriga'-ion and maintenance for public
31 rights-of-way landscape requirements; and
32 WHEREAS, on December 17, 1996 ~he Board adopted Resolution No.
33 96-589, accepting and adopting the Streetscape Master Plan with
34 intention to implement said plan based upon elements of annual
35 budget, funding sources and annual project review; and
36 %~HEREAS, the Board directed the preparation of an ordinance to
37 incorporate the Streetscape Master Plan by reference into the
35 Collier County Land Development Code.
39 NOW, THEREFORE BE IT ORDAINED by the Board of County
40 Conamissioners of Collier County, Florida:
4!
MAY 2 ? 1997
I SECTION ONE: STREETSCAPE M0%STER PLAN ADOPTED, TO BE
2 INCORPORATED BY REFERENCE INTO COLLIER COUNTY LAND DEVELOPMENT
3 CODE.
4 The Collier County Streetscape Master Plan is hereby adopted
5 and shall be incorporated by reference into the Collier County Land
6 Development Code (LDC) as a public road rights-of-way, median and
7 required adjacent landscape buffer development and maintenance
~ guideline.
9 SECTION TWO: IMPLEMENTATION OF STREETSCAPE M3%STER PL~
l0 The Collier County Streetscape Master Plan is to be construed
Il and implemented in accordance with the LDC and other applicable
12 county ordinances.
l) SECTION Thq~EE: FUTURE ~MZND~---NT TO STREETSC3kPE ~ASTER PLAN.
14 The Collier County Streetscapt Master Plan may be amended as
15 determined by the Board.
16 SECTION FOUR: CONFLICT ~D S~;E_RABILITY.
I? In the event this Ordinance conflicts with any other ordinance
15 of Collier County or other applicable law, the more restrictive
19 shall apply. If any phrase or pot:ion of this Ordinance is held
20 invalid or unconstitutional by any court of competent jurisdiction,
21 such portion shall be deemed a separate, distinct, and independent
22 provision and such holding shall not.affect the validity of the
23 remaining portion.
24 SECTION FIVE: INCLUSION IN THE CODE OF LAWS A~D ORDINkNCES.
2~ The provisions of this Ordinance shall become and be made a
26 part of the Code of Laws and Ordinances of Collier County, Florida.
27 The sections of the Ordinance may be renumbered or relettered to
2g accomplish such, and the word "ordinance" may be changed to
29 "section", "article", or any other appropriate word.
3o
31
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the
Department of State. AG£ND& [T£~ -- AGE
MAY 2, 7 1997 1997
t PASSED AND DULY ADOPTED by the Board of County Commissioners
2 of Collier County, Florida, this ~ day of , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
BOA~gD OF COUNTY COMMISSIONERS
OF COLLIER cOUNTY, FLORIDA
$
Reviewed and approved
for legal sufficiency
16 By:
17 Da'via C. Wei~
IS County Attorney
By:
TIMOTHY J. HANCOCK, Chairman
MAY 7 1997
ps. ~;7'- 3 -
STREETSCAPE
MASTER
PLAN
Exhibit "A"
. !
COL,_IER L,,..,ui,~, FLORIDA
~ 'i
,~anuary , I997
Coiiier!Naplescape 90's
and
George Botner ASLA
MAY 2 ? 1997
PI-
Collier ~ounty has been enriched by the participation of many private and public sector
contributors to development and enactment of a comprehensive urban area Streetscape
Master Plan.
This plan has been in process through private contributions over a three year period.
Funding for this three phase project has been provided by the following entities:
~.4z. 0'~--: ~,tJ~ ~ ............. CollierlNaplescape 90's
.......... juliet c. Sproul
p~4z, ']'.~,xt.z.: J~',;~-4, P.~ ................ Collier County I CH 90's
There have been numerous private contributions of time and support services by many
individuals and firms. These are best organized into the several following groups:
John Norris, District 1
Timothy Hancock, District 2
Timothy Constintine, District 3
Para Mac'Kie, District 4
Barbara Berry. Distdct 5
· Nell Oorrill - County Manager
Tom Conrecode - Director, Public Works
Adolfo Gonzales - Director, Office of Capital Projects
George Parker - Project Manager, OCPM
George Archibald - Administrator, Collier County DOT
vincent Cautero - Administrator, Community Development Services
Nancy Siemion - Landscape Architect, Community Development Services
Juliet C. Sproul - Collier/Naplescape 90's
JoAnn M. Smallwood - ChamberfEDC Coalition
Vincent A. Cautero - Administration, Community Development Services
Nancy Siemion - Landscape Architect, Community Development Services
Tom Conrecode -Public Works Director, Collier County Government
Terry Fedelem - Naples Community Services, Engineering Div - City of Naples
Ellin Goetz - Landscape Architect, J. Roland Lieb'er, PA
Gavin Jones - MPC Staff
Larry Warner - Architect, WamerlPerrenoud Architects
Dan Brundage - Civil Engineer, Agnoli Barber & Brundage Inc.
George Parker, Project Manager. OCPM
George Botner, ASIA- Consultant
A-1
IN-tRot) L/OTIObJ
Gollier Gounty, the City of Naples, and private enterprise have combined resources to create
and maintain an outstanding street, scape program throughout Gollier County. This
public/private partnership has developed a signature Jot Naples and Gollier Gounty over the
past. decade.
In 1992, the Board of Directors of CollierlNaplescaPe 90's agreed lo organize and help fund
development of a comprehensive strategy for landscape and maintenance of the arledal
street network in Collier County. This effort has been joined by many pdvate persons,
practitioners, and entities whose goal has been to c~eate a common design theme and means
for implementation of a comprehensive network of arterial streets.
This approach for accomplishment of purpose has been a pro-active one by
Collier/Naplescape 90's, working with Collier County Government. In 1992, C/N 90's retained
a pdvate consultant to draft an outline for an overall plan. That work was accomplished at no
charge to the community.
The approach envisioned coupling professional talent with a strong sense of civic
involvement. For the initial three years of master plan development, two separate Technical
Advisory Committees have met, reviewed, and commented on drafts of various plan
components, in addition, County and City staff have contributed their time and expertise
where needed.
Finally, it has been recognized from inception of the SSMP project that, in order to be
meaningful, the plan would require adoption by government, and ultimately to become law.
Therefore this document, is recommended to become its own Section in the Collier County
Land Development Code, and, to be similarly adopted by the City of Naples.
Development of th'e SSMP has been a 3-step process over the past three years as follows:
All relevant information was collected, assembled and organized for creation of a
comprehensive plan. State, County and City design standards were assembled along
with major roadway development schedules. An approval process was also
established and implemented. This consisted of identification of all potential
constituencies and several meetings throughout Collier County. These meetings
provided the public view point as an essential ingredient to the plan.
AGEN
page
E-1
In general, it was discovered that the participating public wanted:
¢,
Landscaping of Major streets;
A comprehensive understanding of costs involved; both capital and
maintenance;
A schedule for improvements;
Cost effective landscape solutions; and
Parity: a balance of landscape programs throughout the County.
A major product from the Data Gathering Phase was establishment of the Urban Area
Streetscape Networ',~. Using the Metropolitan Planning Organizations (MPC) 15-Year
Plan as a guide, a network of divided highways was established as the boundary for
the SSMP in urbanized Collier County. A shorter action plan relating to Collier
County's 5-Year Highway Improvement Plan was also identified as the near term
landscape implementation schedule.
All design projects require a program. '"What shall we do and yahat shall it accomplish"
are pdmary questions asked and answered as part of this phase of the SSMP.
Two important concepts were established to guide answers to these questions as
follows:
~ Contextual Relevancy.
Quoting from the text: "Streets pass through vadous region~, hence, they do not have
a character themselves, but rather the region does. The street should reflect and
interpret the region, not vice-versa."
~ Character Zones.
The streetscape network is comprehensive in urban Collier County necessitating a
macro vs micro approach toward programming. Therefore, a "zonal" method towards
identification of design requirements was established. Various streetscape zones
were determined by combining several factors: a.) natural character; b.) existing land
use; c.) existing zoning; and d.) Collier County Comprehensive Plan.
Seven Character Zones for streetscape design were identified as a result of
combining the above land use features of Collier County (see figure E.1)
· ~ Zone ~ These are related to the existing and proposed major
urban areas, essentially a % mile square around major street intersections.
· Urban Residential Zone - 'f'hese are transitional landscape areas which
combine features of both Activity Center and Residential Zones.
· Residential Zone - These zones occur primarily as frontages to Collier
County's numerous planned communities and established subdivisions.
E-2
Aoricultural Zone
These refer to those
areas currently
de,~eloped for a variety
of agricultura~
purposes. Over time,
these may convert to
one of the above
categories.
~ Zone These
zones are not
extensive in size and
always occur as a
specialized segment of
another zone
classification.
Therefore, they have
specialized
requirements.
Conservation Zone
These zones are those
which are dominated by
natural, protected
landscapes along the
frontage street.
~Zone - These
are the major entry and
exit points to urbanized
Collier County on the
streetscape net,,vork.
NORTH '~ "~
GAT F_WAY
LlVlHGS i'.)~',~; RD
· GATF_.W~,Y ,
.,--2--' 1.75,1,~!MOK.~----' '~-" : GAT=WAY
GA '= ,', A '
,".~.~ E. I Ider~t,; : '. ,:ha~actef Z~nes lc,' s;ttt:~caC, t des:~n
There are seven of
these: five on Interstate 75; b, vo cr~ the noah and one on the south side of the County.
All of the above character zones have been mapped, quantified, and qualified by
descriptive commentary as a part of this section of the SSMP. Further, each individual
street within the streetscape system has been given a verbal interpretation of its potential
landscape which responds to its Ioc:.:,,n w~thm a character zone.
Ill.
The above data and programming are implemented by a 5-Step process as outlined
in the body of the SSMP as follows:
Schemati~
:This portion of Programming (Section 2.0) gives generalized design commentary
accompanied by a plan and secticn view of each zone as described above.
page
E-~
Pla ntin Rg__~.~.omme n d ations
~eneral guidelines have been provided which respond to three sources: the
plantings as shown in schematic design, local landscape professional knowledge,
and maintenance experience of City, County and State agencies. An overriding
consideration has been given to a reduction of irrigation dependency. Therefore,
three of the seven character zones are recommended to be composed of zeriphytic
and/or native Florida plant materials.
Water, soils, fedilizer, pesticide, and design recommendations are made in this
section. Most importantly, a plant species list is recommended by Character Zone
and Florida Native status.
i rr_.d.g, ation Recommendations
Water requirements for median plantings are a major determinant of planting design
and maintenance. Therefore, plantings and water delivery methods require close
collaboration.
As a general goal, all plant systems will be designed for available water, and all
plantings will be designed to require as little water as possible to sustain them. A
preferred ultimate goal is no irrigation at all. Completely naturally sustainable
plantings could occur; especially in the Agricultural and Conservation Landscape
Zones as described in Section 2.0.
1.) Ddp versus Spray Irrigation. State of Florida rights-of-way will allow no spray
irrigation as a result of perceived potential liability problems.
Therefore, in State rights-of-way, either subsurface, occasional menual, or no
irrigation will be provided. Cost effective techniques for drip irrigation are
being developed, especially for shrub and tree plantings.
Collier County and City of Naples rights-of-way may prefer to also utilize
controlled spray irrigation techniques. This is especially due to reduced
construction costs, and the ability to support manicured lawn components of
streetscape plantings.
2.) Irrigation Specifications and Details. Irrigation requirements within the context
of the SSMP are performance ddven rather than specific in their orientation.
This will provide for liberal accommodation of techniques of construction and
materials as they change over time.
3.) Water Source. The ultimate goal of water source is reclaimed water following
tertiary treatment at municipal waste water plants. State and Federal water
quality and treatment methods shall be followed for safe exposure to the
public. However, there will be occasions when the need for public landscape
will preceed the availability of reuse water. Nothing in this section shall prohibit
the use of potable water as an interim source.
COVER PAGE A-1
ACKNOWLEDGEMENTS ............................................. E-1
EXECUTIVE SUMMARY .............................................. T-1
TABLE OF CONTENTS ................................
1.0
INTRODUCTION 1-1
1.1 Background ................................. 1-1
1.2 Historical Precedent - codes, street tree ordinances ............. 1-3
1.3 Project Goals ............................................ 1-4
1.4 Project Location ......................................... 1-7
1.5 Relevant Data ..........................................
2.0
PROGRAMMING and DESIGN 2-1
2.1 Program Rationale ....................................... 2-1
2.1.1 Goals ...........................................
2.2 Establishment of Design Direction for Public Input ............... 2-1
2.2.1 Concept 1' Contextual Relevancy .................... 2-1
2-2
2.2.2 Concept 2: Character Zones ........................
2-2
2.3 Establishment of Design Character ..........................
2.4 Character Definition ............................ : ......... 2-2
2-2
2.4.1 Existing and Proposed Land Uses ..... : ............... 2-2
2.4.2 Vegetation ....................................... 2-3
2.4.3 Natural Features / Unique Features ...................
2-3
2.4.4 Views ........................................... 2-4
2.4.,5 Topography ........ ..............................
2.4.6 Minimize Problems / Maximize Opportunities ............ 2-4
2.4.7 Relationship to Collier County Comprehensive Plan ....... 2-5
2-7
2.4.8 Recognize Existing Character ' '- ...................... 2-8
2.5 Streetscape Design ....................................... 2-8
2.5.1 Character Zones Defined ............................
2-8
2.6
2.5.2
2.5.3
2.5.4
2.5.5
2.5.6
2.5.7
2.5.8
Street
2.6.1
2.6.2
2.6.3
Activity Center Zone ........ : ......................
Urban Residential Zone .............................
Residential Zone ...................................
Agricultural Zone ..................................
Utility Zone .............................. . .........
Conservation Zone ................................
Gateway Zone ....................................
by Street .........................................
Oppodunities and Constraints .........................
Gateways .........................................
Street by Street ....................................
2-13
2-15
2-17
2-19
2-21
2-24
2-27
2-28
2-28
2-30
3.0
PLANTING GUIDELINES 3-1
3.1 Collier County ........................................... 3-1
3.2 General Notes .......................................... 3-2
3.3 Soil Preparation and Soil Mix .......
4.0
3.4
5.0
6.0
7.0
3.5
3.6
3.7
3.8
Tree and Palm Planting and Handling ......................... 3-4
3-4
3.4.1 Preparing the Tree Pit ...............................
3-4
3.4.2 Placing the Tree ...................................
3.4,3 Backfilling and Watering ............................. 3-4
3.4.4 Palm Planting Procedure ............................. 3-5
Container Planting and Handling ............................. 3-5
Annual Bed Preparation ................................... 3-6
3-7
Tree and Palm Staking ....................................
3.7.1 Trees and Palms with 4" Caliper or Greater .............. 3-7
3,7.2 Trees 2" and Under Braced by Staking ................. 3-8
3.7.3 Trees 2"- 3" Braced by Staking ... ..................... 3-9
3.7.4 Lawn Installation ................................... 3-10
Recommended Plant Materials ............................. 3-10
3.8.1 Plant Schedule .................................... 3-11
IRRIGATION SPECIFICATIONS
4.1 General ................................................ 4-1
4.2 Application Methods ...................................... 4-1
4.3 Landscape Width and Methods of Implementation .............. 4-1
4.3.1 Landscape widths of less than 12' . .................... 4-1
4.3.2 Landscape widths ranging from 12' to 25' . ............... 4-2
4.3.3 Landscape widths of 20' or more ...................... 4-2
4.4 Irrigation for Trees and Palms .............................. 4-2
4.5 Operating Pressure ...................................... 4-2
4.6 Irrigation Layout and Design ................................ 4-2
4.7 Operating Schedule ...................................... 4-2
4.8 Equipme,nt Selection ...................................... 4-2
4.8.1 Backflow prevention ................................ 4-2
4.8.2 Manual gate valves ................................. 4-3
4.8.3 Controllers ....................................... 4-3
4.8.4 Rain sensors ...................................... 4-3
4.8.5 Soil moisture sensors ............................... 4-3
4.8.6 Valves ........................................... 4-3
4.8.7 Main lines and piping ............................... 4-3
4.8.8 Sleeving ......................................... 4-3
4.9 Sub-surface Drip Irrigation ................................. 4-3
4.10 Sprinkler Heads ......................................... 4-4
4.11 Typical Irrigation Details ................................... 4-4
5-10 YEAR CONSTRUCTION and MAINTENANCE SCHEDULES
5.1 General ................................................ 5-1
5.2 Five Year Improvement Program ............................ 5-2
5.3 Fifteen Year Streetscape Program ........................... 5-3
Fifteen Year Improvement Program .......................... 5-4
BIBLIOGRAPHY .............................................. 6-1
Roadway Landscape Information Resources .................. 7-1
AGE;
T-2
standards in order to protect public health, safety and welfare. While these standards vary
widely as to comprehensiveness and specificity, they do create a legislative background for
inclusion of streetscape standards in local codes and ordinances and to provide a
methodolo'gy for implementation.
In 1995, the State of Florida adopted its "Florida Highway Landscape Guide", a
comprehensive treatment of design, instal~ation and maintenance standards of landscapes
within Florida's major thoroughfares. In doing so, the state recognized that:
"Millions of residents and visitors travel Florida's highways annually. The
condition, safety and attractiveness of the State's urban, suburban and rural
corridors are important issues with residents of the State and travelers along
the highways.
The Sunshine State's strong tourist-based economy is dependent upon a well-
maintained and aesthetically pleasing highway system. Enhancing the natural
image of Florida, with lush foliage along major thoroughfares, conveys the
image of a vacation paradise and attracts tourists. Likewise, quality highways
reflect community pride and economic vitality, thereby attracting businesses
and industries."~
Both the State of Florida and Federal Government have policies for landscaping transportation
corridors. President William J. Clinton directed all federal agencies to improve landscaping
on all federal grounds in a memorandum signed and dated on April 26, 1994. Implementation
was to occur in several ways:
'~ Use regionally native plants in landscaping.
~ Minimize impacts on natural habitats.
~ Prevent pollution by reducing fertilizer end pesticide use and by reducing run-o)f.
-~' Implement water efficient irrigation practices.
¢ Prepare demonstration projects illustrating the above.
This memorandum was preceded in the State of Florida in 1987 when the Florida Legislature
approved F.S. 339.24. F.S. 339.24 requires the Florida Department of Transportation(FDOT)
to plan a state wide beautification program with implementation by means of a grant program
to local municipalities. In 1992, FDOT Secretary of Transportation Ben G. Watts issued the
"Environmental Policy for State Transportation Facilities," which emphasizes preservation and
enhancement of the natural environment in State rights-of-way.
The FIodda Highway Beautification Grant Program was established following the Legislature's
action in 1987. In order to compete successfully for these funds, local government needs to
include a section within their state mandated Comprehensive Plan dealing with aesthetic
treatment of its streets and highways. The Highway Beautification Manual further states:
"This plan needs to identify the streets and highways that the community wants
considered for highway landscape improvements. It should include scenic
routes and routes where the community wants special emphasis placed on the
z p.p. 1-1 Ion'da Landscaoe Guide, State of Fie D.O.l'., lgg~.
AGEUD~A
page
1-2
highway landscape. Blighted areas that need highway landscaping to improve
the aesthetics of the community, should be identified. 'The plan should show
the location of existing trees and plants that the community wants to preserve."
And, it further states that:
"If the local government comprehensive plan does not include a section on
highway aesthetics, the District Ptanning Department will coordinate with the
local government Planning Department to determine their position on including
a highway landscape element within the project. The programming of a
highway landscape element, dudng the initial programming phase, assures that
landscaping will be addressed during the development of the project?
Therefore, the historical rationale for establishment of a comprehensive strategy for landscape
enhancement of major streets in Collier County follows from both national and state policy;
such a plan is required for successful competition for state and federal funding resources.
p OJEOT
'~.]~.'~ J~z~ ~-~-~.: to produce a workable document which will become a code requirement
in Collier County that comprehensively addresses design, implementation, maintenance
standards, sequencing of roadway enhancement and recommends funding sources.
This goal is further defined by enhancement of its primary compo, nents:
'~.~.2 ~Za,~: The Streetscape Master Plan (SSMP) shall provide a rationale for and
establish a methodology for design of landscapes which occur in major public thoroughfares
in Collier County. These guidelines are meant to provide an overall theme or character of
design; not the specific design itself.
,~.]~.~ [,~~.,,-: The SSMP will provide certain standards for implementation of
plantings and irrigation in accordance with successful local landscape construction practice.
A major component of this work shall be identification of a recommended plant list.
,~.]~.~ J~z_.Z,~'/.z+,z-,,~r~: On going maintenance practices will be addressed. These practices
must be tailored to planting systems required by plantings in a rigorous environment. They
must also recognize maintenance worker safety and safety of the gen.eral public. Since
maintenance practices change over time, this document does not prescribe specific
procedures.
'~.]~. ~ .~~: The SSMP will provide a format for maintaining streetscape implementation
and maintenance schedules. These schedules will be based on 5 and 15 year timetables
consistent with State of Florida and Collier County roadway construction schedules. These
schedules will be amended annually in concert with annual roadway project updates.
p.p. 2-1 Flodda Hiqhwa¥ Oesiqn Manu~l, Apnl 1995.
Additionally, existing eliclible roadways will be incorporated into overall schedules. F:ligible
roadways are those which are at least 4-Janes in width and contain a median.
,~.~.(~ {::~: The SSMP will identify existing lundJng resources available to streetscape
installation and maintenance. It will be the prerogative of local government whether or not to
assign specific resources, matched to streetscape schedules, no less frequently than annually.
,~.~.'~ F,g.~.LJ.~: In order for the SSMP to be an efficient, visionary, and responsive
document, the final goal is that it be amendable over time. Amendments to the SSMP should
be available to the local municipality on a schedule consistent with its own code and budget
review.
'I.L I)ROJ ¢T LOe/ TION
~.L~.~ ~4~.: The Streetscape Master Plan covers the majority of urbanized Collier County
located on the southwest coast of Florida, USA. Collier Count'.,' roadways, included for
treatment in the Streetscape Master Plan, have been selected as a result of several criteda
as follows.
'~.~.2 ~ ~'"~ Hz'~~: First, only arterial or dMded collector streets with
medians are selected since they have the greatest public exposure due to intensity of use, and
opportunities for landscape due to availability of medians.
Second, arterials and collectors must be shown as accepted streets for improvement in the
MPO 2010 Financially FeasiUle Plan and a part of Collier County's 5-10 Year Work Program -
if arterials have not already achieved maximum design capacity. This will allow streetscape
improvement to track roadway construction programs.
Third, selected streets must be an obvious component of the county-wide, publicly accessible
"grid". Collectors in private and semi-private communities that have their own street
landscaping programs are not included.
Fourth, streets in out-lying communities such as Marco Island, Immokalee, Copeland,
Chokoloskee Island and Everglades City are felt to have their own unique character and local
constituencies that may wish to establish guidelines for streetscape specifically consistent with
each community's own goals. If any of these communities request to be included in future
Streetscape Master Plan updates, they will be accommodated.
'~.g.~ ~,~..W~4.: Gateways to the urban core of Collier County are also shown on the
Street. scape Network. These locations are viewed as being locations for specialized treatment
in the form of entry features. They occur at points of intersection of external arterials with the
network grid, or, as in the case of North Tamiami Trail, upon entrance to Collier County.
Gateway t~-eatments will be designed to convey welcomed arrival and a caring attitude toward
environmental quality. They should convey the notion that one has ventured into a special
place.
pag,
1-4
NORTH TRAIL
GATEWAY
I
UVINGSTONI RD'
GATEWAY:
1-75/IMMOKAI_EE
· GATEWAY
RD
1-75/PINE RIDGE
GATEWAY
1-75/GOLDEN GATE PKWY
GATEWAY
I-7.5
1-75/CR g51
GATE'WAY
MARCO ISLAND
EAST TRAIL
GATEWAY
LEGEND
ROADS TO BE ~
STREETSCAPED
'GATEWAY' IntersectJons {~
2010
GOq..F OF MID¢CO
0 1 2 3 5
JUNE 1993'
Collier County MPO - to be updated annually
AGE
Y AR 20'/0 TR£ T.( APE
The follo,Mng schedule represents streets within the Streetscape Network which have been
landscaped to date, and those which are remaining. As with the preceding plan, this schedule
will be updated annually at a minimum.
JUNE 15, 1993
Length Landscaped Remaining to
NORTH - SOUTH STREETS Overall Miles to Date be Landscaped
North Tamiami Trail
Goodlette-Frank Road
Airport Road
Livingston Road
Santa Barbara Boulevard
CR 951/SR 951
Bayshore Drive
County Barn Road
Vanderbilt Drive
13.2 Mi 5.0 Mi 8.2 Mi
10.0 Mi 4.5 Mi 5.5 Mi
13.0 Mi 3.2 Mi 9.8 Mi
12.0 Mi 12.0 Mi
10.0 Mi 10.0 Mi
23.5 Mi 23.5 Mi
1.5 Mi .4Mi 1.1 Mi
2.O Mi 2.0 Mi
1.3 Mi 1.3 Mi
EAST-WEST STREETS
East Tamiami Trail
Thomasson Drive
Rattlesnake Hammock Road
Davis Boulevard
Radio Road
Golden Gate Parkway
Pine Ridge Road
Vanderbilt Beach Road
Immokalee Road
Seagate Drive
111 th Avenue North
TOTALS
9.0 Mi .7 Mi 8.3 Mi
1.3 Mi 1.3 Mi
4.2 Mi 4.2 Mi
6.1 Mi 6.1 Mi
4.2 Mi 4.2 Mi
7.8 Mi 2.2 Mi 5.6 Mi
7.7 Mi 2.0 Mi 5.7 Mi
9.2 Mi 9.2 Mi
6.7 Mi 6.7 Mi
.5 Mi .5 Mi .0 Mi
1.0 Mi 1.0 Mi
144.2 Mi 18.5 Mi 125.7 Mi
Major collectors and arterials selected for inclusion in the Streetscape Master Plan
are from roadway segments available as projected in NATS 2010 FINANCIALLY
FEASIBLE PLAN as prepared by David Plummet & Associates, Inc., January, 1993.
l.g ,ELEVA T DATA
'the Streetscape Master Plan is responsive to a v/ide variety of data resources. References
for specific resources are contained in. Section ?~ Roadw~nformation
Resources. The following general categories of relevant information resources have been
researched and documented for purposes of SSMP preparation.
J. ~;.,J /~¢z/...,'P.~ 0_x:,4,F.~,'~: This is the streetsc~pe network as referred to in Sections 1.4.4
and 1.4.5. These corridors will change over time in accordance with State, County and City
roadway improvement schedules. They also include existing ready-to-landscape roadways.
ColIier County Government wilt maintain up to date development schedules on an annual basis
consistent with its roadway capitaI improvement funding strategies.
J.g.2 E~/-'~zF'~'vz~ ~: This reflects County and State forecasts for
affected corridor improvement, including development of new corridors within the streetscape
improvement time frame.
J. g. ~ ~ [~~: Present conditions of streets within the targeted streetscape
network are to be catalogued for design analysis in future phases of work, most notably,
Section 2.0 Programming and Design.
'].g.L} ~ ~.~,~t4z,~,~,~,,: These are the State and County design requirements
for landscaping within their respective jurisdictions.
· J. g.g (~,~,,ff,4,~z,,,~ ~, ~,o,-~44,: This is a compilation of advocacy groups who may
be interested in either participation in development of the Master Plan or simply desire to be
kept informed as to progress and outcome. Prior master plan initiatives have engaged vadous
constituencies. Since these groups change significantly over time. they are not specifically
identified in the SSMP.
,~.g.(~ ~ J~: Existing streetscape plans, either implemented or proposed are
identified and/or collected as background information for previous design work.
· J. g.') ~,~/J.,U~, (~z~,.-/(~.o,~.,~,,:,vz- p~-: The' primary components of this multi-
volume document'include transportation and land use elements (see figure 1.5.7)..
J.g.
J.g.'JO
'/,[;./]J T,r.~ ~ C~~ This is a group of 10 - 12 professionals and civic
activists who have participated in each phase of SSMP development. They have provided a
wide variety of additional relevant data and direction in formulation of the SSMP.
AGE
1-7
FUTURE LAND USE MAP
LEE COUHIY
'.'!. -.
"1
1
1.5.7 Po~Jon o! the Co'er Count7 future I*an~ use ma~
Pi.
Technical Advisory Committee (TAC) members have been responsive to preparation of the
SSMP in two separate phases as follows:
1.5.11~1 Preliminary TAC Membership / SSMP Sections 1.0 - 2.4
Mr. Terry Fedelem, City of Naples Parks & Parkways Div.
- Community Services Department
Mrs. Gall Pettey, Gail Boorman & Associates .
Ms. Dana Fendrick, Wilson, Miller, Barton & Peek
Ms. Ellin Goetz, J. Roland Lieber PA
Mr. Jeff Perry, MPO Coordinator, Long Range Planning, Collier County
Mr. Christian Andrea, Smallwood Design Group
Mr. George Archibald, Administralor, Transportation Services, Collier County
Mr. Larry Warner, Warner/Perrenoud Architects
Mr. Chris Anderson, Urban Forester, Department of Forestry
1.5.1 1.2 Final TAC Membership I SSMP Sections 2.5 - 8.0
Juliet C. Sproul, Collier/Naplescape 90's
JoAnn M. Smallwood, Chamber/EDC Coalition
Vincent A. Cautero, Community Development & Environmental Services Div.
Nancy Siemion, Landscape Architect, Collier County Develop ,ment Services
Tom Conrecode PE, Administrator, Public Works Divison
Terry Fedelem, Naples DeYelopment Services, Engineering Div- City of Naples
Ellin Goetz, Landscape Architect, J. Roland Lieber, PA
Gavin Jones, MPO Coordinator, Collier County Long Range Planning
Larry Warner, Architect, WarnedPerrenoud Architect
Dan Brundage, Civil Engineer, Agnoli Barber & Brundage Inc.
Mr. Geroge Parker, Project Manager, OCPM
Mr. George Archibald, Director, Collier County Transportation
Mr. Steve Fabiano, Collier D.O.T.
Mr. Val Prince, Collier County Transportation Landscape Services
2.2.2 II: ~,¢,',,'Z4, Since the SSMP network of streets is
comprehensive, the entire network should be perceived as being related not only to its padicular
Iocation,-but also perceived as a part of a comF_.rehensive urban area streetscape system.
For this reason, a "zonal" approach to character definition was established. Each streel will be
assigned a character zone which relates to natural and man made environmental concerns.
These zones are defined by a number of criteria, including their regional identity. The
establishment of zones will provide for creating streetscape solutions that respond to the
immediate area while also establishing design continuity throughout the streetscape system.
After review of both existing conditions and policies of the Collier County Master Plan, specific
streetscape design characteristics emerged. These characteristics can be grouped by their
natural and man made features into "zones." In this sense, the "Design Character" of a street
create definitions of landscape zones.
OFI/tP-.AOTE DEFINITION
Proposed landscaping should be inspired by existing, positive site characteristics. The character
of a street or place is defined by the following
features:
(figure 2-0)
Land uses adjacent to streetscape network
corridors help to determine the intensity and.
character of proposed landscaping. In qener~-I,
more urban land uses can suooort more formal
landscape treatments since architecture tends
to be more .qeometric in character (fiqure 2-1).
It can be argued that one seeks relief from
architectural intensity in urban areas by use of
a soft, naturalistic landscape. And, a more
geometric or structured landscape may seem
out of character when placed adjacent to
suburban and rural land uses.
2. 2 Existing native
vegetation, adjacent to rights of way, shall be
preserved and enhanced Io achieve the goals
for the Streetscape Master Plan (figure 2-2).
This approach reduces lhe amount of
landscaping required to achieve the objectives
of the Master Plan which strives to "lit" Ihe
landscape into it's setting. Wetland stands of
2.~. S ]'~~' The most important aspect of topography in southwest Florida is its
flatness. As a result views carry great distances. Therefore, accentuation by landscape can
be significant. Any vertical elevation such as a bridge, or highway overpass creates dramatic
view opportunities in an otherwise flat landscape.
2.4.~ ~'~ ~~ ~ ~ ~~" Most people can
agree on what is a good or a bad view~ what tra~c situations are safe or dangerous~ and what
unique features need to be buffered (disguised from viewi, or enhanced. Natural land Ion-ns
and features create the best opportunities for enhancement, while land fills, weed infested
ditches and utility lines create the most commonly occurring problems to be minimized. The
newcomer, or casual observer, of the Collier County landscape may interpret Ibis experience
as a monoculture with little diversity. However, there is a subtle diversity, in comparison with
regions of the country that have a wider temperature range and accentuated topography. This
region has vegetation that spans climatic zones between subtropical and tropical. There is a
predominale cover of slash pine / palmetto and oaks, punctuated by enclaves of wetlands,
both freshwater and saline.
Since wetlands are protected by State, County and Water Management district regulations,
they provide opportunities for conservation throughout the region, including within public rights-
of-way. Native vegetation stands, be they upland or wetland, represent the best, and least
expensive methods of right-of-way enhancement. Preservation where,these opportunities
occur and relocation of them in adjacent public right's-of-way create a contextually appropriate
design solutions for some streetscape network segments..These a're opportunities that should
be maximized.
Collier County also has it's share of problems to be minimized or mitigated through landscape
design. Envisioned as a tropical "paradise", the existing condition and native landscape of
Collier County creates oreat challenges. In conflict with the perceptual notion of "tropics", it
is interesting that no habited portion of Collier County lies within this climatic zone. A tropical
landscape has been established to create an image of a tropical paradise. While this practice
accommodates a marketing objective, there are costs to consider since maintenance of any
"imported" landscape is always more costly than that which occurs naturally.
Another common problem to over come throughout the County is a the unsightly network of
drainage ditches and culverts, most of which occur within the view of the streetscape network.
Several new communities, which have control over their drainage systems, deal with the
problem at inception: buried drainage pipes connect vadous lakes which in turn, connect to
out-fall structures.
Public right-of-ways are especially impacted visually since open ditches represent the primary
form of storm water run-off conveyance. Open drainage ditches would be acceptable except
for the following reasons:
Y They are costly to maintain in a weed-free condition.
Y' They are full to over flowing with runoff dudng the rainy season.
'~ They are empty dudng the dry season.
2-4
In all cases, drainage ditches are open to public view within our right-of-way, blitigation of
unpleasing views would be achieved by either scre-:ning drain ditches from view or to enhance
them as naturalistic aquatic landscapes.
As an example, the "Grey Oaks" community
has incorporated the required Airport Road
drainage ditch into its' community water
amenity (figure 2-3).
Collier County has many aesthetically pleasing
commercial enclaves. The County also has
several strip developments that may be
benefitted by architectural guidelines. The
Streetscape can help improve strip
commercial aesthetics by screening views,
providing continuity by use of repetitive
landscape forms, and thus creating a visual
order. In many cases, adequate space is
lacking or difficult to use for landscape plantings due to the presence of sidewalks, utilities,
and other structures which will require judicious use of landscape materials to achieve the
above design objectives.
In response to State of Florida mandate (Ch 163, FL Statutes)'Ccllier County maintains a
comprehensive plan to guide development. This pian identifies several generalized ~.¢-r',d use
categories through which the streetscape network traverses.
These land use categories, while too general to give specific direction to streetscape design,
suha~l= for defining character zones. The following use
do create a pattern of development "~' ~
designations represent the major land uses in Collier County which are appropria:e for
guidance of streetscape development.
2.4.7.1 Urban. These are areas that should contain the greatest residential der',$ities
and commercial growth. They are in or close to areas projected to receive support
facilities and services.
¢,
peg4
2-5
2.4.7.2 Urban-mixed Use District. This district provides for accommodaticn of a
number oi compatible urban land uses including a wide range of residential types with
certain commercial and industrial uses.
Urban Residential Subdistrict - The purpose of this district is to allow the greatest
residential densities where few natural constraints occur and maximum
concentrations of support infrastructure are expected to occur.
Urban Residential Fringe Subdistrict - This is a transition zone between the Urban
District(s) and Agricultural/Rural District(s). Residential densities of up Io 1.5
du/acre are allowed.
AGEi~
No. AGENI
Urban Coastal Fringe - This is a transitional zone between Urban and designated
Conservation areas. It generally occurs .between U.S. 41 and the Gulf.
Residential densities within this District are limited to 4 du/acre.
industrial Subdistdct - This allows for the full range of industrial land uses as
described in the Collier County Zoning Code for Industrial and Light Industrial
zoning districts.
· Commercial Subdistrict - This distdct occurs in existing Urban Mixed Use districts.
Uses include those that already exist or as permitted by zoning.
2.4.7.3 Urban - Commercial District. This district is located within mixed use activity
centers which occur at maior designated arterial street intersections. A second
subdistrict, of limited application in the Streetscape Master Plan, is the PUD
Neighborhood Commercial Subdistrict, which is a part of comprehensively planned new
communities.
· Activity Center Subdistrict - These are mixed use districts which are anticipated
to accommodate most new urban growth, They occur at designated intersections
throughout Collier County. While a mix of Urban uses is encouraged, most
proposed projects have been Commercial, especially Retail Centers. It is
anticipated that these activity centers will help alleviate sprawl or strip commercial
development and to create focal points of activity within'the County. They
represent the best opportunity for urban design expression outside of existing
towns and shopping areas.
· Three Activity Centers occur at interchange locations on I;75. These have specific
shapes depending on an approved geometry of commercial - residential land use
at each interchange. The remainder of the activity centers are all the same size -
160 acres, which are Y2 mile on a side with the center of the activity center
coinciding with the center of the intersection.
2,4.7.4 Urban - industrial District. This district permits industrial uses that include
light manufacturing, processing, storage and warehousing, distribution centers and
other uses as described in the Zoning Ordinance for Industrial & Light Industrial Zoning
Classifications.
2.4.7.5 Agricultural/rural Designation. In accordance with the Collier County
Growth Management Plan, the Agricultural/Rural Designation are ."those areas which
are remote from the existing development pattern, lack public facilities and services,
are environmentally sensitive, or are in agricultural production." If this zone appears
within the context of the Streetscape Network, a xedscape landscape treatment should
be provided since irrigation may be limited. Functional attributes of landscape, such
as buffering and view direction may be appropriate and desirable in these zones.
· According to the Comprehensive Plan, Urbanization is not promoted and a limited
selection of land uses other than Iow density residential and agricultural will be
permitted, Therefore, if landscape is installed in these areas, it would be
protected from change by future growth.
AG(
· Mixed Use District - This district allows for some residential in a predominate~y
agricultural area. Commercial is also allowed, up to a maximum of 2.5 acres.
. ' RuralAndustrial Distdct - 'i'his district is reserved for Industrial and Light industrial
uses as described in the Collier County Land Development Code (LDC). The
boundaries of these districts may change depending upon demand for more
industrial uses. Industrial use areas have a negative impact on the streetscape
appearance. When industrial areas are positioned as frontage uses on arterial
streets which service the entire County, streetscape design becomes even more
important and necessary. Screening of views and 'softening of appearance are
two prime applications of landscape design in industrial districts.
· Rural-Settlement Area District - this is a specific area designation located in the
former North Golden Gate Subdivision and is governed by a specific PUD
ordinance. It does not front on current streetscape net-~vork streets.
2.4.7.6 Estates Designation. This is an area currently subdivided into semi-rural
lots, averaging 2.5 acres in size. it is rural in nature and future increases in densities
would be discouraged.
2.4.7.7 Conservation Designation. The purpose of this district is to conserve and
maintain natural resources of the County. All attempts will be made to maintain
ecological and physical characteristics of the native landscape in these areas. While
roadways may be considered highly disruptive to these natural landscapes, a
responsive technique for streetscape design may be a,~ailable. It is possible that
roadway impact to the natural landscape may be mitigated by providing native or
naturalistic landscapes within these public rights-of-way.
2.4. NaCes and County are un qu
comparison with any other regions of the United States. Not only is this area's
geomorphology, climate, and vegetation unique, so are its politics and cultural background.
While it may not be necessary to become overly comprehensive in an understanding of this
p~ace in order to prepare landscape guidelines for streetscape, it is necessary to have a
general understanding of the forces at work which impact the character of the streetscape.
An important assumption must be made to identify design character zones: ~
ro osed character of the natural and cultural environment should be reflected in and ouide
landscape developmen_t. This approach toward streetscape design provides the basics for the
~ollowing objectives:
2.4.8.1 Design must be cost conscious to implement and maintain;
2.4.8.2 The design solutions should be the easiest to understand and therefore able
to gain consensus; and,
2.4.8.3 Design solutions shall best represent this area's unique natural and cultural
heritage.
AGENI;
2-7
2 4.8.4 Design apprehension - 'The above approach mW not result in a landscape
that visitors come lo expect. Unfor!.~. nately, but realistica;b/, native plantings are not
necessarily perceived as tropical. 'Tne Master Plan should carefully balance
expectations with reality to create a landscape that ha~ something for everyone.
Conscious decisions need to be made regarding how much of a foreign landscape
needs to be maintained to meet expectations of tourists and visitors.
2. ~. '~ ~.~¢,,.~'[Z4, ~.¢4-4d, ~;.,I,,~ Character Zones are segments of roadways that
are defined by their natural and man-made environment (see Sec 2.4 Character Definition).
The following zones were established after review of County planning documents, site
visitation and site analysis:
Activity Center Zones
Residential Zones
Utility Zones
Gateway Zones
Urban;Residential Zones
Agricultural Zones
Conse:vation Zones
The following outlines what landscape type/style would be ap~,rcpriate for each character
zone.
2. ~. 2' /¢~C¢~'~,,k ~62,.7.x~ ~¢",~'~' The name for this zone originates from the Collier
County Comprehensive Plan. It refers to 16 areas in Collier County where mixed use
commerdal and multifamily residential' is planned to occur. In general, these are qua~er-mile
distances from the intersecticns of major identified streets. These ar-: areas that are expected
to have the greatest concentrations of infrastructure, traffic, people and building construction.
Since street paving widths tend to be wider end driveways intersecting major streets are
increased, there tends to be fewer landscape median opportunities. It is desirable to have
greater landscape space available to help mitigate the impact of these most dense urban
conditions, however, there is less available
space. Therefore, the edges of rights-of-way F
become espechally important as potential
landscape areas.
AGEND
NO.
2.5,2,1 Character Landscape
character in urban conditions can either
be informal, curvilinear (to counter act
hard architectural form and line), or it can
be geometrically similar (figures 2-4 and
2-5). This is the one zone where formal
landscapes would be fitting. Similar
species of palms and trees may be in
groupings which are the same size and
page
NORTH TRAIL
GATEWAY
RD
1-75/PINE RIDGE
GATEWAY
1-75/GOLDEN GATE PKWY
GATEWAY
1-75
1-75/CR 951
GATEWAY
MARCO ISLAND
EAST TRAIL
GATEWAY
Ac"Jvi,~, Center Zcr. e
F-'-I Ur'oarCR e s;d e ntial Z.-ne
~ Re$ic:ent[al Zcne
['"~ A g ricuP,,_,r~.' Z o,-~e
~ Ut~ty Zor. e
~ C onserva:~ca
Gateway Zc~e
pa_ca
2.5.1 Cnara¢er
regularly spaced apart. Planting beds of
evergreen or flowering shrubs could be
shaped in geometric p~_',terns. Evergreen
shrubs could be planted and shaped into
maintained hedges. Beds need not be
completely planted; pa,zing materials such
as brick or stone wou~d not only be
appropriate but could link wi.ch pedestrian
crosswalks creating a "s~fe zone" at mid-
street. And, such materia!s ~-re easier and
safer to maintain in high traffic situations.
2.5.2.2 Design Since Activity Centers
have the highest intensity of use. the
landscape must be careful to aiio,,v adequate s;te distance at intersections and provide for
opportunities to vie,,,/ ,~;=,'='"
a_; ..... t signaee, architecture, pedestrians and traffic. Since the
landscape will compete for attention with architecture, traffic, and signage, the
predominate color shou!d be green. It will thus have the greatest opportunity to convey
the landscape character ir', an urban condition. It should also consist of repetitive and bold
forms thus providing a sense cf urban design continuity in potentially chaotic architectural
and vehicular surroundings. Keep it simple, keep it bold, and keep it green in activity
center median and ro_=ds;de plantings. Also, keep it tough. Avoid use of delicate
herbaceous perenials except as ground covers. Instead, plant wo~dy materials with
dense strong branching struc.'.ures that are cap=hie of withstand!rig greater intensity of use
and impact from traffic, pedes:rians, and wind blown debris. Care should also be taken
not to over plant these sma'Jer, urban beds in an effort to overcome their small size.
Resultant plantings v,-iil appear awkward and out of place with the horizontal space
available to them
2.5.2.3 Medians Freq,,.:ent!y medians tend to become very nerrow to nonexistent as a
result of a need for multiple turn lanes at inter-=ections and shopping center parking lots.
As a result of diminished median planting are.~s to help soften these high impact areas,
roadside plantings are encouraged
A variety of plant materi_~',s emphasizing both color and texture are recommended for
medians. Significant use of a "signature" tree and/or palm are recommended due to a
need for masses of planting wit;'fin limited planting spaces. Color should be provided year.
round in accent planting beds. Major trees and palms can be tightly spaced and placed
on geometric centers for a controlled and elegant effect.
This is the only zone where manicured hedges placed in bold simple patterns may be
appropriate. A layering affect of various ground covers and shrubs, alternating color,
shades of green, and texture throughout the entire plant bed will provide drama and
interest to these heavily exposed areas. As one approaches major intersections where
tree materials may impact critical motorist view sight lines.
There should be very limited to no use of lawn grasses in this zone. Not only would lawn
be difficult and dangerous to maintain, it would diminish the ability to use more significant
landscape material. Therefore. shrubs and,'or groundcovers are recommended for all
2 -10
1997
planting areas of two feet in horizontal dimension or greater. The use of mulch, either
organic (wood chips) or inorganic (rocks, gravel, sand) is recommended only in mature
planted areas where the dimension o! residual mulch beds would be less than two feet in
width.
2.5.2.4 Roadsides Roadside plantings should be encouraged to the extent planting
space may be available. Linear beds of shrubs/groundcovers with an overstory of a
canopy tree or palms on regular spacings will:
'~ mitigate visual impact of high trafficked areas,
'~' provide order to frequently architecturally chaotic surroundings,
¢ help to screen views of adjacent parking lots from roadways, and
¢ provide edge definition to roadways that have a soft rather than harsh character
consistent with the image of Naples and Collier County.
Recommended plant material species, soils, and cultural practices for Activity Center
Zones are provided in Section 4.0, Planting Specifications.
2.5.2.5 Non.Planted Areas This SSMP also recognizes that significant opportunities for
non-planted landscape features are needed in the form
Pedestrian sidewalks, including textured cross walks, preferably with "safe" zones
in medians. Decorative paving for sidewalks are encouraged.
Lighting, both for vehicular use areas, and at a "human scale" for pedestrians.
Human scale lighting along sidewalks may consist of bollard lighting (42" mounting
height) and/or decorative overhead lighting (mounting height of 8'-0" to 12'0").
Street Furnishings. Benches, trash cans, bike racks, kiosks, trellis, and pedestrian
shelters would all be appropriate in edges of Activity Center streets. All should be
of a consistent design theme end meet all applicable local building code
requirements.
page
2-11
Fencing I Walls. Fencing is discouraged along the edges of Activity Center rights
of way unless of a highly decorative nature and at a height of no more than four (4)
feet if located two (2) feet or less from back of sidewalk. Decorative walls of no
greater than four (4) feet in height may be appropriate, especially if they do not
proviae a hazard to motorists, and provide continuity of an .architectural theme
throughout the Activity Center. In no case shall either fences or walls be located
flush with sidewalk edges, regardless of height.
Graphics. Signage consistent with a common architectural theme of the adjacent
Activity Center use areas may be appropriate for location within rights of way.
This use will require coordination with and adherence to all local codes and
standards.
2.S.2.(;
Other features, i\,!an.l urban areas benefit from creation of a "festival" character
within their stre~tsceses. The SSMP encourages a coordinated design theme
-which may include u'se of banners, decorative poles, lighting or other special
features which ma;/connote a festival market piece environment· Any and all such
features require County. City, Sta!e approval and must be coordinated throughout
the Activity Center right of way area.
2-12
2.5.2.7 AOTI ITY
Pg.
is a mixed use zone that permits limited urban
~development in'a primarily residen',ial context.
It is a transition zone between Activity Centers
and Residential Use Areas.
2.5.3.1 Character The overall
landscape design character is a soft, free
flowing organization of shrub beds,
groundcovers and lawn (figures 2-6 and
2-7). The overstor'! consists
predominantly of native hardwood canopy
trees. Accent areas of palms and/or
flowering trees are encouraged, especially
at intersections.
One should strive for a minimum of 60
percent canopy closure at maturity within
medians and 50 percent median coverage
by use of shrubs and ground covers, lawn
and mulch beds may encompass the
remainder of landscape bed covera9e
where no mulch bed exceeds two feet in
width.
2.5.3.2 Medians The dimension of
medians tends to increase in width as a
transition from Activity Center (Urban) to
Residential Zones. There s~',ould be a diminishing use of both a formal geometry of plant
bed layout and use of shrub material which would require a formal clipped appearance.
Ground planes should ur, dulate providing for visual relief and a greater opportunity to
showcase plantings. Grades should never exceed 3:1 slopes. Isolated depressions.
unless drained by use o,' catch basin, are discouraged. As demonstrated in the plant lists
in Section 3.0, greater use of Florida nalive plant material is encouraged. And.
correspondingly, there shou!d be less depender, ce upon use of water in irrigation systems.
2.5.3.3 Roadsides These areas provide [or additional but not mandatory planting
opportunities of canopy trees, shrubs and groundcovers. The predominant planting areas
will consist of lawn grasses. Canopy trees and palms should be spaced regularly but in
groupings of no fewer than seven specimens each. Accent clusters of trees and/or palms
should be provided at the corners of major intersections to provide further interest to street
tree plantings and to serve as "gate posts" for important street crossings. Care should be
taken to coordinate canopy tree plantings with plantings which occur in immediately
adjacent use areas. Irrigation may or may not be available for roadside plantings.
Coordinate plant selection with availability of artificial means of water supply and
distribution.
page
2
MAY
2.5.3.4 Non-Planted Areas In most cases Urban/Residential areas will have a s dewa ~,
usually immediately adjacent to back ol street curb or a few feet away in the most urban
sections of this transitional zone. Lighting occurs as tall D.O.T. standard "pole and arm"
for illumination of the adjacent roadway and sidewalk. Ideally, sidewalks should have a
meandering alignment to provide for a soft appearance and to provide for interesting plant
bed configurations.
2-14
plantings or plantings and perimeter wall
combinations. Wide. open medians are
usually available, some containing
drainage swales. Interruptions usually
only occur at PUD main entrances.
of the Collier County Comprehensive Plan and is entirely residential. It is frequently fronted
by large planned unit developments (PUD) which provide landscape buffers along roadways
with limit¢ to no views to residential d,,vellings within the community (figure 2-8).
2.5.4.1 Character Thisis a vet"soft" ~**,~ %'~
landscape zone in character. Often,
street edges are already landscaped with ~ '
Landscape need not fill the available
planting area, but shall occur as drifts of
plant beds in an undulating lawn or other
less maintenance prone material. Where
possible, native plant materials in rather
large groupings shall be encouraged. Slash pine, Live oak and Sabal palm are
predominale tree species, while Buttonwood, Cocoplum, Sea grape, Wax myrtle a:',d Saw
palmetto are shrub species that would be consistent within this zone.
Accent plantings in the medians at. major
PUD intersections should be encouraged,
even if they depart from the native plant
materials which are planted e!se,,vhere.
These plantings may reflect the species
and design character of the adjacent
major entry landscapes thus providing
design continuity throughout the entire
intersection (figure 2-9).
2.5.4.2 Design A soft, spazious,
naturalistic character should nct be
difficult or costly to maintain. Large
medians shall be predominately planted in
lawn grass. A drought tolerant Bahia variety shall be selected and irrigated only as
necessary during the "dry" season or during periods of drought. A selection of native
trees and shrubs shall be naturally drought resistant. Occasional large beds of flowering
perennial shrubs shall be encouraged, perhaps every quarter mile or so, to provide color,
interest and seasonal change.
2.5.4.3 Medians In addition to the above description, medians may need to be phased
landscapes which accommodate eventual road widening. Wide medians of 4-lane divided
roadways shall retain edges in an expendable but soft green landscape. Low cost ground
covers or drought tolerant lawn grasses would be appropriate. Wide expanses of mulch
(organic and/or inorganic) are to be avoided.
page
2-15
2.5.4.4 Roadsides Many Residential Zone landscapes have large Planned Unit
Developments as [rontage properties. Subdivisions and large single family home
properties are also present. In many cases, it is possible, indeed desirable, to aIIow these
adjacent uses to become the "edge" condition of public rights of way. If those edoe
conditions consist of v/ails or other hard architectural elements, additional tree mateJ'al
and groundcovers which employ the use of Florida native plant materials may be
necessary.
As previously described, additional plantings should be arranged in informal masses
where no single species grouping consists of less than a dozen members. This would be
consistent with the grand scale of this landscape.
2.5.4.5 Non-Planted Areas In Residential Zones, non-planted areas consist primarily
of sidewalks, bikewaTs and street lighting. If space permits, sidewalks should have a
pleasing, soft horizontal a!ignment. Radii of less than 50 feet should be avoided, except
at cross walks and intersections where horizontal dimensions become constrained. Try
to layout sidewalks like street alignments: always with a definable curve and tangent.
Avoid erratic, convoluted and excessively serpentine walk alignments.
2.5.4.6 Lighting Light poles shell not occur within paved pedestrian areas except at
intersections, and only if absolutely necessary.
2.g.(¢.7 P..ESIP£/,JTtAL ZONE
2-16
2.g.g
pinelands create the adjacent land use within the Agricultural Zones for streetscape. In the ~
Urban Area of Collier County, the AGricultural Zone has bee,',, transitional. Remaining
agricultural areas will likely become another us~. classification, most frequently Residential.
Therefore, decisions about when and if to plant medians should be made on a case by case page
basis. Interim plantings ~re recommended and should be coordinated with l'uture roadway 2 - 17
development.
2.5.5.1 Medians Agricultural Zones usually do not have curb end gutter, are
expansive in size (40'+ v,'id~h) and frequently contain drainage swales. They are generally
inhospitable planting conditions for all but the most hardy o1' p!ant materials.
Large stands of Live oak, Slash pine, Saw p=-[metto, Wax myrtle, and Sabal palms should
be the basic native pa!e~e of planl materials. No permanent irrigation systems should be
installed unless privately funded and maintained. Soils may require amendment to
remove road bed materi~is and replacement with native topsoil in planting areas.
Never force any controlled geometry to plantings of tree materials in Agricultural Zone
medians· The native frine, e areas of adjacent agricultural pasture and farm lands should
serve as a useful guide to character of planting beds and tree massings. Only drought,
tolerant grasses should be used. Manicured mulch beds would be inconsistent with the
character of this zone and should be avoided.
Maintenance should consist of manual watering irrigation for 3 - 5 months. Following this
establishment period, only occasional mowing (bi-m ;hould be uired.
2.5.5.2 Roadsides The edges of Agricultural Zones present oppoC, unides for
significant mass plantings of native tr~e materials as a continuation of and linkage to
median landscapes. Informal groupings of trees along with drit'~.~ of native shrub materials
can ~elp frame views of adjacent pasture lands from the highway.
Only xeriphitic plant material requiring little or no irrigation, other than grow-in support,
should be planted. Only Bahia grass should be planted for this reason.
2.5.5.3 Non-Planted Areas There ,,',,'ill be litt. le to no areas along roadsides that will not
be planted. Given the transitional nature of this landscape zone, sidewalks may not be
appropriate. If present, the alignment of wa!ks should have a slowly undulating character,
well back from edge of the adjacent ro~-d,,v~y.
2.S.S.4 AC IOLILT(I L ZONE
AGENDAIT£kL
~0.~
2.5;.g This =one occu
in areas of predominately industrial activity or
adjacent to landfills, quarry, or utility plant
locations (figure 2-10). The resulting intensity
of use of these areas makes landscaped
medians in the public right-of-way more, rather
than less important.
2.5.6.1 Character Utility zones are
most often of shod duration. We would
therefore promote a streetscape planting
that is consistent with the adjacent zones
in order to blend utility zones with their
neighbors.
This is also a zone that shall receive edge landscape treatment as may be needed to
create a visual buffer to adjacent land use activity.
page
2-19
2.5.6.2 Design Landscapes should be drought tolerant, easy lo maintain and
consistent with adjacent zones. The most important function of landscape in the Udlity
Zone- is to create a pleasant experie2:e as one moves through it to an adjacent zone.
2.5.6.3 Medians Design of medians should reflect and be a continuation of desian
guidelines provided for other, adjacent landscape zones. In order to create additior~ai
buffering, it may be advisable to ir,crease intensity (size and quanlity) of plantings for
linear distance of 1.5 times frontage o,' the actual utility.
2.5.6.4 Roadsides Edges of roed.,.;~ys fronting on utility land uses should be heavily
planted, approaching 100% opacity ,*-t maturity. These plantings must be of the same
character and material usage as the =_.djacent zones. Avoid use of plant material which
may tend to draw attention to itself; but rather attempt to blend in these visually impacted
areas with their surroundings.
2.5.6.5 Non-Planted Areas Impervious surfaces (walks, bikeways), lighting, street
furnishings, and graphics should be _= continuation of those found immediately before and
after the Utility Zone. The intent is to m~intain a continuity of the streetscape experience.
in so far as possible, through the impacted utility area.
2 - 20
No. ~
2. S;.7 The._e E;-:
areas wheFe roadways pass thFough o; E;e
adjacent to natural areas or passive perks
(figure 2-11). They can be as extensive Es the
Rookery Bay segment of State Road 951, or
more limited as the Rattlesnake Hammock
Slew as it crosses Rattlesnake Hammock
Road.
2.5.7.1 Character More extensive
systems may. provide the most natural
landscape opportunities available. These
natural areas should be reflected in
median plantings if possible. In this wEy,
the roadway will more effectively blend with the natural environment and become a part
of it rather than dominate. Large rt.=tufa1 areas may be replicated to some degree in
available median space. Drifts of buttonwood may be planted where the adjacent
preserve consists of salt or brackish wetland, for example. Care should be taken to use
species of plant materials that occur in the natural areas but which will survive in the much
different soils found in highway medians. Soil and hydrological conditions may need to
be amended in actual planting bed locations. The remainder of the median can be left in
drought tolerant grass without supplementary irrigation.
page
2-21
Smaller natural areas (shorter than % mile frontage) may be treated in one of two ways.
First, they may be treated as an extension of landscaping of the adjacent zone, using
similar plantings as found before and after the natural area. Second, they may be
planted as an extension of the natural area into the median. This would give the
impression of the natural area passing through the street, rather than vice-versa. It
would also provide an interesting accent to adjacent landscape zones.
2.5.7.2 Design The primary objective of design for this landscape is to replicate
nature within the right-of-way rather than exclude it. Whether this is done in small areas
(1/, mile or less) should be determined on a case by case basis. An assessment should
also be made as to the costs of maintenance and the likelihood of survival, especially of
wetland species.
2.5.7.3 Medians As illustration 2.5.6.:3 F shows, median spaces provide opportunities
for planting natural landscapes as a continuation of these existing areas through the right
of way. Care should be taken to ensure survivability of natural planting systems in a right
of way environment. If long term maintenance is overly burdensome, do not attempt to
"force" planting in an inhospitable environment.
2.5.7.4 Roadsides Existing native p~antJngs should be allowed to approach edges
of roadways as dose as possible, respecting required set backs of plantings from edges
of pavement for safety purposes.
In concept, preserve areas should be allow.~d to visually dominate roadway construction
through them. Roads, therefore, become metaphorical "bridges" through natural systems
causing as little impact as possible.
2.5.7.5 Non-Planted Areas There will li',,~ely be few if any non-planted components
of the design for conservation areas. This is due to the overriding concern for
preservation and continuity of Conservation Zones through rights of way. In the case of
wetland Conservation Zones, for example, if sidewalks require continuity through this
zone, it may be necessary to minimize impact by locating walks immediately adjacent to
roadways. Alternatively, sidewalks may occur as boardwalks through wetlands. In this
case, a minimum width of 6 feet should be used in design.
2 -23
intersections as located on the Streetscape Ne,hvork (figure 1.4.4 F). The main purpose of
Gateway Zones are to signify arrival and sep,,e as an entry feature at major access points to
the Streetscape Network. The Streetscape Master Plan has identified seven gateways:
Marco Island East Trail Gateway
1-75 / CR951 Gateway
1-75 / Pine Ridge Gateway
1-75 1 Golden Gate Parkway Gateway
North Trail Gateway
1-75 1 Immokalee Road Gateway
Livingston Road Gateway
2.5.8.1 Character Each Gateway is unique. Therefore, attempts to standardize
landscape character should be resisted. If the Gateway occurs within an Activity Center
a more urban expression is more approp,'!ate. Use of wa~Is, water features, formal
plantings maybe appropriate.
This approach may not be appropriate at
the North Trail and Livingston Road
Gateways which occur in adjacent
residential or agricultural zones. These
Gateways should make one feel like he or
she is entedng a park by bringing masses
of vegetation in informal drifts up to the
edge of the roadway (figure 2-12).
Signage and lighting should supplement
plantings of shade trees, palms and
shrubs. Character Zone designations
must also be respected
2.5.8.2 Design Gateway landscapes
are the most important features in the Streets~pe Network. They set the stage for arrival
and are the last thing one sees upon departure. Therefore, an increased level of
landscape and resulting maintenance is a-,ticipated. Ail but one of these Gateways
occurs within state road controlled interse?::ons or streets. Therefore, design will need
to be coordinated with the State of Florida Department of Transportation.
2,5.8.3 Medians Median planting oppoc,=nities exist in three of the seven gateways.
For the most part, these median areas shodd be clear in the foreground (as seen upon
entrT), with a backdrop of vegetation to frame and accent the entrance. Each entrance
requires its own specific median design but continuity in character and appearance for all
seven gateway medians should prevail. Co~or in perennial shrubs such as Thryalis and
Bougainvillea are appropriate. Discretionar,! use of beds of annuals, replaced at least
semi-annually would also be appropriate in ~;'~ese areas.
2.5.8.4 Theme Tree An entrance or framing tree is prescribed for all seven entrances
to Collier County. This is the major structure tree(s) to be used as the form-giver to
landscape entrance features. Three trees are sui' ether:.
2-24
Slash pine, Live oak and Sabal palms. One method of planting which respects height,
character, and color of these three indigenous, ubiquitous, and drought tolerant species
would be to use the Pine in mass plantings as a backdrop to Oaks in the foreground and
Sabals in informal groupings as accents of no fewer than seven specimens each.
· 2.5.8.5 Roadsides Gateways require plantings, especially theme trees as described
above, to approach the edge of pavement as closely as possible. Therefore, along with
median plantings, roadside plantings create a partial Sense of closure thus emphasizing
an entrance to a new, special, and unique locale.
The same predominate theme trees should be used to provide structure for these
entrances. They should also be augmented by use of flowering trees, masses of mature
shrubs, colorful groundcovers, and discriminate use of flowering annuals as may be
determined for each gateway.
Lawn grasses may be either St. Augustine "Floritam" or Bahia, depending upon irrigation
availability of each entry.
' . vements v~thin available landscape area of gateways,
2.5.8.6 Non-Planted Areas Pa ..... ,,,,4 writ eatures, rocks sculptures,
other than sidewalks and bikeways are not p~u~l~u,~ ...... er f 'natural and
decorative wails, and the like, would be inappropria.te fenestration for the
indigenous character of this region.
Not withstanding the above, graphics and associated lighting'should be provided. Collier
County will control a proprietary graphic image to be displayed st gateways· Similarity of
this graphic image may be manifested in a variety of forms, but shall convey the s~-me
impression at all gateways.
2.5.8.7 Schematics Three representative gateway landscspe plans are provided ss
a guide for ultimate implementation by others. In order to insure county-wide continuity,
it is recommended that Collier County control both design and construction of all gateways
on a schedule consistent with public need sad roadway construction schedules.
¢ The Interstate Gateway._~9_~ as shown below references the several "gateways"
to collier county from Interstate 75 (2.5.8.8)
¢' The M.__ultiple Direction~ primarily refers to the condition at CR / SR
951and East Tamiami -frail. This intersection provides both an opportunity for entry
to Collier County and Marco Island (2.5.8.9).
¢ The ~rection Gatewa Zone presently exists at the North Tamiami Trail
entrance to Collier County trom Lee County. Future road construction will provide
additional opportunities for implementation of this gateway concept (2.5.8.10).
HLILTIPLE /21R£~2TIO.~ q~TE~AY 20/',16
7/
.., , ,-, / . .~/I [/, ".'-;' ~' .
..... ....--.-~>~2:
·
.' '¢:":- ,._r,~,-''''''' :"' ~. : ~:W~.L :.' . ~ . ........ '---; · .~ '
.... --.=.-_-. :, ::. '~~ .,r ".
~,.~ i. '. .
'7 '1'''~
"/~:;~;z'-~: '~ :"':'.' .'.' :-: :.'.-"-". '? '~'.'47'.: .'~ ;: .'5.: ..
~, ' ~ ~:-k~:' 'Y .... .. ' ~.~, - '~? -.
57~£~T gY
An analysis of existing conditions, propo-=='d lar-,d uses, and new right of way im.orovemen:s
was conducted for identified roads ~,,/i~in t.';e .c,r:!ect sludy area in orSir to locate character
zones along individual streets and gate,,,/~ys The following roads have been identified as paa
of the SSMP.
Gateways
Marco Is I East Trail
1-75 I CR 951
1-75 / Pine Ridge
1-75 / Golden Gate Parkway
1-75 / Immokalee Road
North Trail
Livingston Road
Nor~h-Sc, u:h S'.;eets
North Tamiami Trail
Goodle::e-Fr?.k Road
Airpo¢, Road
Livings:on Ro~.d
Santa Barbara Road
CR 951 / SR 951
Bayshore Drive
County Barn Road
Vanderbilt Drive
East-West Streets
East Tamiami Trail
Thomasson Drive
Rattlesnake Hammock Road
Davis Boulevard
Radio Road
Golden Gate Parkway
Pine Ridge Road
Vanderbilt Beach Road
Immokalee Road
Seagate Drive
111:" Avenue North
AG E N_D,A .~T.E I~
~o. I :~ c)Ll!
page
2-27
PII.
2.~. "] _OH,~~ ~ ~ An Opportunities and Constraints map was
developed to identify areas that have natural or man-made features that the streetscape
design should enhance,.or build upon and conditions (power substation, storage areas, etc.)
that should be mitigated (see figure 2.6.1.1 F'). One major asset that is found throughout most
of the study areas is the amount of natural vegetation that exists due to the amount of
undeveloped land. This provides the opportunity to build upon existing vegetation rather than
creating a landscape. In the more developed areas, lhe roadway provides an opportunity to
bring continuity to the overall appearance of the immediate community as a result of available
planting space at edges of rights-of-ways (see figure 2.6.1.1 F).
2.(;.2 The intersections that have been identified as gateways into Collier
County and Naples have distinct characteristics that separate them from one another. The
following is a description of each gateway and their design opportunities.
The North Trail Gateway, located on the Collier County line on US 41, is comprised of
Planned Unit Developments (PUD) on both sides of the gateway (Audubon and Sterling
Oaks). The landscaping should reinforce the residential character, of the surrounding
community. The landscape style should bund on and enhance what has been established
by the PUD's. The median is faidy wide and provides .ample room for trees and
understory plantings of shrubs and groundcover. This is a major gateway into the county
and the design should reinforce its importance. Specialized graphics (signage) and
lighting would be appropriate and should be coordinated with all gateways (see drawing
2.5.8.10).
This is the primary gateway from the south. It is located at the intersection of US 41 and
SR/CR 951. Like the North Trail Gateway, this is a primary entrance into the county. The
primary land use is Urban Coastal Fdnge and the gateway is classified as an Activity
center. The configuration of the intersection and the location of the existing tree line
provides long views into the study area. A recent highway project has placed new light
poles on both sides of the highway, this providing a strong vertical repeating design
element. The landscape character for this gateway should reinforce the natural vegetation
found in th~ immediate area. The style should be bold/simple curvilinear forms with
accent plantings at the intersection. Dual $ignage should be provided as part of entry
statements for both Marco Island and Naples/Collier County (see drawing 2.5.8.9).
This is the eastern gateway to the county. This Activity center is compdsed of fast food,
gas stations, and motels at the interferon, with underdeveloped vegetated land beyond.
Presently, there is not a dominant landscape associated with development parcels in
which the design could follow. The remaining natural landscape beyond the intersecdon
is a maior asset for this gateway. The majority of visitors will arrive from 1-75 which is lust
north of CR 951 and Radio Road. They approach der the 1-75
page
2 -28
~e Z~ l. t F ~s and cons~a;nb
AG£ff [J& I~ldI ~
page
2- 29
overpass. The bddge which frames the view of the gateway, acts as a gateway "door" into
the area. Because of the type of development and lack of landscaping, the streetscape
could be more controlled in its design and layout (see drawing 2.5.8.8).
:[here is presently no direct access from 1-75 onto Golden Gate Parkway, although one
is proposed. The overpass acts as a visual gateway into Collier County. An extensive
streetscape study has been completed for Golden Gate Parkway. Any additional
landscaping shall follow the design standards set forth in that document (see drawing
2.5.8.8).
This gateway is designated as an Activity center on the Collier County future land use
map. The gateway is comprised of small commercial uses, Naples Plaza on the west, and
residential development (The Vineyards, Livingston Woods, and Golden Gate) on the
other three sides of the interchange. There is some natural vegetation remaining on all
four sides of the interchange (see drawing 2.5.8.8).
This streetscape shall be comprised of informal landscape patterns that reinforce the
remaining natural vegetation. 'i'he edge of the ROW should supplement the median
landscape and help establish a cohesive landscape design throughout the gateway. In
addition, existing and new development should be encouraged to reinforce this area as
a gateway by providing additional landscaping along edges of private property.
h-nmokalee Road has experienced a considerable amount of new construction which has
created a more urban residential character. Presently the gateway is undeveloped with
large stands of trees and understory vegetation. This gateway shall preserve the natural
vegetation, as much as possible, to create a setting similar to the one found at the edge
of the dght of way on US 41 near Pelican Bay. Because the gateway is undeveloped, a
comprehensive landscape design could be promoted and achieved (see drawing 2.5.8.8).
This is a potential future gateway into the county. The proposed residential development
(Livingston Road Country Club) and the natural vegetation suggests that this gateway
shall be informal / naturalistic in its design character (see drawing 2.5.8.10).
page
2-30
2. ~,~¢. ~ Each roadway has a unique set of conditions, man-made and
natural, that establishes the character for the community. The following is a brief description
of each street and the landscape character zone that should be applied. See figure 2.6.:3.1
F - Character Zones for the exact location of each character zone along individual roadway.
'This road is characterized by PUD's along both sides of the roadway with shopping
centers and mixed use development at or near ma]or intersections. The northern portion
of US 4'1 from the coun[y line to Pine Ridge Road is predominantJy residential (PUD's) witl~
.well landscapecl entrances. '1'l~e PUD's have used landscape plantings and/or berms to
screen views into their property, l'his approach has created a well landscaped edge to
the roadway. In most cases the median I~as been landscaped in controlled or bold
curvilinear patterns. Any additional ~andscaping should reinforce the landscape character
already established in this area. The character zones identified for this area range from
urban residential to activity zones at ma]or intersections. From Pine Ridge Road south.
the density of clevelopment is higher and the number of commerciaVmixecl uses increases.
The landscape along the edge of the highway is more formal with clipped hedges in
geometric patterns. 'rhe design style shall incorporate the following elements:
Plant landscape material in controlled patterns.
Use flowering shrubs and understory plantings that produce color at
intersection.
Plant material to be similar to landscape plantings at PUD's.
Coordinate color schemes with adjacent PUD entrance designs.
II
Goodlette-Frank Road is primarily a residential street with'views of golf courses and
residential development. North of Pine Ridge Road, large stands of trees remain. The
Collier County Future Land Use Map identifies the corridor as an urban residential area
with an Activity Center where Goodlette-Frank Road intersects Golden Gate Parkway.
The recent construction of a northern portion of Goodlette-Frank Road provided new well
landscaped medians. The landscape character for Goodlette-Frank Road should build
upon the landscaping within the medians. The design shall create a parkway setting for
this residential community. The design style should incorporate the following elements:
Use curvilinear planting pattems.
Use bold, simple forms.
Plant material should be similar to landsc:~pe plantings at edge of roadway
Carry design onto side streets where applicable to provide continuity.
Er~courage new landscaping where long runs of fencing occur to soften impact
and to bring development in-line with the rest of the comrhunity.
Livingston Road will be a new road traversing through urban residential and residential
zones. This is an opportunity to develop a continuous landscape design solution
throughout the length of the roadway. The design should be residential in character with
street tree plantings and curvilinear drifts of shrubs and groundcover. The design style
shall incorporate the following design elements:
Plant a dominant species of street tree along the roadway to establish
continuity.
Understory plantings of shrubs shall be iniormal curvilinear patterns to screen
views into residential lots and to provide interest.
ir At intersections, provide color and accent plantings that complement the
surrounding landscape.
ir Encoura9e new landscape onto side streets to provide additional continuity.
Land use along Santa Barbara Boulevard consist o! a mix of urban residential and
residential with small commercial uses at the intersection with Radio Road and Golden
Gate Parkway. The design shall utilize existing natural vegetation to produce a setting
similar to Golden Gate Parkway. The design style shall incorporate the following design
elements:
Use'bo~d, simple planting patterns.
Arrange plantings in curvilinear forms.
Frame views ol golf courses yAth trees and understony plantings.
Direct views toward Golden Gate Community Park and a.way from F75.
CR 951 is a mix of urban residential, residential, urban residential fringe and activity
centers at major intersections. The large amount of undeveloped land and conservation
areas on the east side provides an almost continuous natural setting. New construction
of a residential community on the west side (Lely) has preserved stands of trees between
the roadway and its development, providing continuity along the corridor. This section of
roadway shall preserve and enhance the natural ecosystem, as much as possible,
creating a conservation zone. Use of native large stands of trees and understory is
encouraged.
North of 1-75 the character is more residential with large stands of natural vegetation.
The residential development on the east side is at a greater distance from the roadway
due to the canal, a parallel collector road, and preserved stands of trees. On the west
side of CR 951 there are views of the Golden Gate Golf Course and natural stands of
trees. The landscape along this portion of CR 951 should create a natural like setting.
To do so, the landscape treatment shall utilize the following design elements:
ir
f,
Use native plant matedal only.
Use naturalized drifts of shrubs, grasses and ground cover within the
median.
Plant trees in clusters using species f(~und in adjacent ecosystems.
Provide shrub massing along shoreline of canal.
page
2 -32
SR @$1 is comprised ol~ urban coastal fringe and conservation areas. The intent of the
landscape design shall mimic the surrounding ecosystem by preserving as much natural
plant material as possible and by restricting landscape design lo native plants associated
with this ecosystem. The design shall be simple and appear natural in its style and form.
Entrances to commercial or residential communities present opportunities lo accent an
otherwise natural system of plantings on medians and adjacent roadsides by use of other
ornamental plant materials on a limited basis.
Bayshore Drive is located in the urban coastal fringe land use area. It is made up of well
established residential communities with small commercial uses at the main intersections.
The medians are narrower and have been planted with palm trees which are similar to the
residential landscape at the edge of the street. Understory plantings of shrubs are usually
clipped into formal hedges to help screen views into parking lots and residential units. The
landscaping along Bayshore Drive shall continue the street tree plantings and augment
them with understory plantings. The design can create a uniform tree lined residential
street. The landscape shall incorporate the following design elements:
Continue palm trees along entire length of Bayshore Drive.
Understory plantings shall be straightforward in their design due to narrow
planting spaces.
Add color and accents at intersections and entrances to major residential
developments.
The northern portion of County Barn Road has considerable natural vegetation along its
right of way. In the southern portion of the roadway some of the vegetation has been
removed. The overall character of this urban residential community is naturalistic. The
design shall re-establish the lost native vegetation and preserve the remaining forest
edge. Exotic plants shall be removed and discouraged from use in the future. The
landscape design should consist of the following elements:
page
2-33
Use native plants associated with the existing ecosystem.
Tree plantings shall be in clusters.
Understory plantings shall be in naturalized drifts.
Use informal naturalistic planting patterns.
This street is urban residential with views of water, boating and established residential
neighborhoods. The landscape treatment shall borrow from its surroundings as much as
possible. Careful attention shall be paid to views of the water and boating activities to
prevent landscaping from obstructing views. The landscape need not be more than a
simple planting with an emphasis on street trees through the residential areas, and shrubs
and accent plantings along open areas. A landscape theme consisting of similar
plantings, signage and lighting could be developed
repeated elsewhere in the Vanderbilt community.
The southeastern podion of this roadway is a mix of urban coastal fringe and urban
residential with activity centers at major intersections. The density of development
increases as one trave[s northward. Open views of mobile home parks and development
'with litlJe to no landscaping are of major concern. Large PUD's located on the west side
of the roadway provide views of golf, v~ter, and landscape buffers and should provide the
basis for future landscape design. The landscape character for the East Tamiami Trail
shall reinforce the urban residential character by using curvilinear planting patterns, and
large clusters of trees in the median and along the sides of the rights of way. From
Rattlesnake Hammock Road northward, the landscape can become more bold and
controlled using large dri[ts of understor7 plantings with flowering trees and accent
plantings at major intersections. Additional street trees and understory plantings shall be
used along the approach to the Collier County Government Center. The design character
for East Tamiami Trail should incorporate the following design elements:
Use curvilinear planting patterns.
Use native species in the southeastern portion of the roadway.
Use accent plantings of flowering trees and shrubs at intersections.
From Rattlesnake Hammock Road north, use more of a controlled planting
pattern with accent colors at intersections.
Thomasson Drive is an urban residential community with a small commercial center
(Bayshore Comers) where the s~eet intersects with Bayshore Drive. The character is that
of a residential street with natural vegetation on the south side. The landscape design
shall use native plants associated v,~th the surrounding ecosystem. The style should
create a park like setting for the residential community. The landscape shall be carded
onto side streets to provide continuit7 and to create a sense of community.
This roadway is characterized by activity centers at the east and west ends of the roadway
with urban residential in between. Near CR 951, where little to no development has
occurred, large stands of native vegetation exist. As one travels west, the character of the
roadway cha'nges to a residential community with perimeter fencing, landscaping and
some native stands of trees. The landscape can provide continuity and a sense of a
community by repeating planting pat'terns and a consistent use of plant material. The
landscape shall address the edge condition to soften the impact of views of fences and
residential units. The landscape design shall incorporate the following design elements:
· ~' Plant shrubs masses along edge of dght of way to provide additional pdvacy
for residential units.
¢' Use native plant material.
Use plant matedal in informal naturalistic patterns with accent plantings at
major access points.
AG EN D_,~ L~ F,,~M~
No. ~
page
2-34
II
Traveling west from CR 951, Davis Boulevard .is comprised of Planned Urban
Developments with small commercial uses interspersed. As one approaches Airport
Pulling Road. the intensity of development increases and more mixed/commercial uses
occur. The landscape shall be more curvilinear and less controlled from CR 951 to Foxtail
Boulevard and more controlled from Fox'tail Boulevard to Tamiami Trail. 'The design
should provide screening of parking lots and service areas. The landscape shall
incorporate the following design elements:
Provide controlled plantings in simple bold forms.
Trees shall be planted in controlled patterns in the more urban areas.
From CR 951 to Fox'tail Boulevard use more informal patterns in large informal
drafts.
~ Cluster trees in the residential areas.
Use accent plantings that are similar to plant matedal used at entrances to
PUD's.
Airport Pulling Road is a major commercial mixed use corridor with urban residential uses
to the north. Landscape projects in the median have established a strong design
character at the southern (south of Golden Gate Parkway) ehd of this road. Because of
the amount of development in the southern portion of the roadway, additional landscaping
shall be encouraged along the edges of the dght of way and carried down side streets to
soften the impact of development and provide (~ontinuity to the area. The northern
segment of Airport Road shall reflect both the Activity Center and Residential Characters
respectively:
Use bold planting patterns with accent plantings at Activity Centers.
ScreenJsoften views into parking lots and service areas at Activity Centers with
additional plantings on the edge of right of way.
North of Golden Gate Parkway, the planting shall be less controlled and more
informal in its style, except at the Pine Ridge & Immokalee Road intersections.
In the residential areas, use bold, simple patterns with clusters of trees (native
s~ecies).
Use plant material that is similar to the landscape palette used at PUD's to
provide continuity.
Radio Road goes from residential uses on the east to commercial mixed uses at the
intersection with Airport Pulling Road. The character of the roadway is a mixture of small
native stands of trees with semiformal landscapes along the edges of PUD's. This creates
a suburban feel to the corridor. The landscape shall provide continuity through repeating
landscape forms and plant material. The type of plant matedal used shall relate to the
page
2-35
landscape plantings associated with PUD's, but be of a natural character throughout to
create continuity. The landscape could be more formal in its appearance from Briarwood
Boulevard to Airport Pulling Road to respond to the commercial mixed uses found along
this portion of the roadway.
A corridor management study was completed by Collier County for this parkway.
Recommendations shall be carried out throughout the corridor. To help blend the parkway
setting established in this study, individual developments and public streets adjacent to
the parkway shall be encouraged to adopt similar landscape designs. This approach
would eliminate the linear appearance to the parkway and will help unify the communities
located along it edge.
From CR 951 to Livingston Road, the character of the roadway is predominately
residential. From Livingston Road to Tamiami Trail, the density of development increases
with commercial, residential and industrial land uses occurring along tile right of way. The
median narrows as one approaches US 41 and there is little landscape between the road
and adjacent development. Long runs of fencing associated with residential development
shall be softened with frontage plantings. The character proposed for Pine Ridge Road
shall be semiformal using bold curvilinear patterns with dusters of tr~es on the western
portion of Pine Ridge Road. The eastern segment (Airport Road Io 1-75) shall be more
naturalistic in character, utilizing native plant species in informal patterns.
Vanderbilt Beach Road is a mixture o[ urban residential and residential with commercial
activities at the Intersections of US 41 and Airport Pulling Road. There is a considerable
amount of native vegetation with well landscaped entrances to residential communities.
The design shall build upon the existing character of Vanderbilt Beach Road by using
similar landscape material in natura!istic patterns. Near US 41, the landscape shall
become more bold and pronounced by using large planting patterns with accent plantings
at intersections.
page
-36
Immokalee Road has a considerable amount of existing native vegetation along the right
of way. Activity centers occur at every major intersection. The landscape treatment shall
be similar in its character to that proposed for Golden Gate Parkway. 'Soft but controlled
plantings using predominately native species of plants at the west end could progressively
give way to entirely naturalistic plantings at the east end (CR 951).
The present landscape character is that of a formal landscaped boulevard. Any new
landscaping along Seagate Drive shall continue the landscape style already established.
The landscape character shall be carried onto the side streets to create a stronger sense
of community and to provide continuity between the separate neighborhood communities.
The landscape shall incorporate the following desi,
Use the same plant material as already established in the median and along
the right of way.
Use plant material in simple controlled patterns with accent plantings at
intersections.
111"' Avenue North is comprised of a commercial shppping center at the intersection of
US 41, urban residential on the south, with a public park and school on the north. The
amount of existing native vegetation provides the basis for developing a park like setting
to this community. Plant material shall emphasize native species in naturalistic planting
patterns.
pag,
2 - 37
GLII ELIN£
~.~I 00L£I£ , OOdN?Y has specific planting and landscape maintenance
reqdirements. The following information relates to growing conditions and planting techniques
in this area. Nothing in this document reduces the responsibility of the Designer or Contractor
of Collier County streetscape from applying safe and correct application techniques.
Therefore, the fo/lowing provides a guide only. Ultimate responsibility is that of the Designer
and Contracior for each streetscape installation.
3.2 Q£N£ ItL NOT£5
~)~ ~- Contractors shall insure that installation in medians and rights-of-
way conform to criteria set forth in D.O.T. (Florida and/or Collier County) roadway and
traffic design standards (see Uz.~./, Section 7.0 for a listing).
~.~- ~ - All landscape materials shall be maintained to provide continuous clear
zones for sight visibility for pedestrian and vehicular traffic. Landscape maintenance (tree
t,'imming and shrub pruning) shall conform to cdteria set fodh in FDOT and Collier DOT
Roadway and Traffic Design Standards.
p~,.~ ~z~~. State of Flodda DOT (Division 1, Barrow, Florida) and Collier
County DOT, including the Collier County Land Developmen't Code maintain specific
design and plan submittal requirements. It is the responsibility of the Designer end
Contractor to thoroughly familiarize himself/herself with these requirements. Should there
be a local code, administrative procedure, or State of Florida landscape rule which
appears to be in conflict with SSMP recommendations, it shall be the responsibility of the
applicant to resolve said conflict with the appropriate authority.
~ - street rights-of-way typically are corridors for many utility and drainage
systems. It shall be the responsibility of the Designer to determine locations of utilities and
to comply with various landscape design requirements of principal utility companies /
agencies. Storm water I drainage systems frequently occur within public rights-of-way.
Creative methods of adapting streetscape planting systems within or adjacent to drainage
ways are encouraged. Plantings which may impede either flow-way or maintenance of
flow-ways must receive prior approval of the respective water management authority.
P.~,-~l~, ~ - All plant material to be used within the SSMP shall be Flodda #1 or
better as outlined in "Grades and Standards for Nursery Plants," State of Florida Division
of Plant Industry. All plant material shall meet minimum specified size requirements and
shall be in a healthy and thdving condition, free of pests and diseases when delivered to
the public rights-of-way for planting.
:~,4~.~. It shall be the responsibility of the Designer and Contractor to specify and
implement safe practices for landscape installation within public rights-of-way.
~v~_ Thrifty use of water as outlined in the South Florida Water Management
District "Xedscape Plant Guide I1" shall be applied throughout landscape installation and
maintenance.
F~i'**.~r,~ pz.~. Regardless of the ultimate irrigation method, Contractors shall
be responsible for the initial establishment period for plantings. Such period shall not be
less than 90 days following acceptance by the municipality.
~'~'~ - The landscape Contractor shall coordinate all work with related
Contractors and with general construction or' the streetscape installation in order not to
impede the progress of the work of others or the Contractors ov,'n work.
~, ~- The locations of all landscape holding areas, if any, will be identified in
advance by the municipality. The Contractor shall adhere to the access routes to and
from the holding area without disrupting or impeding access to the site by others.
Adequate safety precautions for motorists using the site area shall be the responsibility
of the Contractor.
H~ - Unless specified differently by the Designer, all shrub and groundcover beds
shall be supplied with a uniform compacted bed of eucalyptus mulch, Grade B or better,
to a depth of 2-3 inches. The Contractor shall ensure that mulch remains in place and that
flooding or surface drainage has been mitigated across mulch beds.
~ ~z~,,.T,,-~- Fabdc may be required in shrub and groundcover planting areas for
all slopes exceeding 3:1. All grades exceeding 3:1 shall be verified with the municipality
prior to planting.
page
3-2
Proper preparati~)n of planting areas ¥~ithin rights-of-way areas are essential [or successful
drainage and cultivation of plant materials. Existing roadway medians and shoulders which
are to receive new plantings including trees, palms, shrubs, groundcovers, and grasses must
be inspected as to soil type and amendment requirements.
The following treatment of soils is to be used as a guide only. It shall be the responsibility of
the Contractor to recommend any deviatibn from these guidelines which may result in
improved plant material establishment and survival in a healthy and thriving condition.
Expensive, exotic, imported topsoil or "potting" mixes are to be avoided. Indigenous top soils,
amended as needed, are preferred for public right of way plantings.
The following soil placement and amendment guidelines are recommended for typical planting
conditions. '['he Contractor shall also determine drainage capacity of soils beneath prepared
topsoil areas to ensure adequate permeability.
All plants noted for removal shall be removed and properly disposed of off-site at
Contractor's expense unless otherwise noted.
Apply Roundup (manufactured by Monsanto Corp.) according to manufacturer's
rate and specification within limits of all areas to be planted. Protect existing plants
to remain from overspray or spray within root zone. Contractor to ensure total weed
eradication.
Before replacing topsoil, rake subsoil surface clear of stones (1" diameter and
larger), debris, rubbish and remaining roots from removed plant material.
~.~.(~ Scarify subsoil to a depth of three inches (3").
Contractor shall apply "Surfland" or approved pr~-emergent herbicide in accordance
with manufacturer's rate and specifications.
Planting soil mix for trees, shrubs, and groundcover sNall consist of a thoroughly
blended mixture of:
3.3.6.2
3.3.6.3
Date Palm, Sabal Palm, Coconut Palm:
90% clean D.O.T. sand
10% approved topsoil/Florida pea[ mixture
Royal Palm:
60% clean D.O.T. sand
40% approved topsoil/Florida peat mixture
Trees, Shrubs, and Groundcovers: 70% clean D.O.T. sand
30% approved topsoil/Florida peat mixture
Contractor shall submit laboratory soil tests of the soil mixture f~ approval by the
Designer and/or municipality.
Florida peat shall be free of deleterious materials treat ~ t:~ ~ to ~
growth, be free of nematodes, be of uniform quarry and have a pH value ~
5.5 and 6.5 (as determined in accordance with ASTM ET0). ~ peat ~ be
sterilized to make it free of all viable nut grass and oLher undeskat~ ~
Topsoil shall be natural, fertile, agricultural so~ capable of sustairir~ vigorous plar~
growth. It shall be of uniform composition throughout, with adrrixlu~ o1' subsoi. I~
shall be free of stones, lumps, live plants and their
page
3-3
matter. Spread topsoil mixture to a minimum depth of four inches (4") throughout all
lav~ areas and t,,,/elve inches (12") in all areas to be landscaped. Remove all rocks
and other objects over 1" in diameter.
Smooth all soil mixture to a depth of four inches (4") below top of surrounding
pavement edges.
Smooth topsoil mixture to a depth of four inches (4") below finish grade in areas to
be sodded.
Topsoil shall not be extremely acid or alkaline, nor contain toxic substances which
may be harmful to plant growth. The topsoil pH shall be in the range of pH 5.5 to 6.5.
if necessary, the Contractor shall apply the appropriate soil amendments adjusting
soil pH to assure a pH range of 5.5 to 6.5.
Finish grade all topsoil areas to a smooth, even surface, assuring positive drainage
away from the structures and eliminate any Iow areas which may collect water.'
TREE PAL PLANTIN FIAN LI
Walls of the tree pit shall conform to the shape of the root ball. '
The tree pit must be a minimum of six inches (6") larger on every side than the ball
of the tree.
Make a mound in the center of the tree pit upon which to place the tree. Make sure
when planting that the ball of the tree is 1-2 inches higher than existing grade.
Place the tree in the pit by lifting and carrying the tree by it's ball whenever possible,
other'wise wrap the trunk of the tree with burlap as tightly as possible just below a
crotch or branch. Place the tree sling around the budap and choke tightly, making
sure not to scar the tree or break branches when picking it up.
Set the tree straight and in the center of the pit .with the most desirable side of the
tree facing toward the prominent view.
Pull burlap from top of the root ball and remove., cutting any other string or twine.
Note: If root ball is fight and in good shape, remove burlap completely before setting
tree in pit. On container trees, slash the edges of the root balls from top to bottom
at least one inch (1") deep when heavily rooted. Note: If root balls are damaged
upon delivery, Contractor shall remove and replace with another specimen.
paBe
3-4
3.3 edi[ed Iro~"n marcels I~t~:l ~, EDSA.
AGEN D~, I~F.,M ~
No, ~
Mi;~ 1¼ pounds of 8-10-10 50% slow release Fertilizer p-:r one inch (1") of trunk
caliper, (measured 4 feet above ground) into existing soil taken from tree pit. Note:
Specifications may change for backfill depending on existing conditions as noted in
Section 3-3.
· Make sure trees remain straight dudng backfill procedures.
· Thoroughly backfill and water simultaneously.
· Never cover top of tree ball with soil.
· Form a water ring four inches (4") higher than existing grade between edge of root
ball and edge of pit completely around the tree. On sloping sites, build rings large
enough to hold four inches (4") of standing water.
· Use a rock bar to insure all air pockets are removed. Insert bar between the sides
of the root ball and the sides of the tree pit. Add water and soil as needed. Work
in completely around tree.
· Reform the water dng and thoroughly water again.
· Prune out any dead or broken branches.
" Remove all tags, labels, strings and wire from the tree.
· Apply a 2-3" layer of the specified mulch around the tree pit.
changes
iD~,.g, rk,-/3~/)~,z. Use the same basic procedure as a tree except for the
listed below.
Use a ¼ pound of 8-10-10 fertilizer per inch of trunk diameter.
Position the palm so that the bud is vertical during the back[ill procedure.
Protect the bud from jarring and dehydration.
Lift the palm by strapping it just above the palms center of gravity. (Do not use a
chain). Note: Gouges and scrapes can be detrimental to trees. Take all precautions
necessary to handle trees and palms properly. In general, always strap the tree
under the root ball when possible to avoid debarking the trunk with the strap.
page
3-5
In general, largest containers are to precede planting of smaller materials in the following
procedure:
· The pit shall be dug twice as large as the root ball and deep enough to allow 1-2
inches of-the root ball to set above the existing grade when planted.
· Place the plant in the pit by lifting and carrying it by the root ball. Remove the
container before planting. Note: Do not carry container plants by the foliaqe.
· Place the plant in the center of the pit with the most desirable side facing the
prominent view.
· Backfill the plant with existing soil unless otherwise specified. Pack soil around root
ball to eliminate air pockets.
Prune out any dead or broken branches.
Remove any tags, labels, stdng, etc.
Water all plantings thoroughly.
Regrade all bed areas, removing any rocks and d,
lower than any hard surfaces thus allowing for mu
Make sure edges are 3-4"
· Fertilizer shall be top dressed over the bed area, 8-10-10 at a rate of lYz-2 pounds
per-100 square feet, spread evenly, not clumps and not close to trunk of plant.
· Spread pre-emergence herbicide (Ronstar or Treflan) to bed area at a rate of ~
pound per 100 SF, if needed.
· Mulch shall be spread evenly 2-3 inches thick except at base of plants where it
should be 1-2 inches thick.
· Water again making sure to remove any mulch, fertilizer or pre-emergence herbicide
from plant foliage. Soak thoroughly.
Even though annuals take up a small percentage of the total landscape space, due to their
abundance of color, they have a tremendous impact on the overall affect of landscape
installations. When planting annuals, pay attention to detail so that the effect is maximized.
· Define the area of the annual bed by outlining the shape of the bed on the ground.
Make sure the bed is free of debds and will drain properly, as described in 3.3.
· Dig a trench along the bed lines to the depth of a shovel and toss excavated soil onto
the center of the bed.
· Spread the soil amendments evenly over the tOl~ of the existing soil. For evep/100
SF of bed area, add the following:
2 lbs. Cow manure
6 ihs. Michigan peat, 3 cu. ft. bales
10 lbs. Osmocote slow release annual fertilizer
1 lb. Truban (granular fungicide)
· Thorqughly mix these amendments to a depth of twelve inches (12") into existing soil
· This is best done by a tiller, but can be done by hand on smaller beds
· Retrench the beds and rake them smooth. They should be slightly mounded and free
of debds.
· Spread the plants according to specifications. As with container material, lay oul the
bed shape first, then fill in the mass. As akvays, spacing is cdtical to the final look of
the bed.
· By hand, plant the annuals, being very careful when removing from the pot. They are
very fragile. As with all plants, do not plant them too deeply or too high. The soil line
of the plant shall be even with the finish grade of the bed. After gently pushing the
soil around the plant, gently pull the straw or mulch back around and under the plant.
Make sure that no soil is showing through mulch.
· Water in thoroughly by soaking the entire mounded bed. Take care not to damage
fragile plants.
page
3-6
NO. ~
65;
'T,'~,~. 2'' ,~- L~,~-~/-~ ~,/..z~ ~.y. ~ (see detail 3.7 C)
U§e two (2) properly-sized stakes and appropriate tying material (i.e., wire, rubber
hose and plastic chain). Place on opposite sides o1' tree. Staking should be
completed within 48 hours of planting of the tree.
Space stakes evenly and vertically on the outside of the tree ball and drive firmly into
the ground. Stakes shall be driven at an angle and dravm to vertical. Note: Never
drive a stake through the tree bail.
· Place the hose around the trunk at the height required to provide optimum support.
Then thread the wire through the hose and pull both ends horizontatly beyond the
stake by about two feet (2').
· Cut the ends of the wire and then b, vist the wire at the rubber hose to keep it in place.
· VV~nd both ends of the wire together around the stake twice and then twist wire back
onto itself to secure. Cut off excess wire. The wire should be within 2 to 6 inches of
the top of the stake.
· The above procedures shall be followed for each stake, keeping the tree straight at
all times, there should be a 1 to 3 inch sv~y in the tree (v/ires should not be pulled
tight for best establishment).
· Remove stakes after one growing season.
Strands of 16 gauge v,~'e twisted
r~ for t~tness in the middle 2x2 PT
H as t~ll as needed fcr ~ood suppo~.
U~ 2 or 3 ~s) Ca,ending on
s~e of ~e ~nopy and ~tmn
:-.
I
~, .'" '". 1~'-24' D~pending on
· .,,,,~... .; ..' the soil conclit~ns.
74zz4, 2"" ~" ~>~,~L~, ~ (see detail 3.7 D)
Using a sub-soil anchor, select three (:3) spots evenly spaced around the tree to drive
the anchors in.
Drive in anchors making sure that the angle of the guide wires from the ground to the
tree are at a ,45 degree angle and that the tree ball has not been penetrated. Pull
hard to set the anchor after attaching guys to the tree (as shown).
Placing a piece of hose around the trunk just above the lowest stout branch, run a
rope through the hose. Tie one end of the rope to the anchor wire and make a loop
knot I foot above wire. The end of the rope is then run through the loop knot.
tightened and tied neatly, leaving enough rope for future adjustments.
Repeat this procedure for the remaining stakes
Remove guy wires after one growing season, leaving anchors in place.
AGENDA. IT, E~I ~,
No. ~.~
MAY 7 1997
Lawn grasses are similar to all plants in that they need proper pH, fertilizer, pest control
and water. Pdor to lawn (as sod) installation, the following must be done to insure a long
lasting good looking lawn.
· Adjust the pH if necessary to a range of 5.0 t0 7.0. Do this before the start of the
landscape installation.
" Establish the planting grade, removing all debds, working all areas to insure proper
drainage. Bed lines should flow smoothly and continuously.
· Lay the sod by butting each piece up to the other as tightly as possible and
staggering the joints. Avoid using small pieces whenever possible.
· Following placement or' sod, it should be rolled. Bed edges should be clean, defined
and all mulch around sod edges touched up.
· Irrigation on St. Augustine lawns should be set for twice a day. Set pop up sprinklers
for 15 minutes and rotors for 45 minutes. This should be done for 5-7 days then cut
back to once a day for 5-7 days and then put on normal schedule~
P..£OOHHEAIP£P I)LANT HA?£P..IAL5
The following plant list responds to local grov/th requirements, desire for nativity, local
landscape codes and overall success in right of way planting cohditions. NOTE: these are
not the only plants that may be appropriate for median and/or street edge conditions. Where
higher levels of maintenance are desired and provided, a broader list of shrubs and
groundcovers, padicdlady annuals, may be appropriate. Specific maintenance provisions must
be in place for acceptance of these materials by Collier County, and FDOT, it' warranted.
When selecting plant materials to be used in Collier County rights-of-way, make sure that
deviations from this list meet the character requirements in the zone where they are intended
to be planted, and that they will t'lourish with available maintenance.
HOST IHPOP.,?ANTLY: Design continuity throughout Collier County and a positive
environmental image can be substantially enhanced by adhering to a sustainable, native plant
palette consisting of a consistent, dominant species of plant materials. The following list of
plants, used in the Character Zones as described will provide a consistent landscape image.
In selection of plants for inclusion on the following list, two primary specifications have been
necessary for use in heavily impacted public transit corridors:
~~- plants should be woody in texture and resilient to a harsh environment.
All plantings must be native to or naturalized in the southwest Florida region.
Susceptibility to pests, diseases and natural soils.are also a factor in selection.
Sections 3.4 to 3.7 have be~n edited kom materials
~'~ - an overa!l goal in plant matedal selection is that plantings rely as little as
possible upon an artificial water source. Accent areas and highly urbanized areas may
support greater maintenance than would normally be appropriate in most of Collier
County's public rights-of-way. In these cases, an overt recognition should be made
and maintenance allocations be allotted for selection of maintenance - prone plantings.
~. ~. ~ pZ,4.~. ~ The following schedule of recommended plant materials have been
organized in accordance with form (i.e. Trees, Palms, Shrubs, Groundcovers and Vines).
Shrubs may also serve as groundcovers. Lawn grasses are not included on the list. In
general, St. Augustine grasses always require significant maintenance while Bahia grasses
can be more xeriphitic.
3.8.1.1
Lawn Grasses St. Augustine grasses may be appropriate where a high
level of maintenance is preferred and anticipated, such as in Activity Center
and Residential / Commercial Zones. Bahia grasses are especially
appropriate for use in medians and road shoulders where limited irrigation is
available. In lieu of grasses, decorative mulches and drought tolerant Iow
growing groundcovers may be appropriate.
3.8.1.2
Plant List Key The following schedule of plants follows with input from the
S.W. Flor[da Water Management District, the South Florida Water
Management District, and members of the Collier County Streetscape
Technical Advisory Committee. As a reference, "Hortus Third" by the Libedy
Hyde Bally Hortorium, 1976, has been consulted for technical botanical data
(see 6.0 Bibliography).
Water requirements are shown in three categories: water, natural, and drought.
Plants showing the "water" classification require frequent irrigation. "Natural" plants
can survive on normal rainfall following a grow-in period. "Drought" plants are
xeriphytic in that they require very little supplemental irrigation and survive on well
drained (sandy) soil.
Nativity refers to a natural occurrence of plant species in Florida. The symbol "N"
refers to Florida Native plants; the symbol "E" refers to exotic, introduced or cultivc-ted
plant varieties.
Salt tolerance refers to a plant's ability to thrive within the salt spray zone (¼ mile) of
saltwater bodies. NONE, HIGH, and Moderate (MOD) are categories which reflect a
plant's tolerance of saline conditions.
Character Zone refers to the applicable use of plant matedal in specific Character
Zones as identified in the SSMP. The following key has been used in the
Recommended Plant Material List:
AGEND,~ [T E.M~
[No. ~
page
3-11
R
RESIDENTIAL ZONE
U/R
AC
U
A
C
ALL
URBAN I RESIDEN'r:IAL ZONE
ACTIVITY CENTER ZONE
UTILITY ZONE
AGRICULTURAL ZONE
CONSERVATION
ALL CHARACTER ZONES
Scientific Name Common Name Tolerance R_.~qui,rement J Zone
TREES
Acer rubrum Red Maple N NONE Water ALL'
Bauhinia variegata Orchid Tree E NONE Drought R, U/R, AC
Bursera simaruba Gumbo Limbo N HIGH Drought ALL
Bucida buceras Black Olive E NONE Natural R, U/R, AC
_Callophyllum inophyllum CaIIophyllum E NONE Water R, U/R, AC-
Caesalpinia pulcherrima Dwarf Poinciana E NONE Water R, U/R, AC_j
Callistemon viminalis Weeping Bottlebrush E MOD Drought R, U/R, AC
Callistemon rigidus Upright Bottlebrush E MOD Drought R, U/R, AC
Cassia surattensis Glaucous Cassia E MOD Natural R, U/R, AC-
Chorisia speciosa Floss Silk Tree E HIGH Natural R. U/R, AC-
Chrysophyllum oliviforme Satin Leaf N MOD Drought ALL
Coccoloba uvifera Seagrape N HIGH Natural ALL
Conocarpus erectus Green Bultonwood N HIGH Drought ALL
Conocarpus erectus _
'sericeus'
-------_. Silver Buttonwood N HIGH Drought ALL
' native p/ants requiting water should be ~tanted in -":~~-~ '-----'--"---' '"'"--'"-'-"-'"-
zones. ~. , ,a,,v~ we~ erea lfure and conservation
page
3-12
J I Salt Water I Character
Scientific Name Common Name Nativity Tolerance Requirement Zone
Cycas circinalis Queen Sago E NONE Natural ALL
Delonix regia Royal Poinciana E MOD Drought ALL
Eriobotrya japonica Loquat E MOD Natural Fi. U/R. AC
Ilex cassine Dahoon holly N MOD I Water ALL
Jacaranda acutifolia Jacaranda E NONE Natural Fi. U/R. AC
Ligustrum japonicum Ligustrum E MOD Drought Fi. U/R, AC
Ligustrum lucidum Glossy Privet E MOD Drought R, U/R, AC
Magnolia grandiflora Southern Magnolia N MOD Drought ALL
Myrica cerifera Wax Myrtle N HIGH Natural ALL
Noronhia emarginata Madagascar Olive E MOD Water R, U/R, AC
Parkinsonia aculeata Jerusalem Thorn E MOD Drought R. U/R, AC
Peltophorum dubium Yellow Poinciana E NONE Natural R, U/R, AC
Persea Borbonia Red Bay N MOD Natural ALL
Pinus ellio~'i Slash Pine N MOD I Natural ALL
Pongamia pinnata Pongam , I E MOD I Water R, U/R. AC
Quercus laurifolia Laurel Oak J N MOD I Natural ALL
Quercus virginiana Live Oak j N HIGH I Natural ALL
Swietenia mahogani Mahogany N HIGH I Drought ALL
Tabebuia argentea Yellow Trumpet Tree E HIGH Natural R, U/R, AC
~ Tabebuia caraiba Silver Trumpet Tree E MOD Drought R, U/R, AC
Tabebuia heterophyllis Pink Trumpet Tree ] E MOD I Drought R, U/R, AC
Tabebuia impetiginosa Purple Trumpet Tree i E MOD Drought R, U/R, AC
Tamafindus indica Tamadnd E MOD Natural R, U/R. AC
Ta×odium ascendens Pond Cypress N NONE Water C
Taxodium distJchum Bald Cypress N NONE Water C
,,,Tecoma stans Yellow Elder N MOD Drought ALL
AGEN D~v I:[EJH ,~
page
3-13
I [ Salt [ Water Character
Scientific Name Common Name Nativlly Tolerance Requirement Zone
Arecaslrum
romanzoffianum Queen Palm E MOD Drought IR. U/R. AC
Butia capitata Butia Palm E MOD Natural R. U/R. AC
Chamaerops humilis European Fan Palm E HIGH Natural R. U/R. AC
Cocos nucifera Green Malayan E HIGH Natural R. U/R. AC
Livistona chinensis Chinese Fan Palm E MOD Natural R. U/P,. AC
Phoenix reclinata Senegal Date Palm E MOD I Natural R. U/R. AC
Phoenixroebelenii Pygmy Date Palm I E . NONE I Drought AC
Roystonea elate Flodda Royal Palm N MOD I Natural ALL
Serenoarepens Saw Palmetto N HIGH i Natural ALL
Washingtonia
robusta
Washington Palm E MOD I Natural AC, U/R
Bougainvillea spp. Dwarf Bougainvillea E HIGH · Natural R, U/R. AC
U
Calliandra I
haematocephala Powderpuff E MOD Drought U/R, AC
Callicarpa americana Beaulyberry E MOD I Natural R, U/R, AC
Carissa spp. Natal Plum E HIGH
Natural
R,
U/R,
AC
Chrysobalanus icaco Red Tip Cocoplum E HIGH I Natural R. U/R. AC
Coccoloba urifera Seagrape N HIGH Natural ALL
Crinum spp. Crinum Lilly N MOD Natural ALL
Cycas revoluta King Sago E NONE Natural R. U/R. AC
Elaegnus pungens Silverthom E HIGH Natural R. U/R. AC
Ewthrina herbacea Coral Bean N MOD Natural ALL
Eugenia uniflora Sudnam Cherry E MOD Natural R. U/R. AC
Euphorbia shieldsii Dwarf Crown o1' Thorn E NONE Drought R. U/R. AC
Galphimia glauca Thryallis E MOD Drought R. U/R. AC
Gamolepis
chrTsanthemoides Bush Daisy E MOD Drought AC
page
3-14
Sc|entitic Name Common Name Nativity Tolarence Requirement Zone
-libiscus coccineus ~: Swamp Hibiscus N NONE I Water C
Hibiscus rosa-sinensis Hibiscus Rose of China E MOD Water AC
Ilex glabra Gallberry N MOD Natural ALL
Ilex vomitoria Shillings Holly N MOD Natural R. U/R. AC
'schillings'
xora coccinea Ixora E MOD Natural P,, U/R, AC
Jasminum multiflorum Downy Jasmine E MOD j Drought R, U/R.
AC
Jasminum nitidum Shining Jasmine E MOD Natural R. U/R. AC
Juniperus chinensis Juniper E MOD Natural R. U/R. AC
I
Muhlenbergia capillaris Hairgrass N MOD J Drought ALL
Murraya paniculata Orange Jasmine E MOD Natural R, U/P,. AC
Nerium oleander 'nana' Dwarf Oleander E HIGH Natural AC
Paspalum notatum Bahia Grass E MOD Natural R. U/R. AC
Pennisetum setaceum Green Fountain Grass E MOD Natural R, U/R, AC
Philodendron selloum Philodendros E NONE I Natural R. U/R. AC
Pittosporum tobira Green Pittosporum E HIGH I Drought R. U/R. AC
Pittosporum tobira Varigated
'varigata' Pittosporum E HIGHI Drought R, U/R. AC
Plumbago auriculata Plumbago E MOD I Natural AC
Psidium littorale Strawberry Guava E MOD I Drought R. U/R. AC
Raphiolepis indica Indian Hawthorn E HIGH Natural R. U/R. AC
Russelia equisetiformis Firecracker Plant E MOD Natural UIR, AC
Schefflera arboricola Dward Schefflera E MOD I Natural U/R. AC
Sophora tomentosa Necklace Pod N HIGH I Drought ALL
Spartina bakeri Sand Cordgrass N HIGH Drought ALL
Strelitzia reginae Bird of Paradise E NONE Drought U/R, AC
Stachylarpheta
I jamaicensis Blue Porterweed N MOD Drought ALL
Tripsacum dactyloides Fakahatchee Grass N MOD Natural ALL
page
3-15
I Salt Waler Character
Scientific Name Common Name Nativily Tolerance Requirement Zone
Tripsacum floridana El. Gama Grass N MOD Natural ALL
Viburnum suspensum Sandankwa V~b. E MOD Drought R, U/R, AC
Zamia furfuracea Cardboard Plant N HIGH Drought R, U/R, AC
GROUNDCOVER
Catharanthus roseus Periwinkle N HIGH Natural ALL
Convolvulus spp. Blue Daze E NONE Drought R, U/R, AC
Cdnum amedcanum Swamp Lilly N MOD Water ALL
Cuphea hyssopifolia False Heather E [' NONE Drought R, U/R, AC[
Gerbera jamesonii Gerbera Daisy E NONE Drought R, U/R, AC
Helianthus debilis Beach Sunflower N HIGH Natural ALL
Hemerocallis spp. Day Lilly E HIGH Drought U/R, AC
Hippeastrum spp. Amaryllis I E NONE- Natural U/R, AC
Juniperus confeda Shore juniper I E HIGH Natural R, U/R, AC
Juniperus 'parsonii' Parsons juniper I E' HIGH Natural R, U/R, AC ~
Lantana 'Trailing [
Lantana montevidensis Lavender' N HIGH Natural ALL pag
- ,3-1
Lantana 'Spreading
Lantana spp. Sunset' N HIGH Natural ALL
Lantana spp. Gold Mound N HIGH Natural ALL
Liriope muscad Evergreen Giant E MOD Drought R, U/R, AC
Liriope muscari 'varigated' Aztec Grass E MOD Drought R, U/R, AC
Ophiopogon japonicus Mondo Grass E HIGH Drought R, U/R, AC
Pelargonium spp. Geranium E NONE Natural U/R, AC
Piloblephis rigida Pennyroyal E NONE Natural U/R, AC
Portulaca spp. Purslane E HIGH Drought U/R, AC
Rhoeo spathacea Dwarf Oyster Plant E MOD Natural U/R, AC
'nana'
Rumohra adiantiformis Leather Leaf Fem N _MCq') Drought U/R, AC
I' A6 :nu~ ,1.1 t.~
MAY ,e
Scientific Name Common Name Nativity Tolerance Requirement Zone
Trachelospermum Dwarf Conferderate
asiaticum Jasmine E MOD Drought R, U/R, AC
Zardia pumila Coontie N HIGH I Natural ALL
Antigonon leptopus Coral Vine E NONE Natural U/R, AC
Bougainvillea spp. Bougainvillea E HIGH Natural R, U/R, AC
Clerodendrum Bleeding Head
thomsoniae Vine E NONE Natural R, U/R, AC
Ficus pumila Creeping Fig E HIGH Drought U/R, AC
Hedera canariensis Algerian Ivy E HIGH Drought U/R, AC
Ipomoea pes-caprae Railroad Vine N HIGH I Drought R, U/R, AC
Ipomoea stolonifera Beach Morning Glcry N HIGH Natural R, U/R, AC
]
Pyrostegia
I E MOD I Drought AC
venusta
Flame
Vine
Tecomaria
capensis
Cape Honeysuckle I E MOD ' I Natural R, U/R, AC
r
page
3 -17
AG E hlD,~ITEM~.
MAY 2 7 1997
All landscapes, in Activity Center, Urban/Residential and Residential Streetscape Zones
including xeriscape concepts and designs shall be irrigated by means of an irrigation system.
The term "Xeriscape" refers to landscape with drought tolerant plants, not landscape without
water. The primary concept of xeriscape is to create a landscape that requires a minimal, but
efficient application of water. The irrigation system shall be designed in a manner that it can
reflect efficient use of water including non-potable reclaimed w~-ter, maintenance ease,
longevity and to be environmentally safe. The method of implementation shall present safe
conditions for pedestrians and vehicular users, by virtue of avoiding and eliminating the
possibilities of excessive water overspray and run-off into non-landscaped designated areas.
Systems shall be designed for the use of non-potable reclaimed water even if a source is not
available at the time of design. Above ground spray irrigation may not be permitted in State
right of ways. Consult Collier County D.O.T. staff for current requirements for County right of
ways.
Lt.2 APPLIOATION H£TF/ODJ;
Irrigation design should provide for application efficiency. Due to safety 'considerations. the
preferred technique of irrigation is subsurface. Spray head irrigation is discouraged because
spray heads present less efficient water application and may be subject to overspray. For
example, spray heads in shrub and ground cover planting areas will present distribution
uniformities of fifty (50) percent or less. Rolary head irrigation can be acceptable Jn areas
large enough to permit adequate operation and application without overspraying into non-
landscaped designated areas.
Sub-surface drip irrigation can reach distribution uniformity levels as high as ninety five (95)
percent when properly designed and installed. Advantages of sub-surface drip irrigation are:
lower liability risk (no overspray or runoff onto paved surfaces); less vandalism (installed below
ground); easier to maintain, once maintenance personnel become familiar with the concept
and methods of operation; improved application efficiency; improved soil aeration due to Iow
application rate; capability to fertilize while watering; reduction of weed growth (elimination of
aerosol spray which encourages weed germination); improved and healthier plant growth;
longer life expectancy for components; lower long term operation costs; and reduction of water
consumption costs, resulting in fifty (50) percent conservation.
page
4-1
IHPL£HENT/tTION
/./,~. '/ ~.,~'~.~/.gz4,~ ~ ~'~vz. ("~2) ,~'~, shall be irrigated with sub-surface
drip irrigation when possible, regardless of plant material. Landscape areas consisting of mulch
in the [oma of rock aggregate, organic materials, or other qhall
irrigated w~h sub-surface drip irrigation, and may be irrigated with spray heads as long as
methods to eliminate runoff and backspray onto non-landscaped designated areas have been
provided.
4. $'-$ ~ ¢,G~,c~,r~4cz,¢~ (20,) ,~zz$,0,,,,,,¢,-~,~ shall be irrigated with rotary heads
as long as the designer can demonstrate methods to eliminate runoff and backspray into non-
land~caped designated areas. The use of sub-surface drip irrigation is encouraged.
Supplemental irrigation for canopy trees, ornamental trees, and palm trees is acceptable as long
as the supplemental amount can be zoned separately, Tree rings with inline tubing installed
below grade are preferred over bubblers.
OP£PC?IkI¢
The designer shall be responsible for designating operating pressures and methods for control
operations. Pressure may be controlled by means of using the following: pressure reducing
valves at the point of supply; pressure regulating devices installed at the zone control valve;
direct pressure control valves installed after the zone control valve; and'pressure regulating
items built within the sprinkler body. The use of pressure regulating devices installed at lhe
nozzle is discouraged but not prohibited. Operating pressure for'spray heads shall be 30 psi
and;for rotary heads 50 psi.
IP,.P,,ICiATION LAYOWT .Z DEfl ;N
All irrigation systems for use in public rights-of-way in Collier County shall be prepared by
qualified irrigation designers, state licensed landscape architects, or civil engineers.
Recommendations and warranties of manufacturer's syslem components shall govern
installation procedure, requirements, and maintenance.
page
4-2
q.'l OPEP../tTINCi OFIEPWL£
Irrigation plans shall include an operating schedule that reflects seasonal changes and identifies
plant types wilh different water needs provided as part of the overall irrigation design. The
designer shall specify evenly divided multiple start limes '(minimum four (4) per program) per
irrigation cycle.
ERLIIPHEN? SELEOTION
~-/.~.J ~c,~,~o,,,V ~ shall be as diclated by local, state and national codes. Above
ground piping to backflow prevention units shall be lype "K" sweated copper or as approved by
state of Florida DOT and Collier County.
~.~-2 ~ ~ ~'~ are preferred over pvc ba~, valves.
~.~.~ ~ shall be capable of being operated and managed by means of remote
control technology. The designer shal~ be responsible for selecting equipment
required/preferred by the owner. The controller shall have a minimum of three (3) or more
independent operating programs that can operate concurrently. -fhe controller shall have
multiple start times capability, with a minimum of four (4) start times per program. The
controller shall have the following: input devices for rain and soil moisture sensors; water
budgeting features; non volatile memory; and dual surge protection. All controllers shall be
grounded as recommended by the manufacturer.
4. ~'. [-/' ~z-,L~ 4z4.,.~4.-,, shall be installed as per manufacturer recommendations. The sensor
shall be located in an open area away from trees or palms and clear of any structural or
negative interference. The location shall be accessible to maintenance personnel.
[~. ~. ~ .~.L/.,,,-~,~~,~44. shall be installed in areas that present different micro-climatic
conditions, soil changes and plant material with different water needs. These areas may
include: turf areas; areas with xeriphytic plantings and areas with hydrophytic plantings.
~.,~.~ ~/z-,~z4. manual, quick coupling and zone control valves .shall be installed in
protective enclosures, preferably one quick couplin9 valve shall occur for every three hundred
(300) lineal feet of landscaped area. Freeze sensors shall be installed. Follow
manufacturers recommendations for installation.
~.~.'~ /LCz--~;.,~ ~4-e.4, ~-.~. ~---~- all main lines shall be class 200 pvc or stronger rating.
All main lines carrying non-potable reclaimed water shall be color marked. If the system is
replaced at a later date by non-potable reclaimed water, the designer shall specify the non-
potable reclaimed water piping. One pressure check point shall occur for every one thousand
(1,000) tineal feet of irrigation main line. Depths of valve box locations shall be governed by
those set forth by the Florida Department of Transportation and the Florida Irrigation Society.
~.¢.~ ~ shall occur at all points where main lines, lateral lines, or control wiring
crosses a paved surface. The sleeve size shall be two pipe sizes longer than the piping
occurring within them. All sleeving shall be in entire lengths of thirty six (36) inches longer
at each end than the paved surface being crossed.
page
4-3
All sub-surface drip irrigation systems shall have components as recommended by
manufacturers. The systems shall include the following: filtration elemenl$; automatic flush
valves; pressure regulating devices; and air/vacuum relief valves.
~.'~0/] ~),t~,~ ~/,,zz-~,. for tud areas shall have a minimum stem height of six (6)
inches. Pop-up bodies with stem heights o! less than six (6) inches shall not be allowed.
· 0 7_ ~ ~ ~ ~ for tuff, areas shall have a piston height of four (4) inches
r rearer, e use of nozzles with cuKain like coverage application are encouraged.
~."]0.~ ~),t~,~ /,zz~,. for shrub and ground cover areas shall have a
minimum stem height o! twelve (12) inches. Pop-up sprinkler bodies with stem heights of
less than twelve (12) inches shall not be allowed within twenty four (24) inches or inside of
planting areas.
~t.'~0.~ ~ ~ ~.LT/~ mounted on risers shall be allowed as long as the units do
not occur adjacent to the perimeter of planting areas. Risers shall be schedule 80 pvc. No
risers shall occur adjacent to tuff, areas, sidewalks or vehicular circulation areas.
4"~D' ~ ]b.o~.t~. ~~"~~" installed in tuff, areas adjacent to paved areas shall
not occur within nine (9) inches of the paved surface or back of curb. Pop-up sprinklers
installed within the perimeter of planting bed lines adjacent to paved surfaces, shall be
installed in line with the center line of the first row of plantings or a minimum of eighteen (18)
inches away from the paved surface or back of curb.
t4.,~D.~ ' ~j~,f..t. ~z.~7.~-~-- Iow angle nozzles are recommended and preferred where
possible.
~.'~0.') 0,_.~..vs. - to sprinklers shall be 18" lengths of lexible PVC pipe with solvent
weld glue or barded fittings. In cases where operating pressures are higher than 50 psi,
screw clamps shall be used for securing fittings to tubing. For applications where a
sprinkler's gaIionage flow exceeds 6 G.P.M., premanufactured swing joint assemblies shall
be used instead of flexible PVC. Soft poly-nipples and hand-made swing joint assemblies
shall not be used.
~.'~0.~ ~ of spray heads shall be uniform and provide for 100 percent coverage,
head-to-head.
~.'~0.~ J~ ~'~' ~ ~.~using above ground spray shall permit overspray
to adjacent paved surfaces used for vehicular traffic.
.II TYPlt3fl£ IP.,P.,Iqtt?lON bE.T/tl£$
The following design details are provided to guide implementation of irrigation concepts only
and do not represent complete design solutions for
NO,
page
4-4
Double row of tubing per shrub row layout section for plantings with
spacings of 36" or greater
Single row of tubing per shrub row layout section for i~lantings with
spacings of 30" or greater
page
4- S
Single row o[ tubin§ per shrub row layout section [or plantings with
spacings of 18" or greater
Inline tubing for turf grass application layou section
:'.'~x LAY[R, AS $~'£c~r~£o. ~.
INUN[ 'T'~Jl~llN~ l~¢ST,IqJ,~O
TU~NC SP~NC Wlll D~.~.,P[ND _
TUglNC. PRO'VlCC ~[
STAX[ P£R FIV'I: Lit. OF TUBING
UHD~TURB[D SO~L :,,~, ',~,,
page
4-6
Typical center feed layout schematic
AU'[CUAT1C I'LL,'~4 V~LVI: ~
~ / v~ ~ v~ -- k II ~ i i i i I i I I
Spray head use at planting areas within a median layout section
page
4-7
AGEIL{:)4
The following schedule has been prepared according to Collier County Department of
Transports. rich known funding resources. It also reflects avail~-bitity of new roads for
landscaping and represents what Collier County D.O.Ti has determined to be "Gateway"
roadways, or those which represent priorities of all roadways identified on the streetscape
network.
Priorities may be re-established annually, in concert with updates of roadway construction
schedules and funding resources made available for landscaping during County annual budget
proceedings.
It must be noted that the following five and fifteen year schedules will not complete the
streetscape net:work within a 15-year planning schedule. Identified funding resources will
provide for construction of new streetscapes in the range of three (3) to four(4) miles per year.
A fifteen (15) year build-out of streetscapes would require double this rate of activity.
Collier County, working with pdvate entities, may elect to accelerate the construction schedule
from year-to-year by use of the following potential funding mechanisms:
· Federal
· State
· Local
· Corporations
· Foundations
· Individuals
· Road Tax
· Gas Tax
· Special District (MSTU) Tax
· Special Referendum
· Improvement Districts
· Sales Tax
page
5-1
· Public/Private Partnerships
· 100% Individual (Personal, Corporate)
· Group Donations (Frontage Ownership).
Time Frame / Project Cost Funding
Projects Capital Maintenance Sources
FY 96/97
FY 97/98
Vanderbilt Beach Road
(41 West)
Davis Boulevard
(41 to Airport)
C.R. 951 (Ph.ase I)
(specific locations between
G.G.Pkwy & S.R. 84-Davis)
FY 98199
Davis Boulevard
(Airport to Kings Way)
Projects already funded and completed.
S250,000 $100,000
$175,000 S 50,000
S280,000 ~S 80,000
S605,000 $230,000
S230,000 $ 65,000
Pub/Private-Capital
Pub/Private-Maintenance
County/DOT-Capital
County/DOT Maintenance
Private as a portion
County-.Capital
County-Maintenance
Davis Boulevard
~c.,--.~ (Kings Way-Santa Barbara S280,000 $ 80
~,,....
County/DOT-Capital
County/DOT-Maintenance
County/DOT/Private-Cap
,,ate-
No.
~ance
MAY 2, ? 1997
page
5-2
Vanderbilt Beach Road
(GoodLette to Airport)
Immokalee Road
(Airport to 1-75)
FY 99100
U.S. 41 East
(SR 84 to Airport)
SR 951
(Specific Locations
between US 41 and
Mainsail Drive)
FY 00/01
Airport/Pulling Road
(Pine Ridge to
Vanderbilt Beach Rd)
US 41 North
(Myrtle to 846)
$220,000 $ 55,000
s35o,ooo $1oo,ooo
$1,080,000 $300,000
S210,000 $ 60,000
S300,000 $100,000
$510,000 $160,000
S180,000 S 55.000
S650,00q S185,000
$830,000 $240,000
Private-Capital
County/Private-Maintenance
Private-Capital
County/Private-Maintenance
County/DOT-Capital
County/Priv-Maintenance
County/Priv-Capital
County/Priv-Maintenance
County-Capital
County.-Maintenance
· County/Priv-Capital
County/Priv-Maintenance
The Fifteen Year Schedule of roadway landscape shows improvements for the period
1996/1997 through the year 2010/2011. Since the Five Year Improvement Program (Section
5.2) includes roadways planned for improvement from 1996/1997 through 2000/2002, the
following schedule includes landscape on roadways planned for improvement from 2001/2002
through 2010/2011.
As with the Five ,Year Schedule, this fifteen year schedule is subject to amendment on an
annual basis. Also, private sector initiatives may add to or accellerate road landscaping
beyond that which is currently anticipated in the 5/15 Year Programs.
page
5-3
Time Frame / Project Cost Funding
Projects Capital Maintenance Sources
FY 01/02
US 41 East
(Airport to Rattlesnake)
S300,000 5100,000 See Notes
Airport-Pulling Road
(Pine Ridge to Vanderbilt)
$375,000 $125,000 See Notes
$675,000 5225,000
FY 02/03
Immokalee Road
0-75 to Logan)
S175,000 S 50,000 See Notes
US 41 North
(846 to Wiggins)
S300,000 5100,000 See Notes
5475,000 $150,000
FY 03~04
CR 951
(SR 84 to Rattlesnake)
S550,000 5175,000 See Notes
Airport-Pulling Rd
(Vanderbilt to Immokalee)
S350,000 S100,000 See Notes
$900,000 5275,000
FY 04/05
Pine Ridge R6ad
(Airport to 1-75)
S350,000 $100,000 See Notes
SR 951
(US 41to Manatee)
S275,000 $ 75,000 See Notes
$625,000 $175,000
FY 05~06
Vanderbilt Beach Road
-' (Airport Rd to Livingston) 5175,000 $ 75,~u30__ ~e Note~
/
AGE¢tD&
MAY 2 7 1997
page
5-4
Time Frame I
Projects
Project Cost
Capital Maintenance
Funding
Sources
US 41 East
'(CR 951 to Barefoot Wm)
_S250,00q S 75,000
$425,000 $150,000
FY 06/07
SR 951
(Manatee to Mainsail Dr)
See Notes
FY 07/08
US 41 East
(Barefoot Wm to Rattlesnake)
$525.000 ,$150,000 See Notes
CR 951
(Pine Ridge to Vanderbilt)
5575,000 S175,000 See Notes
FY 08~09
Immokalee Road
(Logan to CR 951)
S350,000 S100,000
$925,000 5275,000
CR 951
(Vanderbilt to Immokalee)
See Notes
FY 09/10
Davis Boulevard
(Santa Barbara to SR 951)
S350,000 S100,000 -See Notes
Pine Ridge
(Logan to CR 951)
S350.000 S100,000
S700,000 5200,000
FY 10111
CR 951
(Rattlesnake to US 41)
See Notes
SR 951
(Mainsail to Marco Rd)
S475,000 5125,000 See Notes
S350,000 S 95,000
$825,000 S220,000
See Notes
S525,000 S150,000 See Notes
5350.000 $100,000
S875,000 $250,000
1. Program scheduling is designed to follow capital ro
'Gateway' projects to two per year.
See Notes
ifing annual
page
5-5
2. Golden Gate Parkway is designated as a Gateway Roadway but due to the scheduled
construction of the 1-75 Interchange, the roadway is not expected.
3. The level of landscaping in medians is planned to be reduced where development along
the applicable road frontage is rural in character and where the importance of the
'Gateway' function is less (see previous Sections 2.0 and $.0).
4. 'Cost data is in current dollars with typical design/installation estimated at S175,000 / mile
and operation / maintenance at S50,000 1 mile.'
5. Funding sources remain subject to a project-by-project analysis with major sources
expected to be private sector in-kind donations, FDOT Grants, Public/Private Grants,
County-wide funding and special benefit district funding.
· Roadway typical costs by Character Zone are as follows in 1996 Dollars (U.S.):
Capital S / Mile $ 220,000
Maintenance S/Mile $ 50,000
Capital S / Mile S 200,000
Maintenance S/Mile S 40,000
Capital S I Mile S 150,000
Maintenance $/Mile $ 40,000
Capital S / Mile S 75,000
Maintenance $ / Mile S :30,000
Capital S / Mile S 50,000
Maintenance S/Mile S 40,000
Capital and
Maintenance S - add .25 to adjacent zones
page
5-$
No. ~
MAY. 7 1997
American Association ot Nurserymen. Nursery Stock Standards.
Americans with Disabilities Act of 1990.
Austin, Daniel F.' Exotic Pest Plant Council's 1993 List of Florida's Most Inva$ive Species.
Boca Raton, FL: Florida Atlantic University, Biological Sciences.
Bailey, L. H. and E.Z. Bailey. Hofius Third. 1976
Bassuk, Nina and Peter Trowbridge. Site Preparation and Soil Physical Modification.
Cornell University.
Black, Robert J. and David F. Hamilton. Native Plants for Home Landscapes. Gainesville,
FL: University of Florida, Florida Cooperative Extension Service, Institute of Food and
Agricultural Sciences.
Brown,
Sydney Park and Michael J. Holsinger. Considerations for a Lawn and Landscape
Maintenance Contract. Gainesville, FL: University of Florida, Florida Cooperative
Extension Service, Institute of Food and Agricultural Sciences ('accordingly with the
latest edition)
Busey,
Philip. Genotype Selection and Seeding Rate in Bahia Grass Estabfishment.
Gainesville, FL: University of Florida, Florida Cooperative Extension Service, Institute
of Food and Agricultural Sciences (accordingly with the latest edition)
Cannon, R.D. Solid Waste Compost. Memorandum to Gary Henry, November 24, 1992.
Collier County Land Development Code, as amended.
Collier County Model Validation and Long Range Plan Update, David Plummer and
Associates.
Collier County (Naples) Metropolitan Planning Organization's 1996/1997 Transportation
Improver'oent Program - June 28, 1996.
Federal Highway Administration. Manual on Uniform Traffic Control Devices for Streets
and Highways. Washington, DC, 1988.
Federal Insecticide, Fungicide and Rodenticide Act.
Florida Department of Agriculture and Consumer Services. Grades and Standards for
Nursery Plants, Part i and !1.
Florida Department of Agriculture and Consumer Services. A Guide to Tolerances of
Selected Trees and Shrubs for Florida. Divis 1975.
page
6-1
Florida Department of Agriculture and Consumer Services. Introduction or Release of
Plant Pests, Noxious Weeds, Arthropods, and Biological Control Agents. Tallahassee,
Florida: Rule Chapter 5B-57.
Florida Department of Environmental Protection. Florida Prohibited Aquatic Plants. Rule
Chapter 16C-52.
Florida Department of Transportation. Design Elements Related to Highway Safety.
Tallahassee, FL: Standard Index No. 700. (accordingly with the latest edition)
Florida Department of Transportation. Establishment of Bahia Grass along Florida
Rights of way. Prepared by: Busey, Philip. Gainesville, FL: University of Florida,
Institute of Food and Agricultural Sciences. December 1987.
Florida Department of Transportation. Florida Highway Beautification Council. Tallahassee,
FL: Rule Chapter 14-92. (accordingly with the latest edition)
Florida Department of Transportation. Florida Highway Landscape Guide. Tallahassee,
FL: April 14, 1995.
Florida Department of Transportation. Florida's Design Standards for Resudacing,
Restoration and Rehabilitation (3R) of Streets and Highways. Tallahassee, FL.
(accordingly with the latest edition)
Florida Department of Transportation. Guide to Chemical Weed and Grass Control
Tallahassee, FL. (accordingly with the latest edition)
Florida Department of Transportation. A Guide to Roadside Mowing. Tallahassee, FL.
(accordingly with the latest edition)
Florida Department of Transportation. Highway Beautification Program, Part 1, Control of
Outdoor Advertising. Tallahassee, FL: Chapter 14-10. (accordingly with the latest
edition)
Florida Department of Transportation. HighwayLand$cape Improvements. Tallahassee, FL.
Rule Chapter 14-40. (accordingly with the latest edition)
Florida Departr~ent of Transportation. Improved Quality along Florida's Roadsides through
Selection, Establishment, and Maintenance of Existing and lnt'roduced Vegetation.
Prepared by: McCarty, L.B. and D.L. Colvin. Gainesville, FL: University of Flodda.
July 1989.
Florida Department of Transportation. Landscape Plans Review Procedure. Tallahassee,
FL: Topic No. 650-050-001, February 3, 1994.
Florida Department of Transportation. List of Noxious Plants. Prepared by: Donelin, Dan W.
and Lester L. Linscott. Gainesville, FL: University of Florida, Department of
Landscape Architecture. ^G[i'IDA, I~'F..hl \
page
6- 2
Florida Department of Transportation. Maintenance Management Systems. Tallahassee, FL:
Procedures Topic Number 325-010-001. (accordingly with the latest edition)
Florida Department of Transportation. Project Development and Environmental Guidelines.
Tallahassee, FL. (accordingly with the latest edition)
Florida Department of Transportation. Recommended VvT~Idflowers and Suggested Cultivation
Methods. Tampa, FL: District VII. (accordingly with the latest edition)
Florida Department of Transportation. Roadway Plans Preparation Manual. Tallahassee,
FL. (accordingly with the latest edition)
Florida Department of Transportation. Sight Distance for Intersection. Tallahassee, FL:
Standard Index No. 546. (accordingly with the latest edition)
Florida Department of Transportation. Standard Specifications for Road and Bridge
Construction. Tallahassee, FL. (accordingly with the latest edition)
Florida Department of Transportation. State Highway System Connection Permits.
Tallahassee, FL: Rule Chapter 14-96. (accordingly with the latest edition)
Florida Department of Transportation. Traffic Control through Work ~.ones. Tallahassee,
FL: Standard Index, Series 600. (accordingly with the.latest edition)
Florida Department of Transportation. Tree Trimming and Removal. Tallahassee, FL:
Section M580. (accordingly with,the latest edition)
Florida Department of Transportation. Utility Accommodation Manual. Tallahasse--, FL:
Document No. 710-020-001. (accordingly with the latest edition)
Florida Department of Transportation. Vegetation Control and Outdoor Advertising Signs.
Tallahassee, FL: Rule Chapter 14-13. (accordingly with the latest edition)
page
6-3
Florida
Department of Transportation. Vegetative Establishment and Maintenance of
Roadside Areas. Prepared by: Taha, F.A. Gainesville, FL: University of Florida,
Department of Ornamental Horticulture.(accordingly with the latest edition)
Florida DepartmentofTransportation. Wildflowers in FIofida. Tallahasse.e, FL: Environmental
Management Office, November 1994. (accordingly with the latest edition)
Florida Division Of Forestry. Recommended Trees for Home Planting in ¥our Area. District
10-14 and District 15.
Florida Natural Areas Inventory. The Guide to the Natural Communities of Florida.
Florida Statutes. Department Powers and Duties. Chapter 334.044 (25).
Florida Statutes. Exceptions; Exemptions from
Florida Statutes.
Florida Statutes.
369.25.
Harvesting of Sea Oats and Sea Grapes Prohibited. Chapter 380.041.
Invasive Non-Native Plants: Prohibition; Study; Removal; Rules. Chapter
Florida Statutes. Outdoor Advertising. Chapter 479.
Florida Statutes. Plant Protection Law. Chapter 581.185.
Florida
Florida
Statutes. Scenic Highway Designation. Chapter 335.093(1)(2).
Statutes. State Highway Construction and Maintenance; Xerfscape Landscaping
within Rights-of-way. Chapter 335.167.
Florida Statutes. Trees or Other Vegetation within Rights-of-way of State Highway System;
Removal or Damage; Penalty. Chapter 337.405.
Gilman, Edward F. and Robert J. Black. Community Tree Care. Gainesville, FL: Florida
Cooperative Extension Service, Institute of Food and Agricultural Sciences, University
of Florida, October 1991. (accordingly with the latest edition)
Gilman, Edward F. and Robert J. Black. Pruning Landscape Trees and Shrubs. Gainesville,
FL: University of Florida, Florida Cooperative Extension Service, Institute of Food and
Agricultural Sciences. (accordingly with the latest edition)
International Society of Arboriculture. Evaluation of Hazard Trees in Urban Areas.
Kuhns, Larry J., Paul W. Meyer and James C. Patterson. Creative Site Preparation.
University Park, PA: Pennsylvania; Philadelphia, PA: University of Pennsylvania; and
Washington, DC: Center for Urban Ecology National Capital Region, National Park
Service.
St. John River Water Management District and Southwest Florida Water Management District.
A Guide for Local Governments Water-efficient Landscaping. July 1992.
Smeal, Paul L. and Bonnie Appleton. Guidefines for Planting Landscape Trees. Virginia
Tech and .Virginia State Universities, Virginia Cooperative Extension Service, 1988.
Southwest Florida Management District. Tud Grass Maintenance RequTrements.
(accordingly with the latest edition)
Taylor, Norman. Taylor's Encyclopedia of Gardening. The Riverside Press, 1961.
Toxic Substances Control Act.
Uniform Plumbing Code.
AGENDa, I,l' F..I~
page
6-4
The following entities may provide up-to-date information relative to roadway landscapes in
Collier County. Addresses may change over time.
COLLIER COUNTY TRANSPORTATION DEPARTMENT
3301 Tamiami Trail East- Bldg D
Naples, Florida 34112
774-8191
FLORIDA COOPERATIVE EXTENTION (IFAS)
14700 lmmokalee Road
Naples, Florida 34120
353-4244
COLLIER COUNTY LANDSCAPE ARCHITECT
Development Services
2800 Horseshoe Drive North
Naples, Florida 34104
643-8400
CITY OF NAPLES, COMMUNITY SERVICES
735 8th Street South
Naples, Florida 34102
434-4680
FLORIDA DEPARTMENT OF TRANSPORTATION:
District Landscape Architect
D.O.T.- Bartow
P. O. Box 1249
Barrow, Florida 33831
1-800/292-3368
SOUTH FLORIDA WATER MANAGEMENT DISTRICT P. O. Box 24680
West Palm, Florida 33416-4680
407/686-8800
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
2379 Broad Street
Brooksvilte, Florida 34609
1-800/423-1476
AGEND~
UNIVERSITY OF FLORIDA-IFAS
p. O. Box 110405
Gainesville, Florida 32611
352/392-1837
FLA DIV. OF FORESTRY
68 Industrial Blvd.
Naples, Florida 34104
434-5000
ASSOCIATION OF FLORIDA NATIVE NURSERIES P. O. Box 1045
San Antonio, Florida 33576-1045
904/588.-3687
AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS, Florida Chapter
FLORIDA NURSERYMEN and GROVVERS ASSOCIATION
5401 Kirkman Road
Orlando, Florida 32819
407/345-8137
NAPLES AREA METROPOLITAN pLANNING ORGANIZATION
2800 Horseshoe Drive North
Naples, Florida 34104
941/643-8400 fax: 9~1/643-6968
page
7-2
EXECUTIVE
PETITION NUMBER NUA-97-1, MR. PHILLIP L. LEE, REPRESENTING
CAROL A. MARTIN, REQUESTING A NON-CONFORMING USE ALTERATION
IN ORDER TO REPLACE AN EXISTING MOBILE HOME WITH A NEW
MANUFACTURED DWELLING FOR PROPERTY LOCATED AT 1145 KERR COURT
IN SECTION 5, TOW~qSHIP 52 SOUTH, RARGE 26 F2%ST.
~ The petitioner is requesting to replace an
existing non-conforming dwelling (20' x 44') and carport (20'
x 26') with a new 28'x 57' mobile home and 20' x 26' carport.
CONSIDERATIONS= The current owner Ms. Carol Martin recently
inherited the subject dwelling and plans to make
improvements. Currently the site contains one deteriorated
dwelling that was built prior to 1960. As shown on the plot
plan, the replacement dwelling will be within the allocated
building envelope and setbacks. The proposed unit will have a
front setback of 135 feet and a side setback of 13.5 feet.
The rear setback measured from the Marco River to the screen
room will be 20 feet. Furthermore, no structure on the
adjacent lots will be closer than 18 feet from the new unit.
It should be noted that Section 1.8.10.4. of the Collier
County Land Development Code (LDC) requires approval of a
Non-conforming Use Alteration by the Board of Zoning Appeals
prior to any new alteration, expansion or replacement of
non-conforming structures.
Approval of this petition will have no adverse impact on the
infrastructure or on the transportation facilities. In
addition, the site plan indicates that the area where the
replacement dwelling will be located is approximately in the
same spot as the old unit, therefore, the proposed change
will not impact any environmentally sensitive area. Lastly,
the distance between structures meets the requirements for
fire protection.
It should be noted that Section 1.8.10.4. of the Collier
County Land Development Code (LDC) requires approval of a
Non-conforming Use Alteration by the Board of Zoning Appeals
prior to any new alteration, expansion or replacement of
non-conforming structures. Approval of this petition will
-1-
require that the new structure conform with the Fire Code,
and to the development standards of the NC-5N zoning
district.
The Collier County Planning Commission reviewed this petition
on May 15, 1997 and recommended approval subject to the
stipulations of the reviewing staff.
Approval of this petition will have no direct fiscal impacts
to Collier County.
GROWTH MANAGEMENT IMPACT;
None. The proposed non-conforming use change does nothing to
affect this property's consistency with the County's Growth
Management Plan.
~LANNING COMMISSION RECOM](ENDATION;
That the Board of Zoning Appeals approve Petition NUA-97-1.
PREPARED BY:
RAY ~ELLOWS
PRINCIPAL PLANNER
REVIEWED BY:
ROB"ERT J. MULHERE, AI oP, MANAGER
CURRENT PLANNING
DONALD W. ARNOLD, AICP, DIRECTOR DATE
RVB/rb/EXSUMMARY/NUA-97-1
-2-
Ho.
TOt
FROMt
DATE z
AOENT/APPLICANT
Agent
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
APRIL 7, 1997
PETITION NO: NUA-97-1
Owner:
Mr. Phillip L. Lee
32 Turquoise Avenue
Naples,Florida 34114
Carol A. Martin
145 S. Collier Boulevard
Marco Island, Florida 33937
OEO~RAPHIC LOCATION:
The subject property is located at 1145 Kerr Court which is on the
east side of Bald Eagle and west of Marco Bay in Section 5, Township
52 South, Range 26 East. (See illustration following page)
REOUESTED ACTION;
This petition is requesting a Non-Conforming Use Alteration to allow
the replacement of an existing non-conforming structure (20' x 44')
and carport (20' x 26') with a new 28'x 57' manufactured dwelling and
20' x 26' carport.
PURPOSE/DESCRIPTION OF PROJECT:
The subject "C-5" zoned residential lot is 55.6 feet wide by 248 feet
deep and is a legal non-conforming lot of record. Currently the site
contains one deteriorated dwelling that was built prior to 1960. The
present owner (Carol Martin) recently inherited the property within
the last year. As shown on the plot plan, the replacement dwelling
will be within the allocated building envelope and setbacks. The
proposed unit will have a front setback of 135 feet and a side
setback of 13.5 feet. The rear setback measured from the Marco River
to the screen room will be 20 feet. Furthermore, no structure on the
adjacent lots will be closer than 18 feet from the new unit. It
should be noted that Section 1.8.10.4. of the Collier County Land
Development Code (LDC) requires approval of a Non-conforming Use
Alteration by the Board of Zoning Appeals prior to any new
alteration, expansion or replacement of non-conforming
--1--
MAY 7 1997
IL.
i
AGE. ND,
No.
&lAY 2 1997
Ps.
I~XIqlBIT 'A'
L
1997
8URROUNDIN~ L~ND USE ~ ~ONIN~
Existing Conditions: Mobile Home; Zoned:
Surrounding: North - Port Marco Trailer Court; Zoned: C-5
East - Marco River
South - Residential dwelling; Zoned: C-5
West - Kerr Court & commercial; Zoned: C-5
~¥kLU~TION FOR EN~IRO~HENTAL. TRANSPORTATION ~ND INFRASTRUCTURE~
Approval of this petition will have no effect on infrastructure or on
the transportation facilities. In addition, the site plan indicates
that the area where the replacement dwelling will be located is
approximately in the same spot as the old unit, therefore, the
proposed change will not impact any environmentally sensitive area.
Lastly, the distance between structures (with the dwelling to the
south) meets the requirements for fire protection.
Section 1.8.10. of the Land Development Code grants the authority to
the Board of Zoning appeals to grant Non-conforming Use Alterations
(NUA). The Planning Commission is advisory to the BZA and utilizes
the provisions of Subsection 4 (a) through (f) which are the general
guidelines to be used to assist the Commission in making a
determination. Responses to items (a) through (f) are as follows:
&. The alteration, sxpanlion or replacement will not increase the
density of the parcel or lot on which the non-conforming single
family dwelling, duplex or mobile home is located;
This request is only for the replacement of an existing
deteriorated home with a new mobile home. It will not change the
density of the parcel.
b. The alteration, e~pansion or replacement will not exoGmd the
building height requirements of the diltrict most closely
associated with the subject non-conforming uss;
The building height in the C-5 District is 35 feet which is 5 feet
more than is allowed in the Mobile Home "~Q~" Zoning District.
Since the proposed one-story structure is less than 30 feet it
will not exceed the height set forth in the KH district.
AGE~DA
~o. ~
MAY
--2--
The alteration, expansion or replacement will not further encroach
upon any non-conforminq sstbsok~
This petition, if granted, will require the replacement unit to
conform to the Fire Code, which requires a minimum separation of
10 feet between structures. Furthermore, this petition will not
authorize any reduction of the existing setbacks ~hat apply to
this non-conforming lot.
d. The alteration, expansion or replacement will not decrease or
further decrease the existing parking areas for the struoture~
Approval of this NUA petition will not change the number of
existing parking spaces.
The alteration, expansion or replacement will not damage the
character or the quality of the neighborhood in which it is
loc&ted or hinder the proper future development of the surrounding
properties~ end
This area has a unique character which contains other mobile home
units and double-wide units. The Board of Zoning Appeals has also
approved similar non-conforming use alteration petitions in this
area. It is the opinion of staff that allowing the replacement of
the older dilapidated units with newer units will enhance the
character of the area.
f. Such alteration, expansion or replacement will not present a
threat to the health, safety or welfare of the community or its
residents.
If approved, this petition will allow the replacement of
dilapidated unit in compliance with the Fire Code. Therefore,
approval of the petition will improve the safety and welfare of
the community and its residents.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition NUA-97-1 to the BZA
with a recommendation for approval.
-3-
PREPARED BY:
RAY ~u~ws
PRINCIPAL PLANNER
D~TF~
REVIEWED BY:
R ~ERT J. MULHERE, AICP, MANAGER
C~ P3~J%R.NING ,~ ~
W. ARNOLD, AICP, DIRECTOR
G SERV!j~ES
VINCENT CAUT~RO, ADMINISTRATOR
DATE
DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: NUA-97-1
Staff Report for May 1, 1997 CCPC meeting.
NOTE: This Petition has been advertised for the May 27, 1997 BZA
meeting.
COLLIER COUNTY PLANNING COM]~ISSION:
MICHAEL A. DAVIS, CHAIRMAN
RVB/rb
NUA-97-1/STAFF REPORT
-4-
AGENDb
No. ~
NAY 2 7 1997
./
NON-COB-FORMING ~BE ~tLTERATION
~ (~O BE ASSIGNED)
No. N UA 9 :-
PETIT'ION~' $ ADDRESS
!Marco Is land
Carol A. Martin
(~%rA) A~PLICATION
DATE:
145 South Co'llier Blvd E102
AGENT'S NAME (If Applicable)
AGENW'S 3~DDR.ESS 32 Turquoise Avo.
1
· qqaple$~ FL 34114
CURRENT ZONING C-5
~.~HONE
Phillip L. Lee'
REC :VED
394-2946
TELEPHORTE 774-0906
T~EGAL DESCRIPTION OF SUBJECT PROPERTY (See last 3 pages of this hando~
The Northerly fifty feet of the following described'parcel of -
l~n~ Re~.~nntn~. At a concrete blg~k Eleven hundred twelve
feet in a Southerly direction from the Northeast corner of W.
~). £ollter's concrete store and Two Hundred sixty-six l~eet
Northeasterly from the Northeast corner of the old W. T.
Collier c~ncrete cistern: thence run in a Southerly direction
Two Hundred feet to a concrete post'and the point of
beqtnntnq of the land to be herein described; thence run back
..... ltorti~erly ·along the. same line, a'~f:tanc¢-or-une nundrcu
'' ........twenty feet; thence deflect rt~_~.t, ~lgh~y-J'oqr~.de~reesj'"- · ~ .........
feet; more.or less,'.to the waters of Big Marco Passl thence
run ~outneriy a~ong said w~tu~ ~u ~, ~,~L~F~ctloF, ~Ith a
line.through the point'of beginning at an angle of Eighty
from the first mentioned course; thenc~ run Southwesterly,
concrete monument at a distance of One Hundred fifty-seven
PROPERTY HEREBY CONVEYED BEING DESCRIBED FURTHER ~: The
feet of the Doxsee Company. Inc., property on Marco Zsland, ''
County o~ Coll~aK and ~tat: :f Florida. See P!~t Boob
Page Fifty-eight of Collier County, Florida, public records.
SIGNATURE OF PETITIOneR
-1-
No. ~
MAY ? 1997
_A-W!DA~T
I, Carol A. Martin
say tha~--~-~a~ the o'-n~er of property ~escr~oed bere~ and ~htch Is the ~u~Jec: ~t:er
~e~g firs: d~y ~o~
of :he proposed hearing; thac a~ the ~ers to the quesc!o~ ~ this applica:~on, an~
all sketches, data, and ocher ~pplc~cnc~ ~cger atcache~ to and ~de a par: of Chis
applies:loc, are hones: and :~e to the best of ~ ~ledge and belief. I
this application :us: be complete4 a~d at.race before a hear~E cam be a~veru!sed.
fur:her pc~: the undermined co acc as ~ zcpresenta:i~e ~ any ~::crs
Pecl~tc:.
SIGNATURE OF
"~ CC'~2~-'I S S I ON.
AGENDA
MAY 2 7 1997
R~SOLUTION NO. 97-___.
R~LATING TO pETITION NUMBER NUA-97-1,
FOR A NON-CONFORMING USE A~TERATION ON
PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
WHEP~, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power
to establish, coordinate and enforce zoning and such business
regulations as are necessary for the protection of the public, and
WHERE--, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes regulations
for the zoning of particular geographic divisions of the County,
among which is the granting of requests for non-conforming use
alterations, and
WHERe, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and
has considered the advisability of replacing the existing structure
with a new mobile home as shown on the attached plot plan, Exhibit
"A" in a C-5 Zone for the property hereinafter described, and has
found as a matter of fact that satisfactory provision and a=rang
have been made concerning all a~plicable matters required by said
regulations and in accordance with Subsection 1.8.10.4 of the Land
Development Code for the unincorporated area of Collier County, and
WHE rp~EA5, all interested parties have been given opportunity to
be heard by this Board in public meeting assembled and the Board
having considered all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE BOAJ~D OF ZONING A3??.ALS of
Collier County, Florida, that:
The Petition N'UA-97-1 filed by Phillip L. Lee, representing
Carol A. Martin the property owner, with respect to the property
hereinafter described as:
EXHIBIT
be and the same hereby is approved for replacing the existing
structure with a new mobile home as sho~rn on the attached plot plan,
-1-
NAY ? 1997
Exhibit 'A" of the C-5 Zoning District wherein said property is
located.
BE IT RESOLVED that this Resolution relating to Petition Number
NUA-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
I
9
10
11
14
15
2o
21
22
23
24
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING~PPEAL$
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRM~d~
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MARJORI~E M. STUDENT
/~SSISTANT COUNTY ATTORNEY
f/NUA-tT-1 Rr SOLUT ] 0~1/
-2-
MAY g ? 1997
EXI-.IIBIT'A'
b-SC ¢-
~AY 2 ? 1997
%E~AL DESCRIPTION OF
SUBJECT PROP~--RTY
....... The Northerly .(iffy feet of the f~llowin9 descr{b'e'd p~rcel of.
l~n~~ R~(nn(n0 n~ ~ ~on~rete block Eleven hundred t~elve
feet In a'Southerly direction from the ~orthe~st cornec ol W.
n. K~ll~er's ~n~re~e s~ore ~d l~o ~undred six~y-slx feet
-~ortheasterly fro~ the ~ortheast corner of the old W. l,.- ·
C~llter cnn~rete cistern; thence run In ~ Southerly direction
l~o ~undred le~t to ~ concrete'post'znd the point
~Qqlnninq ~ the land to be herein descrtb, ed~ thence run back
- d~flect right,' [%~~~";' '
twenty feet; thenc~ ..... ~ , ....... ·
. feetl 'more ;or'l ess, ':to 'the' waters of Big' ~afco Pass ~ thenc,
C run'~outneriy along said'~'~tc~ Lu ~.
'line through the point'of beginning ~t'~n ~ngle
fFom the first mentioned course; thence fun Southw~s%eFlY,
concFete monument at a distance of One ~undred fifty-seven
~i~u ~.~-~cu.i~ ~ ~ fFc.,~ thc ~'~ ' -
PROPERTY HEREBY CONVEYED BEING DESCRIBED FURTHER AS: The
............. :: ...... Inc., property on HaFco Island,
feet of the Doxsee Ccmpany,
~P~ge FlfLy-~lgh~ of Co~11~r County, F~or~d~, public rBcor~s.
EX]4IBIT "B"
AGENDA ITEM
' '
~' .-..-,.':
EXECUTIVE SUMMARY
PETITION NO. CU-97-7, PAUL WHrFTEN OF PANTROPIC POWER PRODUCTS INC.,
REPRESENTING MARCO MARRIOTT HOTEL REQUESTING CONDrVIONAL USE 2.6.9.2 OF
SECTION 2.6.9 (ESSENTIAL SERVICES) FOR TWO ELECTRIC GENEKATING PLANTS IN AN
RT ZONING DISTRICT FOR PROPERTY LOCATED ON THE MARK10~S HOTEL PARKING
LOT Ct,OTS 1-7). LOCATED AT 400 SOLrl'H COLLIER BOULEVARD, MARCO ISLAND,
FLORIDA, FURTHER DESCRIBED AS LOT 6, BLOCK 177, MARCO BEACH UNIT 17,
SECTION 17, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER, COUNTY, FIX)RIDA.
The Marco Marriott Hotel of Marco Island, Florida has a commct to lease two standby generators from
Lee County Cooperative. The Lee County Cooperative proposes to operate the generators for
electricity production during peak hours of usage and power outages. The generators will produce
enough electricity to power the entire hotel and ancillary uses. According to Lee County Cooperative,
the Marriott is Marco Island's largest single consumer of electricity. Thus, utilizing the generators on-
site during peak power demands and power outages will provide Lee County Cooperative additional
peak hour electric reserves for the remainder of the Island, and will result in lower electricity costs.
According to the petitioner, the Marriott intends to utilize the generators between the hours of 7:00
a.m. and 8:00 p.m., not to exceed 6 hours in any one day.
The proposed generators will be located on Lot 6, adjacent to the Marriott's existing chiller building
(the building presently containing the Marriott's air conditioning cooling system) which co-exists on the
Marriott's parking lot and tennis court facilities located on Lots 1-7.
The units are 4 cycle diesel engine driven electric generator sets Model 3516, each rated 1600 ekw at
1800 rpm. Each generator will be housed in a white aluminum sound attenuated (72 dba at 50 feet)
enclosure mounted on a 2250 gallon double wall U.L. listed sub base diesel fuel tank. A 12 inch thick
concrete pad will serve as the base. The fuel tanks are equipped with the State of Florida approved
pollution control devices. Adjacent to the generators will be 2 pad mounted transformers and a stainless
steel switch gear enclosure.
The petitioner is proposing to enclose the generators with an additional architecturally designed
acoustical concrete block wall approximately 13.7 feet in height. The wall will match the design of the
existing chiller building, providing sound attenuation, odor disbursement and buffering from passer-by-
traffic, hotel guests and adjacent residential neighborhoods. According to Robert H. Tanner (noise
expert) in correspondence dated April 16, 1997, he concludes that with the proposed measures for noise
abatement, the generators should operate well within the County's Noise Ordinance 93-77. The
generators will be located approximately 140 feet fiom the nearest single family residence east of the
subject site.
AGENDA LTEM.
.o.
MAY 2 7 1997
PI. ~
The subjec~ property O.~ts 1-'/) is developed as a parking lot and tennis court facility for il~
Lots 1-3 arc presently developed with tennis courts and a clubhouse facility, Lots 4-7 are developed ss
parking lot. Property to the north is zoned RT and is developed with a condominium. Property to the
east contiguous to the subject site is zoned RSF-4 and is semi-developed with single family houses. To
the south the property is zoned RT and is developed with multi-family dwelling units. Collier Boulevard
and the Marriott are located to the west.
The Collier County Planning Commission reviewed this petition on May 1, 1997 and recommended
approval 5-1, subject to stipulations listed below. Several neighbors attended the meeting and spoke in
opposition to the proposed petition. Noise, odor and vibration were extensively discussed and debated.
The Planning Commission discussed these issues at length, and recommended for approval subjecI
the following:
A) The generators shall be located within a totally enclosed building to mitigate sound, vibration
and odor impacts.
B) The petitioner shall obtain a temporary certificate of occupancy for the necessary site
improvements, building enclosure and generator installation. Within 30 days of operation, the
petitioner shall be required to bring the petition back to the CCPC and BCC to evaluate noise,
odor and vibration characteristics of the generators. The surrounding property owners shall be
notified of each public hearing.
On May 5~, 1997, Bryan Milk and Paul Whitten conducted a site visit to the Naples Community
Hospital iNCH) to inspect three existing standby generators presently being utilized during power
outages and peak power demands. These generators are also manufactured by catepillar ~ are
identical to the generators proposed at the Marriott. The difference being, the Marriott's generators are
enclosed within sound attenuated capsules which emit '72 dba at 50 feet, and NCITs generators are
enclosed within a metal building on the hospitals roof. However, NCH's building enclosure has 2 large
air intakes (approximately 12 feet x 16 feet each) which emit a great amount of noise through these
openings. A noise reading was not taken during the inspection. In staffs opinion, the inherent problem
with a totally enclosed building, from an operational standpoint, is the necessity for large air intakes
and/or an excessive number of openings for ventilation and cooling purposes, consequently emitting
noise at ground level rather than being dispersed upward into the atmosphere through a series of sound
attenuated acoustical blocks and blowers as proposed by the petitioner.
All conditional use actions require a findings on the part of the Collier County Planning Commission
(CCPC) based on the provisions of Section 2.7.4 A preponderance of these findings support an action
to approve the subject request. The conditional use findings are formatted to give both reasons for or
against the subject request. Said findings are included in this Executive Summary submission together
with the staff report which is approved by the CCPC.
1997
A summaz~ ofthe major Pro/Cons from the Conditional Use Finding report is as follows:
This petition is consistent with the Furore Land
Use Element of the GlO.
The generators will be located on the Marriott's
parking lot, adjacent to the existing chiller
building.
The petitioner is constructing a 13.7 foot
acoustical wall ~round the generators for sound,
odor ~nd vibration attenuation.
The generators will be used for power outages and
peak power demand.
The proposed hours of operation are between the
hours of 7:00 a.m. and 8:00 p.m., not to exceed 6
hours in one clay.
During ~ operating capacity the generators
emit 72 db& at 50 feet. The Collier County Noise
Ordinance 93-77 allows 60 dba at residemisl
property boundsriea during the d~y (7:00 ~m. to
10:00 p.m.) and 55 dba during the evening.
The subject site is located ~lj~ent to . single
f~mfily subdivision.
Diesel engine exJ~ust emiRed by each gene~or
could be offensive to neighboring prope~ies.
If the proposed generators are not properly
installed or mechanically tuned, vibration could
impact the surrounding area.
FISCAL IMPACT:
This amendment by and ofitselfwili have no fiscal impact on the County. However, if this amendment
achieves its objective, the land will be developed. The mere fact that new development has been
approved will result in a future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new development on
public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public facilities. In the event that impact fee collections
are inadequate to maintain adopted levels of service, the County must provide supplemental funds from
other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
The subject property is located within the Urban Mixed-Use Designated Area (Urban Coastal Fringe
Subdistrict) on the Future Land Use Map to the FLUE to the GMP.
This petition proposes to add two standby generators at the Marriott Marco Hotel for electricity
generating purposes. The use is deemed an essential service (power plant) and allowed in any zoning
district subject to the conditions of Section 2.7.4 ofthe Collier County Land Development Code.
.o.
3
A review by mtaff has indicated that this petition ham been d~ermined to be conmist~nt with the Futur~
Land U~ Elem~n! and Cn'owth lvianasemnent Plan. Where appropriate, ~pulationm hav~ been
$~z~'ated to ensure ~on.mi~t~n~ with the GMP.
HiSTORIC/ARCHAEOLOGICAL IMPACY:
Staffs analysis indicates that the petition, s property is located outmide an ar~ of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therdor~., no
Historical/Archaeologir. al Survey and Ass~mment is required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition CU-9?-?, ~ubje~t to
atipulations and thc Resolution of' Adoption and Exhibits attached thereto.
PREPARED BY
~RyA~iJ1VIILK
pRINCIPAL PLANNER
DATE
REVIEWED BY:
CURRENT pLANNING MANAGER
DONALD W. ARNOLD, AICP
.
~TINCEr~T A. CAU~ERO, ADMINISI-RATOR
COMMU~ DEV. AND EN~O~ENTAL SVCS.
DATE
0J-~7.7 EX 5Lm~MARY~d
4
AGENDA ITEM 7-C
MEMORANDUM
TO:
FROM:
COLLIER COUNTY PLANNING COMMISSION
COlviMUNITY DEVELOPMENT SERVICES DMSION
DATE:
RE:
APRIL 9, 1997
PETITION NO:
CU-97-7
OWNER/AGENT:
Agent:
Paul Whitten
Pantropic Power Products, Inc.
2471 Rockfill Road
Fort Myers, Florida 33916
Owner:
Marco Marriott Hotel
400 South CoUier Boulevard
Marco Island, Florida 34145
~REOUESTED AC'Iq[ON;
The applicant is requesting Conditional Use 2.6.9.2 of Section 2.6.9 (Essmtial Services) for two
electric generating plants in an RT zoning district.
~EOGRAPHI¢ LOCATION:
The subject RT property is part of thc Marco Marriott Hotel parking lot (Lots l-T) located at 400
South Collier Boulevard, Marco Island Florida, further described as Lot 6, Block IT/, Marco Beach
Unit 17, Section 17, Township 52 South, Range 26 East, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The Marco Marriott Hotel of Marco Island, Florida has a contract to purchase two 6ectfic standby
generators from Pantropic Power Products Inc. The Marriott proposes to use the generators for
electricity production during the hotels peak hours of usage ~:l power otaages. 'rbe generator~ will
produce enough electricity to power the entire hotel and ~fillary uses. Ac__rordh~ to ~ County
Cooperative, the Man'iott is Marco Island's largest single co~ of electricity. ~ ,_~_'llrin~ the
generators on-site during peak power demands and power outages w~l provide Lee County
Cooperative additional peak hour electric reserves for the remainder of the Island. Accordhag to the
petitioner, the Marriott intends to utilize the generators approximately $ hours ~ day or on an a~
needed bases. .o. ~,~,/{ 31
I E !
I ~ I
--~1II I
I
O~¥A_~"IN08 B~]IqqOD H.LNOS
I
MAY 2 7
The proposed gene~tors will be loc~ on Lot 6, adjacem to the Muriott's exis~g ch~ ~
(the building pre.~ofly containing the Man'iotfs ~ir conditioning cooling ~y~ern) which co-ex/~ oo
the Marriott's parking lot and tennis court facilities located on Lots 1-?.
The generators ~re presently enclosed in white ~luminum sound ~ttemmM enclosure's meal ~ 72 dl~
nt 50 feet. The petitioner is proposing to enclose the generttors with In nddRion~ ntr, hit~
designed ~:oustic, al concrete block w~ll &pproxirrmtely 13.7 feet in heighL Th~
design of the existing chiller building~ providing ~ound ~ttenuafion, odor diflxu-~men~ ~:1 buffering
from p~sser-by traffic, hotel guests and adjacent residential neighborhoods.
~;URROUNDING LAND USE AND ZONING:
Existing:
The subject property (Lots 1-7) is developed Is ·
p~rking lot and tennis c, om't ~ for the Marco
Marriott Hotel. The zoning is RT.
Surrounding:
North o
East-
South -
West-
The subject property W the north of the
Marriott's parking k)t is zom:d RT ~d is
developed ~ a condominium.
The subject property to the east is zoned RSF--4
and is semi-developed with single houses.
The subje~ property to the gxrth ofthe Marriott's
tennis courts is zoned RT ~d is developed ~s a
condominium.
To the west is the South Collier Boulev~l fight-
of-way. Further west is ~ Mazco Marriott
Hotel (adjacent to the Gulf of Mexico). The
property is zoned RT.
GROWTI~. MANAGEMENT PLAN (~ON$1STEN~Y;
The subject property is located within the Urban Mixed-Use Designated Are~ (U'rba~ Coasul Fringe
Subdistrict) on the Future Land Use Map to the FLUE to the GMP.
This petition proposes to add two standby generators at the MzrrioR Marco Hotel for electricity
generating purposes. The use is deemed an essential service (power plant) and sllowed in any zoning
district subject to the conditions of Section 2.7.4 of the Collier County Land Development Code.
A review by staff has indicated that this petition has been determined to b~ consistent with the Future
Land Use Element and Growth Management Plan. Where appropriate, stipulations have been
generated to ensure consistency with the GM?.
YAY 2 7 1997
]=I'ISTOI~C/ARCHAEOLOGICAL TMPACT:
StMt's analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
Pursuant to Section 2.2.25.8.1 of the LDC, if, during the c. ourse of site clearing, excavation or other
construction activity an historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately stopped and the Collier County
Compliance Services Department contacted.
~EVAL~ATION FOR ENVIRONMENTAI. q TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Department staff.
Because of its limited size and conditions attendant its review this petition did not have to be reviewed
by the EAB but was reviewed administratively for environmental and water management concerns.
This review did not raise any issues that cannot be more timely addressed for compliance with code
provisions at more appropriate subsequent development order approval stages.
~'RITERIA EVALUATION:
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition and
the criteria on which a favorable determination must be based. This evaluation is intended to provide
an objective, comprehensive overview of the impacts ofthe proposed land use change, by they positive
or negative, culminating in a staff' recommendation based on that comprehensive overview. The below
listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring 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.
Consistency with this code and Growth Management Plan.
Pro: The fact that the finding is consistent with the GMP and LDC is reason enough to
include this as a positive evaluation.
Con: None.
Summa _fy Con~Iu5ion (Findin_es): This conditional use request for two dectric generating
plants has been determined to be consistent with the Growth Management Plan.
AG L~l~ [Ti~M
MAY 2 7 1997
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.
Pro: (i) The proposed generating plants will be located on thc Marriott's parking lot located
eazt of the hotel, with improved ingr~s/egress to Collier Boulevard.
Pro: (ii) The proposed generators are un-manned facilities and only require periodic
maintenance and inspections.
Con: None.
Summary_ Conclusion ffir~dings): Staff has reviewed the conceptual master plan submitted
with this conditional use request, and is of the opinion that due to the relatively low
traffic volumes generated by the proposed generators, the project's entrance should continue to
operate adequately and with an acceptable level of safety.
The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects;
Pro: (i) Development authorized by this conditional use is for two standby electric geneming
plants located in the Marriott's parking lot (Lot 6) adjacent to the hotel's existing ~ir
conditioning cooling system building (chiller building). The petitioner is constructing an
architecturally designed masonry wall 13.7 feet in height around the generators to attenuate
sound and odor effects.
Pro; (ii) Given the proposed location of the generators, glare and/or economic impacts are
unlikely to impact surrounding areas.
q;on: (i) The generators are driven by diesel engines which are powered by diesel fuel.
Exhaust emitted by each generating plant could be obnoxious and offensive to neighboring
properties, and will require exhaust and ventilation devices for proper operation and odor
control.
Con: (ii) During peak operating capacity the generators emit 72 dba at 50 feet. The petitioner
proposes to construct a masonry wall around the generators for sound attenuation ~.'~d esthetic
purposes. The generators are also located next to the Marriott's existing chiller building which
will act to further attenuate sound to the nearby residential neighborhood and hotel site.
~;ummary Conclusion (Findings): The most tangible effect could be that of noise and odor.
Appropriate screening, sound attenuation, ventilation and exhaust systems proposed by the
petitioner could effectively reduce noise and odor levels to nearby residential neighborhoods,
hotel guests and passer-by traffic. These measures to attenuate ~und and odor in the opinion
of staff will be th,: necessary conditions to ensure that the proposed petition will not negatively
MAY 2, 7 1997
impact neighboring properties. The petitioner is further resa'ic~ by criteria ma~'th ia the
Collier County Sound Ordinance No. 93-77 or its successor equivalent.
With respect to the criteria of* economic impact, this usemm~ givea existing dgveiolmmg
regulations and criteria seffor~ within the ~ of' Adop6~ camot be mmmarml or
speculated upon with any degree of accuracy.
Furthermore, since this type of land usc is for electric ~ ~ ir is mlzly m ~
effects of glare attached to it.
d. Compatibility with adjacent propertie~ and other property ia ~ ~
Pro: (i) The proposed generators are locked ia d~ ~ ~ lot. ~ by ~
Marriott for customer paddng.
~ (ii) The proposed generators are located adjacem to the Marrk~$ ~ ~ also
located in the parking lot.
Con: (i) The Marriott's parking lot and tennis courts (Lots 1-7) are located comiguou~ to ·
single family neighborhood.
Con: (ii) The generators are located contiguous to a fight-of-way (Collier Boulevard). The
fight-of-way also provides a sidewalk adjacent to the parking lot, which is beav~ un'li~,,~l by
pedestrian walkers and bicyclists.
Summary_ Conclusion (Findings'): The two gene~ors will be iocamed within thc Man'ion's
existing parking lot, contiguous to the chiller building. Surrounding the proposed generators
and existing chiller building is a large parking lot and te~qis courts (Lots 1-7) and Collier
Boulevard to the west. Positioning the generators adjacent to the chiller building and
installation of' an architecturally designed 13.7 foot masonry wall for sound and odor
attenuation, should not create a nuisance to surrounding property. Therefore, provided the
proposed generators operate in compliance with the LDC and Collier County Noise Ordinance,
staff is of the opinion that the petition is compatible with adjacent properties.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-97-7 to
the BCC with a recommendation for conditional approval, subject to the Resolution of Adoption and
exhibits attached thereto.
PREPARED BY:
BRYAN
PRINCI~P.~, PLANNER
REVIEWED BY:
CURRENT PLANNING MANAGEK ~
CO~~ DEV. ~ ~0~~ SVCS.
DATE
Petition Number CU-97-7
StaffReport for May 1, 1997 CCPC meeting.
NOTE: This Petition has been advertised for the May 27, 1997 BCC meaning.
· ~lVl]~lS SION:
MICHAEL A. DAVIS, CHAIRMAN
CU-97-7 STAFF REPORT/pal
COLLIER COUNTY
APPLICATIO~ FOR CO~DITIONAL USE REQUESTS
DA, 7,,' .,,
· "ETITION NO.
COORDINATING PLANNER:
PROPERTY OWNER (PETITIONER) NAME AND kDDRESS*: '
PHONE:
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SECTION: I n TO~SHI~: S ~ S
PROPERTY I.D
~IZE OF PROPERTY: FT. X FT.
GENERAL LOCATION AND ADDRESS OF SUBJECT PROPERTY:
ZONING OF SUBJECT PROPERTY: ~-~T
TYPE OF CONDITIONAL USE REQUESTED:
ADJACENT ZONING AND LAND USE:
ZONING
~ ~T
EXISTING LAND USE:
L~.ND USE
-1-
staff re~'~mmenaation to the Plan~ing commission and the
Planning commission recommendation to the Board of Coning
Appeals shall be based upon 'the folloving criteria. Please
respond to the following criteria:
Is this request consistent vi%h the Land Development Code and
Growth Management Plan?
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:
The effect the conditional use would have on neighboring
properties in relation to noise, glare, economic and odor effect.
Compatibility with adjacent properties and other properties in ~e
district·
DATE
-2-
MAY g 7 1997
say that I am the owner of the property described herein and which is
the subject matter of the proposed hearing; that ali the answers to the
questions in this application, and all sketches, ,tara and other
supplementary mater attached to and made a part of this application,
are honest and true to the best of my knowledge and belief. I
understand this application must be completed az',d.accura~e before &
hearing can be advertised. I further permit p~;~T~oP~~ F~.
(AGENT'S NAME)
to act as my representative in any matters regarding this petition.
t SIGNATURE OF OWNER
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged before me this
/~ day of ~n~¢~ , 199~7 by' D~,'~ ~. ~4ho~k~ , ~ho
personally known to me or who has produced as
identification and who did (did not) take an oath.
'gnature of Notary Public)
.. ' Cbc/b/ ¢- / '""w
NOTARY PUBLIC
Co~mission f
My Co,miss i on Expir es: ~r~O~¥1~IOM~;~.Z~6$ ~£~ I~ ~00~.
-1-
AG~CND~ LT£ M.~ /
~A¥ ~ 7 ~997.
SIGNATURE OF AGENT
State of Florida
County of Collier
,,. The foregoing Agreement Sheet was a=knowled~ed before.me this
Personally known to me or who has produced ~ ~1~5 tJ(~r%5~--
identification and who did (did not) take an oath.
My Co~ission Expiresf {%_10-~
oO
-2-
., RWA c.
F,~gineers, En~ironrnent~l cmcl De~eloprnent Consulti~nts
.~r. Bryan .Milk. Planner
Collier Count3.' Project Plan Revi~v
2800 .N. Horseshoe Drive
.Naples. F1 34104
Subject: .Marco Island .Marriott F_mergeno.' and Peak Po~'er Generator Re~ocation
Dear Br).'an
We have completed a review of the proposed re~olmion fo~ the referenced projecl. We woukl like to
submit the following lan.~aage for condition item "C". We feel thc language is not concise enou~ and
need the additional operation hour~.
c.)The generators shall be permitted to provide poxx'er to the Marriott during poxver outages. The
~en:rators shall also be permiued to curlail peak poxv~ demand betx~'een the hours of 7:00 .~M. and
~:00 P..X l.. not to exceed 6 hours in an)' one da)'.
Please advise as to hox~' xve can proceed to change the zondition xvithout an)' additional delay in oux
County Commission hearing date. Can xve postpone the Planning Commission meeting, xvork on the
xx ording to clariS' the operation hours, make the ne.xa Planning Commission. and still make ou~ CotmtS.'
Commission board da~e? \Ve would like to work the -~on;lition wording out in a mann~ that is
acceptable to the Count)' staff before we ~o to the County Commission.
Please call me tomorrow to discuss this issue.
Sin-~erely.
Emilio J. Robau. P.E.
Principal
CC Paul \Vhitten. Pantropic Poxver Products.
Rick Fuson. Lee Count)' Electri.: Co-Op
RECF. VED
March 5, 1997
Mr. Bryan Milk
Community Government Division
Collier County Government
2800 Horseshoe Drive
Naples, Florida 33942
RE: conditional Use Request for Standby Generators
cu- 97-?
Dear Mr. Milk:
Pantropic Power Products Inc. is requesting authorization to
install 2 standby generators and associated equipment in the
Marco Marriott parking lot at 400 South Collier Boulevard,
Marco Island, Florida. Please note the attached site plan.
The owner will be Lee County Electric Cooperative, Inc who
will utilize the units as a power source for the Marco
Marriott during utility power interruptions. Generator run
time under these conditions will be limited to the duration
of the power outage plus the engine cool down period. The
generators may also be used during monthly.sy~temp~.ak power
use periods. Run time will usually occur ~urlng ex=reme
temperature periods. Due to the generators high operating
cost, run time will be held to a minimum. Estimated annual
run time under both conditions is less than 140 hours.
The units are 4 cycle diesel engine driven electric generator
sets Model 3516 each rated 1600 ekW at 1800 rpm. Each gen set
will be housed in a white aluminum sound attenuated ( 72 dba
at 50 feet) enclosure mounted on a 2250 gallon double wall
U. L. Listed sub base diesel fuel tank. A 12 inch thick
concrete pad will serwe as the base. The fuel tanks are
equipped with the State of Florida approved pollution control
devices. Adjacent to the gen sets, there will be 2 pad
mounted transformers and a stainless steel switchgear
enclosure. The Marco Marriott plans to install a wall around
the units for esthics and additional sound attenuation.
page 1
Miami Rl~r
~01 NW 4 Street
Miami. FL 3312~-130g
(305) 324-4225
FAX (305) 324-5727
Fm't La~ale
2501 State IRo~J 84
Ft. Laucle~. FL 33312
we~ Palm ~,h
West PuJm Bee¢:~ F~. 33417-45~7
(r~l)
MAY S ? 1997
ll~) ~.4z~ ~o~ 7~T73
FAX (M~) 337.4~ FAX pOS)
RE: conditional Use Request For Standby Generators
The generators location will be approximately 180 feet from
the nearest residential property line. Recent sound
measurements by Mr. David Hedrich, a Code E~forcement
Investigator, revealed that with the cooling to~r? acting, as
a sound buffer, attaining 60 dba at the residen=lal proper~y
line is achievable. The fans within the cooling tower will
also help disperse sound vibrations and exhaust produced.b~..
the generators.
we wish to thank you again for you attention to this matter
and ask that you call me at 941-337-4222 should you have any
~uestions. You may also contact Mr. William Hetherington who
is in charge of this project for Lee County Electrid
Cooperative, Inc. His telephone n~mk~r is 941-656-2157.
Sincerely,
Paul Whitten
Power System Sales
MAY 2 ? 1997
Robert H. Tanner
Pun·topic Pover Products Znc.
2&?l RockflL1%omd
Fort ~erm, Flortdl 33916
POS'T o~r1~1[ lOX 65~
IrbOgq~ A ldiII,-OGS5
PHONE I.,,& 1-2'6 ! -'JB,40
F&X ~41.2~1-1St2
I',., ."""' ::=IT ~411&
This letter is to report the noise level
the Botel'e &ir-conditioning
ot t~l roi=~ta ot the propo=ed thin,u,
The tollov%nf sea.cements vere mede by the collier CouflC7 Code Znforcenen£
Offici£t
45' East (Property Line) 73 dS(A)
190' ~orch 65
190' South 6~
180' %&sc 61
D[ltincel measured iron nmecut Un~t,
Attic the chmnses hive been mde, the diesel nearest tO the property line
be &t 1~5' dieter. ~h~s change mlone should result in · 10 (LB(A) drop in the
noise it producie, 2n addition, the acoustically ·bmorpti~e vi11 vhich
surround the diesels shoul~ p:ovide it least uother lO dS(A). Thus t~
resulting levels tn al~ directions shoed be ~1 vt·bin ~e Co~ty's n~t
tame
Robert B. Tanner, P.E.
cc~ EFAlio Rab&u
MAY ? 1997
Memo
l'm Ron Hoider
From= David Hedrtch
CC; Bill Bolgar
Date: 1/24/97
R~. Marco Man'iott generators
On 1/22J97 several noise readings were taken i~ a pedmat~' ama atourx:l
electJical generatom. County employees present were Is
1. Biil Bolgar, Code enforcement supervisor
2. Ron HoMer, Code enforcement
3. Bryan Milk, Project planner, current plaru'ing
4. David Hedrich, Code enforcement Invesltgat]3r
The generators in question were started at approx. 2:00p. m.. I~~-Holder conf,'meal
the generators were operating at the rnax~mum governed capacity of 1800 R.P.M.. The noise
readings were then obtained from approx. 45 feet away from l~e genemt~. This o"~,~-,::e is also
the distance between the generators and the ck3sest reside~tial i:xopatty txxzxtary. The ov/ne~ of
the residential property is the complainant in this case. Sectiort 3 paragral:)h b of ~ County
noise ordinance 93-77 states, readings may be measured at the pmpe,'ty boundary
sound emanates. The readings are as follows.
· Page 1
MAY 2 ? 1997
1. 75 d~.~, proj~t~ ~ r~tr~.
3. 75decibels, southofgenemtor.
These readings we. re obtained after the noise rnetar was slowed to mn la' a niimum ~1' 2 minules.
The maximum allowable decibel limit for a tourist use ~ ',elhin 1000 feel o~ a resilmllai use
property is 60 decibels between 7:00 A.M. to 10:00 P.M. and 55 dedbeb betaeen 11100 p.m. to
6:59 a.m..
If I can be Of any further assistance, please let me kno~.
· Page 2
AC~EN~ M
No. ~
MAY 2 ? 1997
C 0 ~ F L.l.a,,"l C F--
UNIT ___-----
pHONE:
BLOCK .__._._.__.LOT ._._._-
QUEST M-29
NAME
NOTES
CAL LEVEL---114.0dB WEIGHTING ......... A
RANGE ........ 30clB EXCHANGE RATE---3dB
START TIME-22:40H:M END TIME---23:08H:M
PEAK LEVEL--105.3dB MAX LEVEL--- 74.6dB
PEAK TIME--22.'46H:M MAX TIME---22:46H:M
AVG ......... 53.7 dB TWA ......... 37.5 dB
Ldn ......... 63.9dB SEL ......... 82.1dB
L01 .......... 56dB L10 .......... 53dB
TIME CONSTANT -SLOW
THRESHOLD .... 30 dB
RUN TIME-- :11:24
MIN LEVEL--- 52.5dB
MIN TIME---22:54H:M
DOSE ......... .00%
EXPOSURE--- .00P2h
LS0 .......... 53dB
CRITERION .... 85dB
PAUSE .... :17:20
8hrDOSE .07%
EXPOSURE--- .06P2s
L90 .......... 52dB
START TIME-22:46H:M
RUN TIME-- :11:23
SEL ......... 82.0dB
L01 .......... 54dB
AVG ......... 53.7dB
TWA ......... 37.5dB
EXPOSURE--- .00P2h
L10 .......... 53dB
PEAK LEVEL--105.3dB
DOSE ......... .00%
EXPOSURE--- .06P2s
L50 .......... 53dB
M/tX LEVEL--- 74.6dB
8hrDOSE ...... .07%
L90 .......... 52dB
I MIN HISTOGRAM
22:40 46 00dB
MAX 69 dB
PEAK 87 dB
1 MIN HISTOGRAM
22:46 58 52 52 52 52 dB
MAX 74 53 53 53 53 dB
PEAK 105 78 '78 78 78 dB
22:51 52 52 52 52 53 dB
MAX 53 53 53 54 53 dB
PEAK 78 78 78 78 78 dB
22:56 53 49 00dB
MAX 54 56 dB
PEAK 78 82 dB
+ .... 39dB
+ .... + .... + .... + .... 69dB
+ .... + .... + .... + .... + .... +- - -
87dB
+ .... + .... +-- 54dB
+ .... + .... + .... + .... +-- 74dB
+ .... + .... + .... + .... + .... + .... + .... +--
+ .... + .... +- 52dB
+ .... + .... +-- 54dB
+ .... + .... + .... + .... + .... 78dB
+ .... +--- 47dB
* .... + .... +--- 56dB
+ .... + .... + .... + .... + .... +- 82dB
EXCEEDANCE LEVEL
L01 56 54 54 54 54 dB
L06 54 54 54 53 53 dB
Lll 53 53 53 53 53 dB
L16 53 53 53 53 53 dB
L21 53 53 53 53 53 dB
L26 53 53 53 53 53 dB
L31 53 53 53 53 53 dB
L36 53 53 53 53 53 dB
L41 53 53 53 53 53 dB
L46 53 53 53 53 53 dB
L51 53 53 53 53 53 dB
L56 53 53 53 53 53 dB
L61 53 53 53 53 53 dB
L66 53 53 53 53 53 dB
L7i 53 53 53 53 53 dB
L76 53 53 53 53 53 dB
LB1 53 53 53 53 53 dB
+ .... + .... +-- 54dB
+ .... + .... +~ 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +~ 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
I AY 2 7 'J99
L86 53 53 53 53 52 dB + .... + .... +-
L91 52 52 52 52 52 dB + .... + .... +-
L96 52 52 52 52 30 dB + 30dB
52dB
52dB
M-29
NOTES
CAL LEVEL---ll4.0dB WEIGHTING ......... A TIME CONSTANT
PJ%NGE ........ 30dB EXCHANGE RATE---3dB THRESHOLD ....
START TIME-22:40H:M
PEAK LEVEL--105.3dB
PEAK TIME--22:46H:M
AVG ......... 53.7dB
Ldn ......... 63.9dB
L01 .......... 56dB
-SLOW
30dB
~VENT ...... 1
START TIME-22:46H:M
RUN TIME-- :11:23
SEL ......... 82.0dB
L01 .......... 54dB
END TIME---23:09H:M RI/N TIME-- :11:24
MAX LEVEL--- 74.6dB MIN LEVEL--- 52.5dB
MAX TIME---22:46H:M MIN TIME---22:54H:M
TWA ......... 37.5dB DOSE ......... .00%
SEL ......... 82.1dB EXPOSURE--- .00P2h
L10 .......... 53dB L50 .......... 53dB
I MIN HISTOGRAM
!2:40 46 00dB
MAX 69
PEAK 87
I MIN HISTOGRA3~
22:46 58 52
MAX 74
PEAK 105
22:51 52 52
MAX 53
PEAK 78
22:56 53 49
MA,X 54
PEAK 78
52
53 53
78 78
52
53 53
78 78
00dB
56
82
dB
dB
AVG .........
TWA .........
EXPOSURE---
L10 ..........
52 52 dB
53 53 dB
78 78 dB
52 53 dB
54 53 dB
78 78 dB
dB
dB
CRITERION .... 85dB
PAUSE .... :17:53
8hrDOSE ...... .07%
EXPOSUIAE--- .06P2s
L90 .......... 52dB
53.7dB PEA3( LEVEL--105.3dB MIMX LEVEL--- 74.6dB
37.5dB DOSE ......... .00% 8hrDOSE ...... .07%
.00P2h EXPOSURE--- .06P2s
53dB L50 .......... 53dB L90 .......... 52dB
+ .... 39dB
+ .... + .... + .... + .... 69dB
+ .... + .... + .... + .... + .... +- - -
87dB
+ .... + .... +-- 54dB
+ .... + .... + .... + .... +-- 74dB
+ .... + .... + .... + .... + .... + .... + .... +--
+ .... + .... +- 52dB
+ .... + .... +-- 54dB
+ .... + .... + .... + .... + .... 78dB
+ .... +--- 47dB
+ .... + .... +--- 56dB
+ .... + .... + .... + .... + .... +- 82dB
EXCEEDA/qCE
L01 56
L06 54
Lll 53
L16 53
L21 53
L26 53
L31 53
L36 53
L41 53
I=46 53
L51 53
L56 53
L61 53
L66 53
LEVEL
54 54 54 54 dB
54 54 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
53 53 53 53 dB
+ .... + .... +-- 54dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
+ .......... +- 53dB
+ .... , ..... +- 53dB
+ .... + .... +- 53dB
+ .... + .... +- 53dB
MAY ? 1997
Lnw Offictt or
RICHMAN, DEIFIK, LANlrER AN'D ROSS
Kenneth W. Richmm,, Jr..*
Ce. lin Ellen Dei~k'
Su~nne D. Lan]er
Don~d I~ l/os~, Jr**
Polnci~na Pro,~sioail Park
2640 Golden Gate ~kway
Naplts, Ro~ ~1~
January 21, 1.997
Bill Bolgar
Community Deve;c, pment &
Env;ronmeatai Services Division
2500 North Horeeshr..,e Drive
Naples, Florida 34! 04
via FAX 643-8345
RE: Marriott Zoning Issue
D-~r Mr. bolgar:
! ;vgu!d likt~. ('.) fo;'rr, a;'ze m/~'..a!,.;s by fl;:";3 ?, w-i:l+.~- ~d~;o]$:re.'.;ve co,.mlglaiat. P;e=-se let me
, ' ' ' ' ~¢,,er se~,e as rrry v~tten compiainL
' ,-,-.. · if' a:-7 sr..a; a: '" ' ....
The ba.'-¢s of my complain~ {s t..,,'ofoict. F~rs:, the use of RT Residential Tourist properly for a
permanegt power facility is an i:le.gal us-- of prcpely. A pef.manent power plant is not a
"customary accesso~.' use(s)" as req'.jired by the deF, q;tion cf a Residential Tourist District As
the January 15~'' ~rtic:e in the. Marco isl-2.nd Esg'e !ndicates, the Marrio,'t plans to use this
power p~ant on a rerju!ar basis d...:ri~g the summer hea: (i:O0 - 6:00 p.m.) and the cold winter
mcrni~c.$ (8.00 - 10:.'.'0 am.} C,:.r,~tructi~¢.. cf e power plant for ~nyth[ng cther Lhan cn
emergency sit~:a:;¢~s (nc ot:',,~r power a','aiJable,'-, sim.3;y does not fail under any of me
parma:ted uses for s RP, sident~ai Toudst DistrlcL ! don't know cf, ar','/other multifam[ly ch',-elling
or hotel the,', has its o',,,,~ po,.v~r ?ant for anything other than 8margencies. Ther6fcre, Dis
use cannot be "customary" accessory us~ as celled for by the definition of Residential Tourist
District. It cannot be customa:'~ ir no one else does it.
The se..':or, d basis for my complaint is :h.=., noise level. When Mr. Hedric~h tested the no;se
levels las[ week, he found the coo;lng t.../.m S, before the generator~ ~re ~;ng, to ~st at
59 eec' '~e,~.'~ The n..rma,~ ' d~¢;~.~ ........ ~lm~t during the d~y is E-0 deci~ls. A~er ~e ger~rat~ were
timed on a~ less then Full ~p~cft2, the noise i!m;t igc'eased to 65 deci~Is. Fu~herm~e,
'test was not at n~y pFoperty bod.~dary whch is cc the olher side of~e fen~. There was
w~qdeq fence betwee2 Mr. Hedr;ch and the geaerators ~en the test ~s ~ndu~ed. i ~
c ,~ey "-~ ,~,-' shows n'y. prcpeay 8xter,a;r;g several feet ~yo~ the fen~. In any eve~ ~e
Bill Bolger
January 21, 19~7
decibe; level increased at less,' -G decii:.eis. According to a sound expert familiar ~th the
cooling towers, an increase of 3 dscibe~s equals a dcubl',ng of the noise level. An increase of
6 decibe{s equal,,; a q,.~adrupling of the noise level. In o~er words when the generators went
on last week., th~ noise level was four times greater..
Please advise me as to how I may form=lize m.v complair% If you have any particular forms, I
v,~uld kindJy
..~ .... that you lei me k.'aow. I want to compJete the aclminis[rative process so
ss to avoid any de!ay~ after that point.
I look forward to hearing fram you. I remair.,
Sincerely,
RICHMAN, DEIFIC,',. LA,'qIER & ROSS, P. A.
DONALD K. ROSS, .JR., ESQUIRE
DKRJPJId
Enclosures: as
¢c: Bud Davis
',J. Willard Marriott, Jr,
Jennifer RichJer, Marco Island Eagle
d~;rir/r~s,,zc nin;.l:r,'1-2'1.57:L
::: Brian h~ik, ~!~.r.~n~
April 27, 1997
Bryan Milk
Collier County Govt.
2800 North Horseshoe Dr.
Naples F.L. 33942
Dear Mr. Milk,
I am in receipt in your correspondence dated Apdl 11,1997, wherein you
indicate the Marriot Hotel has applied for a petition which would allow it to build two
electric generators approximately 300 feet from my property. Please accept this lelter
as a formal opposition to same.
As a new lot owner, my hope was to build a home and retire to Marco island in
the near future. I carefully chose a lot in proximity to the ocean after my countless trips
to Marco Island. My decision was based on the existing homes in the neighb(xl'mod,
the asthetic appeal of the area as well as the relaxing atmosphere. This would be
disturbed if you allow the hotel to build the generators at this location.
Clearly these generators would be eyesores and detract from the beauty of the
neighborhood. These generators would not prove any use to the area except to
back-up the power source of the hotel. As such, let the Marriot find a closer area to the
hotel to build these generators. This way they would not de{ract from the homes in the
area and could serve their purpose.
If in fact this letter and other homeowner's complaints are defeated, then I ask
that Marriot be closely monitored in its building of these generators. Specifically the
size, sound and visual sight of these generators should be of paramount con(em.
They should be covered by enclosed fences with trees and shrubs surrounding them so
as not to detract from the view of the neighborhood. Also, there should not be any
sound at all erninating from these generators. Otherwise, this would surely disrupt the
quiet enjoyment of all the surrounding homes and make life unbearable. Also, the size
of theses generators should be extrsmely small so as not to attract attention.
I hope that alternative locations could be better discovered for these generator's.
But if the petition is passed, please voice the above concerns at the meeting.
Sincerely,
Michael Dotro Loyalty Ave.
~AG[ND I
MAY 2 ? 1997
~00 MONTSGO
MARCO ISLAH~, ~], 34145
pdndp~l pl~_nner, -- ~,-,-,'k~ Div~lon
2500 ~lo~h Horsesl~o~ Drive
per ~ection 1.6.9.2. of thc
~tl;oed h~ Ibc ~bove refcfen~
Al~hougl~ xvt undertta~ th~ ~e ~e~ors ate bCm8 n~ved, ~ ac~l~l~l ~all ~411 be p~d
mound each one, mufflers ~v~l ~ instillS, ~d tl~ ~11 not b~ m~g ~ the hours of
9:OOp,~ and 7:00a~ ~e also u~stand th~l l~ey ~11 ~ mm~g up to g hours m n~ore a day on
~ sre, ~d l~i they ~mlt ~mes ln~o ~h*
~wnre of how noisy · .Y
level and also the ~ount of dielel bmc5 being ~i~ intO the ~lr, We ~so l~uest that
hemat¢ s ~Ot be reviewed on th~ Marriott ptOp~, Oae sxx$gesiion mtfht ~e in the parking 1o~
~y the VoYager restaurant. Tiffs lot is' fir removed ~o~ tM guests, as wgi ~ the
If they need to be near the current ~r ~nditloner housinS, would it be poss~l¢ to fl~ove that
gso? Until these tuitions ~e answerM, we ¢~ot understand ~hy the owners would want to
ba¥¢ ~her ¢xpe~c ia ~o~n$ lmm only to then l~m that t~e d~ibel~ ~d ~cs s~ll exceed
cOUnty
Please enter this letl¢{ tuto ~e hearing and ask th~ abo~ ~utsllons -- ~p~lslly "~Y tllOVe
T~N fi~ out it w~l noX ~ork in ~ n~
Fiscally, p]eas~ be ax.~c~ lhat one other ~n¢~rn in this matter ~ the setting of a ~recedent. ~ the
Marriott I~ allowed to x~se these units, why ~ol th~ other hotels and eves a hom~w~r ~tho~h
Tha~}k y~ for your att~nt~n Io ti~s ~Rer.
AGENDA ITEM
~obca Ol~on
1,IA¥ 5 I...97
DOROTHY M. ELKAS
291S. COLLIER BLVD. ~305
MARCO ISLAND, FLORIDA 34145
April 21, 1997
Collier County Planning Commission
Collier County Government
2800 North Horseshoe Drive
Naples, Florida 33942
Attention: Bryan Milk, Principal Planner
Dear Officials:
Re:
Petition No. CU-97-7
Marriott Hotel Requesting Two
Standby Electric Generators &
Associated Equipment
Your letter dated April 11, 1997 with.respect to the
above-described request was forwarded to my Marco Island
residence, and received by me on April 21, 1997.
After considering the ramifications of having two
standby generators and associated equipment in such close
proximity to my property located at 291S. Collier Blvd.,
I feel it is deemed necessary to submit an objection to
the development and erection of said equipment for reasons
stated below.
The noise factor that will be heard when the
generators will be in service, whether it is
only once a day or four times a day.
The emission of polluted exhaustion.
Construction of barriers or walls to attenuate
the sound of operating generators may not prove
successful.
The approval of such action could result in
depreciation of my property which I had initially
selected as a comfortable, residential type of
life on this beautiful island.
It is my sincere hope that the Planning Commission will
reject the request stated above.
Very truly yours~
ACEND~ {T£M
- -'~'~:~/~"' )':'~ -~ 2 7 1997
Mrs. Charles Ash
430 Gil~tt Strut
Maasfi¢ld, MA 02048
April 23, 2997
Collier County Government
Community Development Services Division
2800 North Horseshoe Drive
Naples, FL 33942
ATTENTION: Bryan Milk,
Principal Planner
Dear Mr. Milk:
I am unable to be present at the.hearing on
May 1, 1997 to register my objection to
Petition No. CU 97-7 which if granted, can
only reduce the fair market value of my
premises.
If the standby generators are essential, I
urge that they be located on the hotel side
of South Collier Boulevard.
PoeL
April 24th 1997
o..BRYAN MILK
('un'ent Planning DepL
RE: ,MarrioR Generators on Marco Island Petition No. CU-97-7
Bryan,
'I he fax you .~ent )'t-,. lord,a)' ~vas.' r~t received in n legible manner, thc fax pui~:r
jamn~d. New roll or paler in this AM.
clique.ged yesterday. ! mn i~articularly interfered in tl~e D1T:SITI. fuel in(ormaUon.
I nm ~rt')' about Lhc double (~x e{fod. I don't think it will Iz. a problem
'll~,~nk you.
.'\,~trcw Arti~;o
Fax- 9114 681-0338
MAY ,2 7 1997
P{.
~Merrill Lynch
Collier County Planning Co~tsslon
County Current Planning Section
Development Services Building
2800 North Horseshoe Drive
East Naples, Florida 33942
Dear Sirs;
Ireceived a letter from you regarding the Petition
No CU-97-7 filed by Hr. Paul Whitten associated with
the Harriott Hotel property.
I urge you to turn down this petition because of the
noise fac:or if it is built as planned. The Harriott
has a lot of property in which this equipment that
would no: be a nuisance to property owners in' the
area. I understand chat the county has already
suggested another solution :o their problem for the
location o[ this equipment.. Why not 8o along with
that and let us rest in peace!!
Thanks
Lois C. BraCer
911 Dolphin Court
Harco Island, Fl 3~145
IJAY ,~ '7 1997
Mr. Bryan Milk
2800 North Horseshoe Drive
Naples, Florida 33942
Ms. Deborah Schlinder
298 West Flamingo Circle
Marco Island, Florida 34145
Dear Mr. Milk:
I am writing in reference to your letter of April 11, 1997,
regarding the installation of two standby electric generators
at the Marriott Hotel parking lot on M~rco Island. I am
requesting that you deny the installation of these generators
for the following reasons:
1. It is my understanding thai these are diesel powered gen-
erators. I am concerned with the safety and health hazzard
they may pose to the neighborhood. We frequently have to close
our homes now to keep out the fumes from busses. What will it be
like to have to huge generators in our back yards?
Also, what about the safety of a diesel generator and the
potential for fire? Does this type of machine really belong in
a residential neighborhood? Would you want it next door to you?
2. It is my understanding that these machines have to be run
daily and that the vibration causes problems for the adjacent homes.
I have had to leave my home and/or close the windows when the small
generator at San Marco Condominium turn on in the case of a power
failure! What kind of imposition is being placed on the neighbor-
ing homeowners when these machines are run daily?
3. I am also concerned about the value of my property. I
enjoy the privilege of living in a wonderful community, and
a safe neighborhood. I have paid for that privilege and do
not want to see my investment decrease in value for the convience
of The Marriott Corporation!
If these generators are really necessary and if they truly pose
no threat to the community, why does't The Marriott install them
in their southwest parking lot adjacent to their villas? Those
units are separate from the residential neighborhood and are not
occupied 100% of the time like our homes are.
It has always been our good fortune to have a positive relation-
ship with The Marriott Hotel. I sincerely hope this issue does
not cause undue hostility.
Thank you,
Deborah $¢hl±nder
MAY 2 7 1997
We, the undersigned residents of the neighborhood surrounding
The Harrio~t Ho~el, Marco Island, Florida, agree vtth the
concern expressed in this letter and enjoin the request to
deny the installation of generators on the parking lot near
our homes:
22 Seca Place
Salinas, CA 93908
April 28, 1997
Bryan Milk
Collier County Government
Community Dev. Services
2800 North Horseshoe Drive
East Naples, Florida 33942
Dear Mr. Milk:
This is in response to your April 11, 1997 letter Informing owners of property within 300
feet of two proposed generators for the Marco Marriott Hotel. (Petition No. CU-97-7)
This letter is a written protest against the proposed generators. As the co-owner of
Lots 11 and 12, Block 179, Unit 7, I believe that these proposed generators will greatly
devalue our property. These large generators are commonly known for producing a
lot of noise and fumes. Running these generators up to five hours per day is not
acceptable to the property owners and inhabitants of the area.
It seems unreasonable to expect property owners to go along with the Marrlott's plan
when it will so blatantly interfere with our right to the use and enjoyment of our private
property. When we originally purchased these lots in the 1960's (maybe a little young
and naive) they were supposed to be beach front property, and now it has come to
this...12 x 12 foot generators Jn our backyard.
We, the property owners find the idea of placing these generators near our homes
absolutely abhorrent.
J~on,.7incerely, t
jean Spellacy (/
(408)484-9738
P.el
MR. AND MP~ TI~IOTHY M, GORMAN
931MONTBGO COURT
M. dRCO I, YI~ND, FI. 3~I1¢$
Mr. Bryan Milk
Principal Planner
Community Development Services Divison
2800 North Horse,shoe Drive
Naples, FL 33~)42
'Re: Petition No. CU-97-7
Dear Mr. Milk:
Plea.se consider th. is letter writt~t notifica,iton that we are very much against the "Conditional Use'
per section 2.6.9.2. of' lhe ?antropic Power Products generators tnd uociated equipment' as
outlined Jn the above referenced petition.
AJthough we understand U~at these generators tre being mo'rt.;el, an accoustlcal wall will be placed
around each one, mufflers will be installed, and they. will not be running between the hours of
?:00pm and ?:OOam, we also understand that they wi//be running up to 8 hours or more a day on
very hot days. Of'course, this h most of'our summer. We believe the Contmission is already
aware of how noisy they are, and that they emit fumes into the air
What we are requesting is testing be performed before they are moved to establish thc decibel
level and also the amount of'diesel fumes being emittted into the air. We also request that an
alternate spot be reviewed on Ihe Marriott prope-ty. One su88estlon might be in the parking lot
by the Voyager restaurant. This lot is far removed from the guests, as well as the neighborhood.
if they need to be near the current air conditioner housing, would it be possible to move that
also? Until these questions ate answcrod, we cannot understand why the OWners would want to
bare fi, rthcr expense in moving them only to then learn that the decibels and Rtmes still exceed
county levels.
Please enter tiffs letter into the hearing and ask the above questions .. especially 'why move it,
THEN lind out it will nol work in the new iocaiton".
Finally, please be aware that onc other concern in this matt~- is the setting ora precedent. If the
Marriott is allowed to use these units, why not the other hotels and even a homeowner. A/though
the units would be smalI~, do we want these fumes and uoise in every neighborhood? ,Please
cons/der this issue thoroughly.
Thank you t'or your attention lo this matter.
Timothy
Cstherine Gorman
AGEND~
I~1o. ~
!
?
9
1!
RESOLUTION 97-
A RESOLUTION PROVIDING FOR THE ESTABLZSH}~.~4T
OF TWO STAJqDBY EL~-CTRIC GENERATO{~
~S~IATED
DISTRICT ~ TO SE~Z~ 2.6.9
(ESSE~ SER~) OF ~ CO~I~ C~
~ D~~ CODE ~R PROP~ ~D
IN SECTION 17~ T~SHIP 52 S~, ~ 26
~T, COLLIER
16 WH~RruA~, the Legislature of ~he State of Florida in Chapter
17 67~1246, Laws of Florida, and Chapter 125, Florida Statutes, has
1{ conferred on Collier County the power to establish, coordinate and
19 enforce zoning and such business regulations as are necessary for the
20 protection of the public; and
21 WHeReAS, the County pursuant thereto has adopted i Land
22 Development Code (Ordinance No. 91-102) which includes a
23 Comprehensive Zoning Ordinance establishing regulations for the
24 zoning of particular geographic d/visions of ~he County, among which
2~ is the granting of Conditional Uses; and
26 WHERF. AS, the Collier County Planning Comu~ssion, being the duly
27 appointed and constituted plann/ng board for the area hereby
2{ affected, has held a public hearing after notice as in said
29 regulations made and provided, and has considered the advisability of
30 Conditional Use 2.6.9.2 of Section 2.6.9 (Essential Services) for two
21 standby electric generators and associated equipment on the property
32 hereinafter described, and has found as a matter of fact (F-xhibit
33 'A") that satisfactory provision and arrangement have been made
~ concerning all applicable matters required by said regulations and in
2~ accordance with Subsection 2.7.4.4 of the Land Development Code for
~ the Collier County Planning Comm/sslon; and
37 WHEP~-~kS, all interested parties have been given opportunity to
38 be heard by this Board in & public meeting assembled and the Board
39 having considered all ~atters presented.
40 NOW, THEREFORE BE IT RESOLVED, BY TH~ BOARD OF ZONING]tPPFJtLS of
41
Collier County, Florida that:
-1-
MAY Y, 7 1997
The petition filed by Paul Ilhitten of Psntropic Po~er Products,
representing Harco Hariott Hotel with respect to the property
hereinafter described as:
Lots 1-7, Block 177, Marco Beach Unit 17, as recorded ~n
Pla= Book 6, Pages $5-62, of the Public Record~ of Collier
County, Florida.
s be and the same is hereby approved for Cor~Lttional Use 2.&.9.2 of
Section 2.6.9 (Essential Services) for two stLmdby electric
l0 generators and associated equipment in an RT zoning diet.tier in
accordance with the Conceptual Master Plan (Exhibit "B"} and subject
12
13
14
17
19
:20
22
:24
26
27
21
29
3O
31
32
33
3~
36
37
38
39
41
42
43
45
to the following conditions:
ao
The Current Planning Nanager~ay approve ~nor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by the
conditional use. Expansion of the uses identified and
approved within this conditional use application, or
major changes to the site plan subm/tted as part of
this application, shall require the subm/ttal of a new
conditional use application, and shall com~ly with all
applicable County ordinances in effect st the time of
submittal, including Division 3.3, Site Development
Plan Review and approval, of the Collier County Land
Development Code (Ordinance No. 91-102).
bo
The petitioner shall comply with the Collier County
Noise Ordinance No. 93-?? or its successor equivalent.
Each generator shall be utilized during Marco Island's
electric black out periods (ex: peak electric demand
and consumption time framesl between the hours of 7:00
a.m. and 7:00 p.m., not to exceed five hours daily.
Operation of each generator is permitted during power
outages occurring during any 24 hour period.
do
The exhaust emitted from each generator shall be free
of residue and shall be odorless to adjacent
properties.
eo
The generators shall be designed to prevent vibration
to adjacent properties.
This petition shall be brought back to the Board of
County Commissioners within one year of approval in
order to evaluate the generators usage and compliance
with the above measures. The Marriott shall keep a
log of daily hours of operation.
49
~2
$3
-2-
MAY ? lCJ':J7
!
10
11
12
i'~
14
16
17
]9
20
2l
Br. IT TURT~I~R K~$0LTI~ tJ~t t. Ms ~solution ~ re~ed ~ the
~nutes of this Board.
This Resolution a~pt~ af~er ~tton, seco~ ~d
~ne ~ls ~Y of , 1997.
BOARD OF 2Cffll~ ~PPF~I~
COI~:L~R COUNTY, FLORIIN%
ATTE S T:
DWIGHT E. BROCK, CLERK
A~PROVED A~ TO FORM AND
LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
A~SISTANT COUNTY ATTORNEY
BY:
T/)IOTHY L. HANCOCK, CHA/BMAM
-3-
MAY 7 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-7
The following facts are found:
1. Section 2.6.9.2 (Essential Services) 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 a o
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
xes , ¢ /
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~~o affect or tw/Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within/~istrict
Yes _ ~/ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should~ be'~c, ommended for
approval . ~ ..~~..~/
" I ' //~,'~
FINDING OF FACT CHAIRMAN/CU-97-7
I
!
I
I
!
~97
EXE~ S~Y
A RESOLUTION TO NULLIFY AND MAKE VOID THE APPROVED RESTRICTIVE
COVENANT AND SHARED PARKING AGREEMENT (PETITION SPA-95-1/RESOLUTION
95-330) BETWEEN TEO'S RESTAURANT AND THE BOARD WHICH ALLOWS FOR OFF-
SITE SHARED PARKING LOCATED ON LOT 21, J & C INDUSTRIAL PARK, ADJACENT
TO TEO'S RESTAURANT, IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
OBJECTIVE: Staff is requesting that the Board of County Commissioner's determine that
Resolution 95-330 is null and void due to the fact that numerous conditions of approval set forth in
Resolution 95-330 have not been met.
CONSIDERATIONS: On May 9, 1995, the Board of County Commissioners heard and approved a
shared parking petition (SPA-95-1) which allowed for thirty-four off-site parking spaces located on
property owned by Jolm Carini (Carini's Auto Sales) adjacent to Teo's Restaurant to be utilized by
Teo's Restaurant.
Resolution 95-330 approves petition SPA-93-1 which had included several conditions of approval. The
following conditions of approval have not been met to date:
1. The requirement that the applicant construct and maintain a pedestrian walkway between the off-
site shared parking (Carini's Auto Sales ) and Teo's Restaurant.
2. The requirement that the twenty-two spaces at Carini's Auto Sales be paved and striped as
indicated on the submitted preliminary Site Development Plan.
3. The petitioner shall provide an egress to Corporate Boulevard from the parking lot west of Teo's
Restaurant in order to provide access to the additional shared parking on Lot 22 (Carini's).
4. The petitioner shall provide directional signs at the entrance to the parking lot(s) for Teo's
reflecting the additional parking located on Lot 22 immediately to the west (Carini's).
5. The applicant shall submit a Site Development or Site Improvement Plan depicting all required
improvements.
An amendment to the SDP for Teo's Restaurant originally approved in January of 1994, was submitted
on March 1, 1995. The amendment depicting the proposed off-site shared parking, received a
preliminary staff review and was placed on hold pending the outcome of the Boards review of the
shared parking petition. Upon approval of the Shared parking petition, the applicant was directed to
submit revised site plans addressing all of the conditions of approval contained in the resolution of
approval. No final SDP amendment was ever submitted in response to staff comments. It has been just
over two tears since the shared parking was approved, and County r~cords indicate that no final SDP
amendment submittal was made. A~;~ ~'~:,~
I AY 2 7 1997'
PI. ~
Recently, Mr. Carini attempted to sell his used auto sales business, (including Lot 22). During the title
search, the restrictive covenant which had been recorded by Mr. Joe Di Massimo (owner of Teo's)
surfaced. Staff became aware of this situation when contacted by Mr. Settler, legal representative for
Mr. Carini, who inquired as to what could be done to clear the title for Lot 22 so that Mr. Carini could
complete the sale. According to Mr. Di Massimo, he has been unable to make any improvements on
Lot 22 because Mr. Carini has continued to utilize the lot for parking of used autos. According to Mr.
Carini, Mr. Di Massimo has made no attempt to initiate any improvements, and he wishes to have the
agreement nullified..
On April, 2, 1996, staff received a letter from Mr. Di Massimo requesting a one year extension of the
SDP from June 1997 to June 1998. It appears that there is some confusion on Mr. Di Massimo's part as
our records indicate that no final SDP amendment submittal occurred, and thus no final approval was
granted. An approved SDP is valid for two years and may be extended for one year by the Planning
Services Director. Since there was no approval, this SDP neither expires nor needs to be extended. The
applicant may simply submit the required site plans for review and approval. This in itself would not
be a problem except that Mr. Di Massimo had recorded the Restrictive Covenant and Shared Parking
Agreement. Based on the representation that, with this additional parking, the restaurant was supported
by seventy-five parking spaces allowing for 150 seats, Mr. Di Massimo obtained an on-premise license
to dispense the full range of alcoholic beverages in conjunction with the primary function of the subject
business, the sale of food items for on-premise consumption.
Several meetings have occurred between the County Attorney's Office, the property owners and their
respective legal representatives, and the Planning staff to review this situation and determine a course
of action. Based on the fact that there has been no effort to complete the required site improvements
and that the owner of the lot on which the off-site parking is located no longer wishes to continue the
lease arrangement, staff is recommending that the Board nullify the approved shared parking and direct
staff to notify Mr. Di Massimo to reduce the seating capacity in the restaurant to that which is
supported by the available on-site parking. This may result in non-compliance with the requirements of
the State Division of Alcohol, Tobacco & Firearms. The State is not necessarily concerned with the
number of parking spaces, but does require a minimum of 150 seats for a license to dispense alcoholic
beverages for on-premise consumption in conjunction with a restaurant. The Collier County LDC
requires 75 parking spaces in support of the 150 restaurant seats.
The restrictive covenant, in paragraph 9 states that upon failure to conform to any of the provisions of
the Agreement or the attached Agreement Sheet, the restrictive Covenant and Shared Parking
Agreement shall become void and of no effect and the petitioner shall be required to conform to all
zoning regulations as contained in the Collier County Land Development Code. Approving this
resolution will allow Mr. Carini to to clear the title on this property.
Both property owners are represented by counsel and while some litigation between the property
owners may occur with respect to the validity of the lease, and the breaking thereof, the County has the
power to nullify and make void the agreement where the terms of the agreement cannot or have not
been met, or where the lease is no longer valid. Absent the shared parking agreement, there are several
options available to Mr. Di Massimo. Mr. Di Massimo has indicated that requirer
spaces are not necessary since he does not generate that much business. Mr. Di
a variance from the required number of parking spaces. Another option would
· ~,.ventv-five narkine
e to or
7 lgg?
off-site parkin$ on some other property in close pro×imity to Tco's restaurant. Either of these options
will rcquir~ review and recommendation by thc Planning Commission and review and ~roval by the
Board of Zoning Apgcals.
FISCAL IMPACT: There is no ~ fiscal impact to the County as a r~sult of nullifying this
parking agr~ment.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staff recommends that the Collier County Board of Commissioners
spprove this Resolution repealing Resolution 95-330, thereby nullifying and making void the Shared
Parking agreement between Teo's Restaurant (owned by Mr. Joseph Di Massimo), and the Colliel'
County Board of Commissioners for off-site shared parking located on Lot 22, I & C Industrial P~.,
Section 11, Township 49 South, Range 26 East (owned by Mr. John Carini).
PREPARED BY
R~ERE, AICP
CURRENT PLANNING MANAGER
DoN~D~D~v. ARNOLD,
. PLAN~/ING//~ SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR
COMMUNITY DEV. AND ENV. SERVICES DIVISION
DATE
DATE
DATE
MAY 2 ? 1997
RESOLUTION 95- 330
SHARED PARKING ON PROPERTY HEREINAFTER
DESCRIBZD IN COLLIER COUNTY, FLORIOA.
"WHEREAS, the Legislature of the State of Florida in Chapter 125,.
j2Florida St&tv%es, has conferred on,all counties, in Florida the power to.
;establish, coordinate and enforce zoning and such business regulations
ss are necessary for the protection of the public; and
" W~EREAS, the County pursuant thereto has adopted a Land
.?.'Development Code (Ordinance 91-102) which establishes regula:lons fox
:'.'.the zoning of par%icular geographic divisions of the Coun%y, among
,;"'which is the allowance of shared parking; and
WMEREAS, the Board of Zoning Appeals, being the duly elated
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of shared parking as shown on the attached
plot plan, Exhibit "A", in an "I" zone for the property hereinafter
described, and has found ae a mat%mr of fact %ha% satisfactory
provision end arrangement have bean made concerning all applicable
matters required by said regulations and in accordance with Subsection
2.3.5.6, Section 2.7.5, and Division 3.3, of the Land Development Code
for the unincorporated area of Collier.~ounty; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that the petition filed by J. D. Allen,
representing Joe Dimassimo for Teo'.~ Restaurant, with respect to the
property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a shared parking as sho~n on =he
attached plot plan, Exhibit "A", of the "I" zoning district wherein
said property is located, subject to %he following conditions:
a. The applicant shall have the Restrictive Covenants and Shared
Parking Agreement (et%ached hereto and labeled as Exhibit
recorded by the collier County Clerk of the Circuit Courts and
shall bear the cost of said recordation. This shall be done
-1-
AGEND6 IT~J~
No. ~
MAY g 7 1997
~~" :. ~ '..~.,..,.-..;~...
v£thin fifteen (15) days of receipt of the restrictive covenants
· and Shared Parking Aqreement approved by this Board of Zoning
Appeala and signed by the Chairman of eaid ~ody.
b. The applicant ahall construct and maintain a pedestrian walkway
between the off-site shared parking located on Carini'a Auto
(Lot 21) and TeO'a Reataurant (Lots 22 and 23). The walkway shall
be main=aimed in a aafe and well-lit manner, lo long as %he Sharl
Parking Agreement remains fn effect.
c. The twenty-two (22) parking apacea at carinl's Auto Sales
reflected on the site plan'a parking data shall be paved and
atriped.
The petitioner ahall provide an agrees to Corporate Blvd. from the
exiating parking lo% west of TeO'~ Reatauran% (Lot 22) in order to
provide accesa %o the propoaed abated parking on Lot 21 o[
carinl's Auto Salea.
petitioner &hall provide directional cigna at the entrance to
e. The ~arking lot(a) for Teo'a Restaurant reflecting the additional
~he
parking on the adjacent shared parking immediately to the wes=.
The signa,ehall comply with Division 2.5 of %he Land Development
Code ·
f. The applicant shall aubmit a Site Development or Site Improvement
Plan, whichever i~ determined =o ba applicable, depicting all
improvements required purauan= to Division 3.3 of the Collier
county Land Development Code.
g. A minimum of 25 of the shared parking spaces mhould remain
a¢cesatble for parking for Teo'a patrons and ~hall not be used for
automobile display or atorage.
h. All applicable impact feed ~hall be paid prior to zoning approval
of beverage license and increased ~eating.
BE IT RESgLV!D tha% this Raso!ution relating to petition
SPA-95-1 be recorded in the minutes of.this Board.
offered the foregoing
commissioner
Resolution and moved for its adoption, seconded by Commissioner
and upon roll call =he vote was:
_/%~ncoCk
AYES: CommimsiomoC Noffio, Commi:~u[onoC Hnncock, Con,mismioner Mac'Ki*
NAYS:
ABSENT AND NOT VOTING: Commissioner Cons%an%ina
ABSTENTION:· Commissioner Ma=thews
COLLIER COUNTY, FLeZiDA /
iDWIGHT E. BROCK',:CLERK 3~ ~ I ~ "~
AppR6vzD AS-TO FO~ AND L~GAL SUFFICIENCY:
Marjo~ie-M. S%uden~
ASSISTANT CO~TY A~O~EY
SPA-95-1 RESOLUTION/lgk/14095 -
-2-
RESTRICTIVE COV£N~NT
AND SHARED PARKING AGREEM£~
THIS AGREEMENT is made and entered into this ~h day of
May ., 1995, by and between _ Joe pima~imo
(the -petitioner") and the Collier county Board of County
Commissioners (the ,,Board").
WHEREAS, petitioner is the (~~ (o~ner of)
Ted's Restaurant (hereinafter the
,,SubjeCt Property"), more particularly described as follows:
Lo~ 22 & 23 j&C.Industrial Park
Section 11 Township 49 S. Range 26 E.
; and
WHEREAS, the petitioner requires additional parking spaces
because of a planned expansion of of seating within the
petitioners facility which will require additional seating under
the Collier county Land Development Code; and
~EREAS, the Collier County Land Development Code ("LDC"), in
Section 2.3.5, defines two types of shared parking, joint and/or
leased; and
~£REA$, the petitioner is requesting leased parking where
credited parking space on the 1de which is served by said parking
exceeds that which is required by Section 2.3.14 of the Land
Development code; and
~EREAS, it is not practical =o provide all of the required
parking in accordance with Section 2.3.14 of the Collier County
Land Development Code on the subject property due to the physical
constraints of the subject property; and
WHEREAS, the Petitioner wishes to operate shared parking
facilities on land more particularly described as:
Lot 21J&C Industrial Park
Section 11 Township 49 S. Range 26 E. ; and
WHEREAS, the proposed off-site parking will provide 34 ....
spaces; which will meet the'required parking for the subject
property; and
WHEREAS, the Board has passed Resolution No. 95- ~d
relating to petition SPA 95-1 approving the proposed off-site
shared parking subject to the conditions sat forth below and any
further conditions found on the Agreement Sheet attached hereto
and labeled Exhibit "B".
NOW, THEREFORE, in consideration thereof, the Petitioner
agrees:
1. The above recitals are true and correct and incorporated
herein by reference.
2. That the proposed shared parking areas shall never be
encroached upon, used, sold, leased, or conveyed for any purpose
except for use in conjunction with the Subject Property for the
term of this Agreement·
3. That this agreement constitutes a restrictive covenant.
4. To bear the expense of recording this Agreement with the
Clerk of the Circuit Court which shall bind the property owner and
his heirs, successors and assigns.
4. To abide by all of the conditions and stipulations
described in the Agreement Sheet noted as Exhibit "B" attached
hereto and incorporated by reference herein.
5. That all of the requirements for a Board of Zoning
Appeals determination for off-site shared parking have been met.
6. This Agreement supersedes and modifies any prior parking
agreement which may have been executed between the Board and the
then or current owner of the Subject Property.
7. This Agreement shall remain in full force and effect
unless and until terminated by the Board.
8. This Agreement shall be voided by the Board if other off
street parking facilities are provided in accordance with the
requirements of Div. 2.3, LDC.
1997
9. That upon failure to conform to any of the provisions of
this Agreement or the attached Agreement Shee~, this Restrictive
Covenant and Shared Parking Agreement shall become void and of no
effect and the petitioner aha11 be required to conform to all
zoning regulations as contained in the Collier County Land
Development Code.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals the day and year first above written.
.'Attest:
: DWIGHT E. BROCK, Clerk
Witnesses:
? /
Approved as to form and
legal sufficiency:
Marjo=ie Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID~
/Chairman]
PETITIONER
STATE OF FLORIDA )
) sS.
COUNTY OF COLLIER )
The foregoing Restrictive
Covenant and Parkin'~ AgreeDent was acknowledged before me b
Petitioner, ~o ~3., ~/~ ·
(._ SWg,~U,~ ~'6' AND SUBSCRIBED before me thi~ Z/ day of
.Q Ax'~ ., 1995.
My Commission Expires: Notary Public
I~OT~..~.Y FtJSLiC STAll' C~'
~!'! CIJ;':.'C':SIOU EXP. AP,::I.~/.
AGE~D& IT. EM
MAY 2 7 1997
8
13A 2
L~
:' "~''" ....
~ : -, lC.` :. : -,
,. ,.x~., .. ~ .:~. l-..
i~. -:: ' ..... -"' '";' '_":
:: i !f
ii,:
i~ -.-
i .
I
Exhiblc "A"
c ¢. i3, 2
RE~OLUTION 95-
RELATING TO PETITION b-J~ZR SPA-95-1 FOR
SHA~EO PAP.KING ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUI;TY, FLORIDA.
WHEREAS, =he Lagiel&ture of the State of Florida in Chapter 125,
Florida Sea=utes, has conferred on al! counties in Florida the power to
establish, coordinat, and enforce zoning ~nd such business regulations
as ara necessary for the protection of the public; and
WHERF. AS, the County pursuant there%o has adopted a Land
Development C:de (Ordinance 91-i02)=...,..'~-~ establishes regulations for
the zoning cf particular geographic divisions of the County, among
which is %~e a~o~.a~te cf shared parking; and
WHEREAS %he Board of Zoning Appeals, being the duly elected
constituted k:ard of the area here~}' affected, has held a public
hearing '~f%er notice as in said regui~=i:ns made and provided, and has
considered :he advisability of shared ~arking as shown on the attached
plot plan, Exhibit "A", in an "i" zcr. e f:r =he property hereinaf:er
described, an~ has found as a matter :f f~=: that satisfactory
provision and arrangemen% have bean i~de concerning al! applicable
matters reTaired by said regula:icns ~nd in accordance ~ith Subsection
2.3.5.6, Sec:ion 2.7.5, and Division 2.3, of the Land Development Code
for the uninc=rporated area of Collier County; and
~ER=_3. S, all interested parties nave been given cpportunity =o be
heard by this Board in ~ublic nee:lng assembled, and zhe Board having
considered all matters presented;
NOW THEKETORE BE IT RESOLVED BY UHE !OARD OF ZONING A?PEALS of
Collier Count':', Florida, that the pe~i=i=n filed by J. D. Allen,
representing Joe Dinassimo for Teu's 7. as%aurant, ~'ith respect to :he
property hereinafter described as:
be and the sar. e hereby is approved for a shared parking as shoun cn the
attached plot plan, Exhibit "A", cf =ne "i" zoning dis:rice ~herein
said proper~y is locater, subjec: to ~he following cor.~itions:
EXHIBIT "B"
-!-
AGEND& LTEM
.o./.~.~
I AY ? 1997
a. The applicant shall have the Raetric~ive Covenants Lad Shared
Parking Agreement (attached hereto Lad labeled es £~hibit 'C")
recorded by the Collier County Clerk of the Circuit Courts and
shall bear the cost of said recordation. This shal! be done
within fifteen (15) days of receipt of the restrictive covemants
end Shared Perking Agreement approved by this Board o= Zoning
Appeals and signed by the Chairman of said body.
b. The applicant shall construct and maine&in a
between the off-site shared parking located on Cerini's Auto Sales
(Lot 21) and Ted'S Restauran= (L~ts 22 and 23). The walk, ay shall
be maintained in a safe and well-lit manner, so long as ~ke'$hared
Perking Agreement remains in effect.
c. The twenty-two (22) parking spaces a~ Carini's Auto Sales
reflected on the site plan's parking data shall be ~aved and
striped.
do
The petitioner shall provide an egress to Corporate Blvd. from the
existing parking lo~ west of Ted's Restaurant CLot 21) in:r.~er to
provide access to the proposed shara~ parking on Lc= 21 cf
Carini's Auto Sales.
ed
The petitioner shall provide directional signs at ~ha enurance to
the parking lot(s) for Ted's Restaurant reflecting =he addi:iona!
parking on the adjacent shared parking i~mediately %: the
The signs shall comply with.Division 2.5 of the Land Devei:~:ent
Code.
The applicant shall submit a'Size D%ve!oDmen= or Sila Ir~r:':anen%
Plan, whichever is determined =c ~e applicable, deTic%inr al! si=e
improvements required pursuant =: Division 3.3 of %ne Cc:'ier
County Land Development Code.
BE IT RESOLVED =hat =his Res:!u=ion relating ~o
SPA-95-1 be recorded in %he minutes cf =his Board.
Commissioner "offered the fore~cing
Resolution and moved for its ado~=icn, seconded by
and u~cn roll call the vote
AYES:
NAYS:
ABSENT ~;D NOT VOTING:
ABSTENTIO:::
Done th:s
ATTEST:
DWIGHT E. BR3CK, CLERK
day of
, 1995.
BO.~R~ OF ZONING APPL:~S
CCLLiER COUNTY, FLOKiiA
O
O
O
B~-TTY-2 J, F~%TTHEWS,
APPROVED AS TO FOP~M A/;D LEGAL SUFFiCiENCY:
~.ar]or~e ::. S~uden%
ASSISTANT CC.~:TY ATTOR/4£Y
SPA-95-1 Y.-Y. 5~'Lt~ION/lgk/14095
-2-
MAY 2 ? 199'
Collier County Planning Department :'
ATT: Mr. 8am Saedah ·/".'. '"' '?~".-,
2800 North Horseshoe Drive .....
Naples, F1 33942 ''
Dear Mr. Saadeh:
-. This request ;~for ~'a
"7
SHARED PARKING LEASE
This Lease is made and entered into this t~ day of
February, 1995,by and between 3ohn Cartnt, or his successors
(hereinafter called 'Landlord'), and T S Inc., a Florida
corporation, (hereinafter called 'Tenant']. The Landlord and
Tenant hereby mutually covenant and agree as follow~:
1. DEFINITIONS:
Lot 21, j & C Industrial park (an unrecorded Plat)
North ½ of Section 11, Township 49 South, Range 25 East,
particularly described as:
In the
more
Commencing at the West % corner of Section 11, Township 49 South,
Range 25 East, Collier County, Florida; Thence along the West
Line of said Section 11, N O'10'36' West, 1829.95 feet to the
centerltne of a road; Thence along said centerltne N 89'28'18' E,
4572.60 feet for a Place of Beginning; Thence continuing along
the last described course 100.00 feet; Thence S 0'31'42' E,
185.00 feet; Thence S 89'28'18" W, 100.00 feet; Thence N 0'31'42'
W,185.00 feet to the Place of Beginning being part of the
North % of Section 11, Township 49 South, Range 25 East, Collier
County Florida; Subject to a Drainage Easement over the Southerly
15.0 feet with the Northerly 35.0 feet thereof reserved as road
right-of-way for Public ingress and egress.
2. LOCATION AND GRANT:
For the rent and upon the agreements contained in this Lease,
Landlord leases to Tenant and Tenant rents from Landlord Real
Property.
3. TERM AND COMMENCEMENT:
a. Term: The initial term of this Lease shall be for a per/od
of ten (10) years and shall commence on the ~1% day of 1995,
the "Term Commencement Date"), and shall terminate the ~/~_ day
of 2005, (the "Termination Date").
(3)' b. In addition to the initial term, Tenant shall have three
five year options to renew this lease on giving written
notice to Landlord not less than four (4) months nor more than
nine (9) months before expiration of the then existing Term, on
the same terms and conditions herein set forth (including
increase in the Basic Annual Rent based on the Consumer s Price
index). '
AGENDA I'l EM'~
MAY 2 ? 1997
4. RENT: Except as otherwise provided herein, Tenant does
hereby covenant and agree to pay the Landlord, beginning on the
Term Commencement Date and in lawful money of the United States,
without demand or deductions, at Landlord's address set forth
above, or at such other place or other party as Landlord may from
time to time direct in writing, the following which are
collectively referred to hereinafter as "Rent", plus any and all
sales tax due thereon under Florida law, which provides that
sales tax must be paid on all amounts paid by the Tenant to the
Landlord hereunder.
a. During the first year of the Term, Tenant shall pay to
Landlord a Basic Annual Rental ("Rent") of $10.00 and other
valuable considerations.
~,~hec6 foregoin~g instrument was acknowledged before me this
~_ day of .,t~F~ , 1995 by Elizabeth A. DiMassimo, in her
capacity as President of T S Inc., who is personally known to me
or who has produced as
identification and who did not take an oath. NOTE: If a type of
identification is not inserted in the blank provided, then the
person executing this instrument was personally known to me. If
the words in the parenthetical "did not "are not circled, then
the person executing this instrument did take an oath.
Type or print name .of Notary
Commission No.
My Commission Expires
AGENDA Il[il..,.
"o.
MAY ? 1997
Treadwell,
Northern Trust Buildin8
· 201 Tamiami Trail North
Suite 250
Naples, Florida 34103
Telephone (941) 262-1202
Facsimile (941) 262-~219
Stetler, Erickson, Cimino
Attornc~ at L~w
· 4 gartntrJhi~ includint pmfe~ion~l a.t~oci~tio~
March 20, 1997
& McElrath
Collier County Attorney
David Weigel
Administration Bldg.
3301 E. Tamiarni Trail
Naples, FL 34112
Re: Sale of Lot 20 and 21, J & C Industrial Park
Dear David:
I currently represent John Carirfi in the sale of the above referenced property.
An examination of the title picked up a cloud created by a restrictive covenant and
shared parking agreement as well as Resolution No. 95-330 recorded at Offidal
Records Book 2059, Page 885 of the Public Records of Collier County. A copy of
these documents are attached for your perusal.
It seems that in 1995 the owner of Teo's (Joe Dimassimo, Lots 22 and 23,
J & C Blvd.) requested that Mr. Carini, the o;vner of Lots 20 and 21, enter into a
lease to allmv Teo's Restaurant the ability to share the use of Lot 21 for parking
purpo-~es.
%rhile Mr. Carini did execute a ten year lease with Teo's (for absolutely no
consideration) to help his neighbor Mr. Dimassimo, he had no idea that the County
would be placing a restrictive covenant against Lot 21 prokibiting him from selling,
leasing or in any other way using the property.
Also, I have reviewed the County's file regarding Resolution No. 95-330 and
no where in the file does it indicate that Mr. Carini in any way agreed or acquiesced
to the County encumbering his property with such deed restrictions.
It also should be pointed out that Lot 21, J & C Industrial Park is to~_a!ly
I/lAY 2 7 1997
inaccessible from Teo's Restaurant for parking purposes. A fence exists between Lot
21 and Lot 22 and approximately one year ago, the owners of the property to the rear
of Lots 21 and 22 placed a fence along the back alley making Lot 21 totally
inaccessible from Lot 22 for purposes of Teo's overflo~t parking.
Finally, the ten year lease, which Joe Dimassirno (Teo's Kestaurant) previously
had with Mr. Carini has now been terminated and the only thing holding up the
SBS0,000 sale of LOt 20 and Lot 21 is the County's cloud on Mr. Cnzisfi's tide
created by the enclosed restrictions.
The buyer has given Mr. Cnsini thirty (BO) days to remove this cloud or the
sale will be terminated.
Please take all necessary steps to remove the cloud within the next thirty (B0)
Sincerely,
CC:
Marjorie Student
John Carini
Bob MuLhere
Wayne Arnold
Teo's So. Inc.
2452 J & C Blvd.
Naples, Florida
April2,1997
Mr. Wayne Arnold
Planning Services Director
2800 N. Horseshoe Dr.
Naples, Florida
Ref: Teo's
si)r, 73-/I
Dear Mr. Arnold,
We would like to extend our SDPg. J'-/~0expiration from June 1997 to June 1998 in
order to make all site modifications. Due to all the construction to the south of J& C Blvd., our
business was off a significant amount and we have just generated enough funds to complete all
the SDP requirements that were graciously granted by your dept. We feel we will be able to
begin within 180 days and be complete within 240 days of this date. If our extension request
cannot be met please contact us in writing within the next 10 days.
Thank you for your co-operation.
Sincerely,
, ×.
.~f/Joe Di Massimo
MAY 2 7 1997
I~SOLUT2ON NO. 97-__..._
A p~SOLUTION VOIDING THAT CERTAIN RESTRICTIVE
COV~NA/qT ;%ND S}{AI~ED p;~%KING AG~NT DATED
~y 5, 1995 BY ~D BET~EN JOE DI~SIMO ~
T~ B~D OF CO~TY c~ISSIO~RS OF COLLIER
CO~TY ~ORI~, ~ ~SCINDING ~SOLUTION
~ER 95-330 W~C~ ~PRO~D SA~D ~STR~CTI~
COrNeT ~D p~ING AG~NT
WHERF2%S, on May 9, 1995, the Collier County Board of County
Commissioners sitting as the Board of Zoning ;%ppeals approved a certain
Restrictive Covenant and shared parking Agreement dated May 5, 1995 by
Resolution Nu~er 95-330 pursuant to SubSection 2.3.5. of the Collier
County Land DeVelopment Code; and
WHEREAS, said covenant and Agreement was executed by and between Joe
Dimassimo, the owner and operator of Teo's Restaurant, and the Board of
county Corm~issioners, wherein it was agreed that Mr. Dimassimo had secured
~he necessary 34 additional parking spaces from the o.~er of
i~ediately adjacent p~operty, John Car!mi; and
WHE~, appended to the Covenant and Agreement is Exhibi= 'B" which
~ets forth a n~er of condi%ions with which Mr. Dimassimo had %o comply;
and WHERe, Paragraph 4 of the covenant and Agreement provides that
Petitioner agrees to abide by all conditions and sti~ulation~ described
therein; and
WHE~AS, Paragraph 7 %hereof provides that the Covenant and Agreement
5hall remain in full force and effec% unless and until re,ina=ed by this
Board; and
WHEREAS, Paragraph 9 thereof provides that the Pe%itioner agrees ~ha%
upon failure to conform to any of the provisions of %he Covenant and
A~reement then said Covenant and Agreement shall become void and of no
effect.
NOW THE~FORE, BE IT ~SOL~D BY Th~ BO~D OF ZONING ~P~S OF
COLLIER CO~TY, FLORIDA that:
It is hereby found that the above-referanoed Covenant
and Shared parking Agreement has been violated in the
following particulars:
a) That the applicant has failed to construct and
maintain a pedestrian walkway between the off-site
shared parking (Corini's Auto sales) and Teo's
Restaurant as required by paragraph b. of Exhibit B
to the Covenant and Agreement.
b) That the applicant has failed to pave and stripe
twenty-two parking spaces at corini's Auto Sales as
indicated on the preliminary site development plan as
required by paragraph c. of Exhibit B to the Covenant
and Agreement.
c) That the applicant has failed to provide an egress to
Corporate Boulevard from the parking lot west of
Teo's Res~.~u~ant to provide access to the additional
shared parking on the Corini property as required by
Paragraph d. of Exhibit B to the covenant and
Agreement.
d) That the applicant has failed to provide directional
signs at the entrance to the parking area for Teo's
Restaurant to reflect the additional available
parking on the Corini property as required by
Paragraph e. of Exhibit B of the covenant and
Agreement.
e) That the applicant has failed to submit a Site
Development Plan or site Improvement Plan as
required by Paragraph f. of Exhibit B of the Covenant
and Agreement.
2. For all of the foregoing reasons, the Restrictive
Covenant and Shared Parking Agreement dated May 5, 1995
by and between Joe Dimassimo and the Board of county
commissioners of Collier County is hereby declared to be
NULL AND VOID.
3. Accordingly, Resolution Number 95-330 adopted by the
Board on May 9, 1995 approving said Restrictive covenant
and Shared Parking Agreement is hereby RESCINDED.
BE IT RE~OLVED that this Resolution be recorded in the
Minutes of this Board.
This Resolution adopted after ~otion, second and majority vote.
Done this day of , 1997.
ATTEST:
BOARD OF COt~TY CCI~{ISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL
SUFFI CI ENCY:
ASSISTANT COUNTY ATTORNEY
fl~ll~kl~u~ ion
~XECUTIVE SUMMARY
BOULEVARD EXTENSIOn'
THE FINAL PLAT OF "GAIL
To approve for recording the final plat of "Gall Boulevard
Extensionm, a subdivision of lands located in Section 1, Township 50
South, Range 25 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the final plat
of "Gall Boulevard Extension". This document is in compliance with
the County Land Development Code and Florida State Statute No. 177.
Ail fees have been paid. There are no subdivision related
improvements associated with this plat.
Engineering Review Section recommends that the final plat of "Gail
Boulevard Extension" be approved for recording.
The fiscal impact to the County is none.
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Gail Boulevard Extension" with the following stipulations:
1. Authorize the recording of the Final Plat of "Gall Boulevard
Extension." AG£N~
MAY ? 1997
EXECUTIVE SUMMARY
O~ECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PL~T OF
BOULEVARD EXTENSIOn'
'To approve for recording the final plat of "Gall Boulevard
Extension", a subdivision of lands located in Section 1, Township 50
South, Range 25 East, Collier County, Florida.
CONBIDFRATIONz
Engineering Review Section has completed the review of the final plat
of "Gail Boulevard Extension". This document is in compliance with
the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. There are no subdivision related
improvements associated with this plat.
Engineering Review Section recommends that the final plat of "Gail
Boulevard Extension" be approved for recording.
The fiscal impact to the County is none.
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
~QWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
~ECOMNENDATION:
That the Board of County Commissioners approve the Final Plat of
"Gail Boulevard Extension" with the following stipulations:
1. Authorize the recording of the Final Plat of "Gall Boulevard
Extension." AG£~ ~£~
BAY ? 1997
Executive Summary
Gall Boulevard Extension
Page 2
PREPARED BY:
Senn R. HouldsQorth, Senior Engineer
Engineering Review
Date
REVIEWED BY:
· homa~ E. Kuck, P.E.
Engineering Review Manager
Donald W. Arnold
Planning Services Director
Vincent A. Cautero, Administrator
Community Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
JRH:ew
Community Dev. and Environmental Svcs. DIVISION
Date
Uat'6
Date
DR
S UBJ£ CT
PROP£ ~ TY
RD
COMMENDATION TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
TBR AND SEWER IMPROVEMENTS FOR THE FINAL pLAT OF "LEXINGTON ~T LONE
UNIT TWO"
To grant final acceptance of "Lexington at Lone Oak, Unit Two"
1. On November 17, 1995, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and
sewer improvements in "Lexington at Lone Oak, Unit Two".
2. The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the project's
homeowners association will be maintained by the County.
3. The required improvements have been constructed in accordance
with the Land Development Code. The County Development
Services has inspected the improvements and is recommending
final acceptance of the improvements.
4. A resolution for final acceptance has been prepared and
approved by the County Attorney,s Office. A copy of the
document is attached.
The roadway, drainage water and sewer improvements not required to
be maintained by the project's homeowners association will be
maintained by the County Transportation Department and the County
Utility Divisions. Funds for the routine maintenance and upkeep
will come from the Operations and Maintenance budgets of the
Transportation Services and Utility Divisions.
None
gaf 2 7 1997
Executive Summary
Lexington at Lone Oak Unit Two
Page 2
~ECOKMENDATIO~:
That the Board 'of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Lexington
at Lone Oak Unit Two- 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:
nglneerlng Review Date
REVIEWED BY:
uck, p s
Engineering Review Manager Date
L~_=e~. A._Cautero, Ad~n ~rator ~ate
uommunity Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
JRH: ew
AGEND&
MAY ~ 7 1997
~C
-4
NO
,TH NA
I~'TA'TT:3
19
2~
lAY
.18
3
I~N£ R~DGC ROAD
7
(ce. ~)
2!
11'
MAY 27
?
$
9
I0
12
I?
19
20
21
22
24
2~
~0
~2
~0
41
42
44
47
50
57
~0
RESOLUTION NO.
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN LEXINGTON AT LONE OAK, UNIT
TWO, RELEASE OF THE MAI2qTENANCE SECURITY,
AND ACCEPTING TI~ MAINTENANCE
RESPONSIBII. ITY FOR THE ROADWAY, DRAINAGE,
WATER AND SEWER IM1:'RO~S THAT ARE NOT
REQUYRED TO BE I~IN'rAINED BY THE
HOMEOWNERS ASSOCIATION.
WI'~REAS, the Board of County Commissioners of Collier County, Florida, on Octob~'
17, 199S approved the plat of Lexington al Lone Oak, Unit Two for recording; and
WHEREAS, the developer.has construcled ~nd maintained the roadway, drainage, w~ter
and sewer improvements La accordance with the approved plans and specifications and ~ required
by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the
Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17). and
t,V'riEREAS, the developer has now requested final acceptance of the roadway, drainage.
water and sewer improvements and release of his maintenance security; and
WH]EREAS, the Compliance Services Section of the Development Services Depa. rtment
has inspected the roadway, drainage, water and sewer improvements and is recommending
acceptance oft, aid facilities.
NOW, THEREFORE, BE IT RESOLVED BY TH~ BOARD OF COUNTY
CONI]vflSSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for
those roadway, drainage, water and sewer improvements in Lexington at Lone Oak, Unit Two,
and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED Ax,X) ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and sewer improvements
that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote favoring same.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COM2vl1SSIONERS
COLLIER COUNTY, FLORIDA
By:.
TEMOTHY L. HANCOCK, CHAIRMAN
Approved as to form and legal
sufficiency:
Assistant Collier County Attorney
]'~'~'DA
MAY g 7 1997
i
TO GRANT FINAL ACCEPTANCE OF THE ROADWAY~ DRAINAGBt
~7ATER ~ND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "WILLOUGHBY PINES"
To grant final acceptance of "Willoughby Pines"
On April 12, 1990, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and
sewer improvements in "Willoughby Pines".
The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the project's
homeowners association will be maintained by the County.
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.
e
A resolution for final acceptance has been prepared and
approved by the County Attorney's Office. A copy of the
document is attached.
The roadway, drainage water and sewer improvements not required to
be maintained by the project's homeowners association will be
maintained by the County Transportation Department and the County
Utility Divisions. Funds for the routine maintenance and upkeep
will come from the Operations and Maintenance budgets of the
Transportation Services and Utility Divisions.
NT IM AC : None
AGEND&
MAY
Executive Summary
Willoughby Pines
Page 2
That the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Willoughby
Pines" 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:
~Engne~
Engineering Review
Date
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Pl~n~[ng Services D~rector
Vincent A. Cautero, Administrator
Community Dev. and Environmental Svcs.
Date
Date
Community Dev. and Environmental Svcs. DIVISION
J~:ew
25 E
AND PLANNED UNIT DEVELOPME
-18
19
,TH NA ,ES
-4
-¢
22 ~
I
I?
28
,6
i
(c.~. a.~a)
-4,
~N
I
6
?
8
9
l0
11
12
13
14
15
16
i?
19
20
21
22
24
25
26
2'/
28
29
30
31
32
33
34
3.5
36
37
38
39
4O
41
42
44
45
46
4'7
48
49
50
52
54
55
56
57
59
RESOLUTION NO. 97-~
RESOLUTION AUTHOKLZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN WILLOUGHBY PINES, RELEASE
OF THE MAINTENANCE SECURITY, AND ACCEPTING
THE MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO BE
MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on January
2, 1990 approved the plat of W'tlloughby Pines for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage, water
and sewer improvements in accordance ~th the approved plans and specifications ~ as requLred
by lhe Land Development Code (Collier County Ordinance No. 91-102, as amended); and the
Utilities Standards and Procedures Ord;nance (Collier County Ordinance No. 97-17),and
~,VI-[EKEAS, the developer has now requested final acceptance of the roadway, dra2nage,
water and sewer improvements and release ofh~s maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services Depzrlment
has inspected the roadway, drainage, water and sewer improvements and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORA, that final acceptance be granted for
those roadway, drainage, water and sewer h'nprovements in Willoughby Pines, and authorize the
Clerk to release the maintenance securhy.
BE IT FURTHER RESOLVED AXD ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and sewer improvements
that are not required to be maintained by the homeowners association.
Ti'ds Resolution adopted aRer modon, second and majority vote favoring same.
DATE:
A'I'TEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY CO~flSSIONERS
COLLIER COUNTY, FLORIDA
By:~
TIMOTHY L. HANCOCK, CHA-~.L~N
Approved as to form and legal
Assistant Collier County Attorney
AGENDA,ITEM
MAY 2, 7 1997
O~ECOM~ENDA~ION TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FREEDOM SQUARE"
To grant final acceptance of "Freedom Square"
CONSIDERATION,
1. On December 12, 1995, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and
sewer improvements in "Freedom Square"
2. The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the project's
homeowners association will be maintained by the County.
3. The required improvements have been constructed in accordance
with the Land Development Code. The County Development
Services has inspected the improvements and is recommending
final acceptance of the improvements.
4. A resolution for final acceptance has been prepared and
approved by the County Attorney's Office. A copy of the
document is attached.
..FISCAL IMPACT ..
The roadway, drainage water and sewer improvements not required to
be maintained by the project's homeowners association will be
maintained by the County Transportation Department and the County
Utility Divisions. Funds for the routine maintenance and upkeep
will come from the Operations and Maintenance budgets of the
Transportation Services and Utility Divisions.
~ROWTH MANAGEMEN~ IMPA(~, None
Executive Summary
Freedom Square
Page 2
That the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Freedom
Square" and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution
authorizing final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY:
John R. Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
Engineering Review Manag~
Community Dev. and Environmental Svcs.
Date
Date
Community Dev. and Environmental Svcs. DIVISION
JRH: ew
MAY ? 1997
EAST
12
MARCO
Zne
II
ROAD
SOUTH
12
BAY
RESOLIYrlON NO. 9'/-
RESOLUTION AUTHORIZING FI~IAL ACCEPTANCE OF
THOSE ROADWAY, DRAYAGE, WATER AND SEWER
IMPRO~S I'N FREEDOM SQUARF~ RELEASE OF
THE MAINTENANCE SECURITY, AND ACCEPTfNG ~
MAINTENANCE RESPONSmH. ITY FOR TIlE
ROADWAY, DRAINAGE , WATER AND SEWER
IMPRO~S THAT ARE NOT REQUIRED TO BE
MAINTAINED BY TH~ HOMEOWNERS ASSOCIATION.
WHEREAS, the Bo,u'd of County CommL~ioners of Coflier County, Floricla, on
Novembo' 16, 1993 approved the plat of Freedom Square for recording; and
~, the devdoper ha~ corts~ructed ~ maintained the roadway, drainage, v.~ter
tnd sewer improvements in acco~daz~ce with the approved plan~ and specifications ~d a.s required
by the Land D~'velopment Code (Collier County Ordinance No. 91-102, u a.,nend~; and the
Utilitie~ Standtrds ~ Procedures Ordinance (Collie~ County Ordinance No. 97-17~and
WI-IEREAS, the developer ha~ now requested final acceptance of the roadway, drainage,
water and sewer improvements tnd release of bls maintenance ~ecurhy, and
W~'tEREAS, the Compliance Servlce~ Section of the Development Services Department
has inspected lhe roadway, drainage, water and s~tr improvements and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance b~ gra~ted for
those roadway, drgnage, water and sewer improvements in Freedom Square, ~nd authorize the
Clerk to release the maintenance security.
BE IT FURTI-[ER RESOLVED AN'D ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and .~.'~,'er improvements
that are not required to be m~tlntained by the homeowners association.
TI~s Resolution adopted aRer motion, second and majority vote favoring same.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY CON~flSSIONERS
COLLIER COUNTY, FLORIDA
By:
TI~IOTHY L. HANCOCK, CH. Ai~.L~N
Approved a~ to form and legal
su~dency:
Heidi F. Ashton
Assistant Collier County Attorney
AGENDA ITEM
MAY 7 1 37
EXECUTIV._..._.~E SUMMARY
RECOMMENDATION TO AWARD
"Purchase of Well Point System"
Bid # 97-2657
OBJECTIVE: That the Board of County Comm/ssioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District of Collier
County Flor/da, Award Bid 97-2657 for the Pta-chase of the Well Point
System to Complete Dewater/ng Pumps & Wellpo/nts.
CONSIDERATION:
1. This item was specifically budgeted for FY 96/97
2. Invitations to bid were posted on March 11,1997 and bid packages were
sent to one hundred eighty five (185) prospective bidders. Bids were received
from seven (7) vendors and opened on April 9,1997.
3. The purpose of this particular bid is to provide a method of dewatering
during excavation of sewer repairs and installations.
4. Staff has reviewed the bids and Complete Dewatering & Wellpoints meet
all the criteria and is the lowest dollar amount. Therefore it is recommended
that Complete Dewatering & Wellpoints be awarded Bid#97-2657.
FISCAL IMPACT: The fiscal impact associated with this item is
$24,900.00 and has been specifically budgeted for. Funding is available in
408-233351-764990. There is a balance of $176,122.89 in this account.
GROWTH MANAGEMENT IMPACT: None
~AY 2 7 1997
~. !
, ~ ~ III I II III IIII IIIII II ..........
RECOMMENDATION: That the Board of County Commissioners, Ex-
Officio the Governing Board of the Collier County Water-Sewer District
award Bid # 97-2657 to Complete Dewatering & Weilpoints for the purchase
of the Wellpoint System.
PREPARED BY:
J~tck Riv~l, Collections Field Supervisor
Tim~)th~ L. Cl-emons, Wastewater Director
REVIEWED BY:
APPROVED BY:
Stephen Y. Carnell, Purchasing Director
~~,--"2...-~ _
Ed Ils~hner, I)ublic Works Administrator
1997 I
c!:;,[ L ;.".'~.. coL::; r :'
TABULATION FOR BID #97-2657 I -- ~ ~ ~qa37 I POSTING DATE: March Fl;.'l'~Jgq']. ".r ......
DATE: April 9, 1997 ~ g 97/,..??. I t~ ,;It ti' 1 7
I .,-t~.,,..~,~.-, I ~'ol~rld I /qc/e,5.c. I~-'£d:(-',','~
Total ~ce for One (I)
~/L
Prompt Payment Terms % Days __% __Days __% __ Days __% __Da]os
Terms Net 30 Days Net 30 Days Net 30 Days Net 30 Days
Addenda Received if Applicable? ;~1]~ ~,qJ~ ,~2~ ,k]/i.'
Cheryl . Gentry, Purchasm~lcmn
No Bids Received From: Hughes Supply, Inc.; Missimer International, Inc.; Nalco Chemical Company; ESi International, Inc.;
Phillips & Jordan, Inc.; Bob Dean Supply, Inc.; Coast Pump & Supply; and System Solutions.
TABULATION FOR BID #97-2657
POSTING DATE: March I 1, 1997
"Well Point System" INVITATIONS SENT TO: 185 Vcndor~
OPENING DATE: 'April 9, 1997
Page I of I ~
I --~fv,CC r~:,t,: '1~ ~ ' .............
Total ~ce for One (1) Well
Po~tSystem(delivered) TotaIPrice S~Z9;C'~.~ S ~CE. aC ~ ~2,qEO.~, S
Prompt Payment Terms % Days /-.L_% /._.~Days ~% ~Days
Ten'ns Net 30 Days Net 30 Days Net 30 Days
_ % ~Days
Net 30 Days
Witness:
-¥L.
Cheryl L. Gent~J Purchasin~
No Bids Received From: Hughes Supply, Inc.; Missimer International, Inc.; Nalco Chemical Company; ESI International, Inc.;
Phillips & Jordan, Inc.; Bob Dean Supply, Inc.; Coast Pump & Supply; and System Solutions.
FIAY 2 7 1997
r×v-¢vrrv~ SUMM^RY
APPROVE CHANGE ORDER NO. Z TO JOHNSON ENGINEERING, INC. FOR
MODIFICATIONS TO THE EAST NAPLES PARK SKATEBOARD FACILITY.
~ Request the Board of County Commissioners to approve Change Order No. 3.
~ON$IDERATION$:_ On August 6, 1996 the Board of County Commissioners approved
Work Order JEI-FT-96-7 [Item 16Co)(4)]' authorizing Johnson Engineering to provide
engineering services for a skateboard facility located at the East Naples Park. On March 4,
1997 the Board of County Commissioners approved Change Order No. 2 [Item 16{BX1)] for
the addition of new building and a post tension concrete slab. Since that time the concrete slab
was downsized and the concession building was eliminated; thereby requiring additional
engineering services.
_FISCAL IMPACT;_ Funds are available in Project Budget 368-116360-80087 (East Naples
Skateboard Facility) Naples and Urban Collier County Community Parks Impact
Fee Fund.
Original Contract
~\~,~ $29,200
Change Order No. 1
Change Order No. 2
Change Order No. 3
Revised Contract
1,500
12,400
$49,140
GROWTH MANAGEMENT IMPACT; The Skateboard Facility is a Capital Improvement
Element (CIE #723).
RECOMMENDATION' That the Board of County Commissioners approve Change Order
No. 3 in the amount of $6,~000.
._A~/D BY: omas P. C,ra~"~Pmj~zt M~-a~er. - Date~;r -
· Office of Capital Projects Management
REVIEWED By. '~/f~,, ~./~~ Maria Ramsay-, Dirge/or'
ce o aph agement pate '/-
Edgar Ilschner A~min~str~to~
~ Public Works Division
MAY 2 ? 1997
I~. ,,~
JOHNSON ENGINEERING, INC.
NAPLES. ~'LORIDA
M~'. Tom Ciranna
Project Manager I
Ofticc orCapital Projects
~Ol TamLxmi TraiI Ea~
Bmlding D
ENGINE]ER~. SUR%t~a-YORS AND ~'COLOGI~-T~
l%~y 6, 1997
~ May 9, 1997
Ease Naples S kale Park
Site Development Pbm Approval
JEI ~¢ No. 25201
SDP ~. 90-227
This corrcspondeume is sub~ to document the scope modification
requested by the Officc of Capital Projec~ Management for the referenced .
project. These scope modifications were outliacd at our meeting on March 17,
1997. Further clarification ofthe scope modifications were provided to JEI ia a
follow up mcc~ng. This letter will serve to note thc rcqulred work negdcd to
modify the ~=x/sting plans and permits.
As requested, the following modifications va21 tm required;
Revise drainage system from a perforated undcrdrain pipe
system to a swale system to a single french drain.
l~novc the bi:ilding addition to the racquet fac~itT. Replace this
with a tratqcr.
Rt~cc thc concrete pad to 20,000 +/- square feet. The design
of'the pad is to bc mod/fled flora a po~-tcamion concrete pad to
a concretc pad soft: oat with a 6': degp expansion joints and an
epoxy finisk
FORREST iq. BANKS
~ K.
CARl. A. BARRACO
GARY R. BULL
DAN w. DICKEY
JOSEPH w. E~NER
~NTON R. KEILI~G
DAVIO KEY.
BRI~
~IN M. W~NTER
PA~CIA H. ~N
~ARK G. W~N~EL
LESTER L. BULSON
Following is a detailed description of thc tasks to be IX:ff'ormed and thc
cost associated with these tasks;,
I- En~,ineerin~:
Revisions to the exSsting site development plau drawings,
to n:flect thc new skc layout requircd by the concrcte pad
reduction, removal o£ buila~g and replaccment ~th a
~ MAY2? 1997
~0HN$ON ENGINEERING, INC.
May 9, 1997,,
Pa&~ Two
bo
Coordination ~ the lighting, md stmctu~ d~:~g~' to
~ssurc that. their plans reflec~ the new site confi~mrafion,
and pm-ride ~equat¢ ~lectdcaI service,
Johnson Engin~g, Inc. proposes to provide all the above refer~cccl
services for a lump sum fee of .$~690.00.' '
Kisinger Campo and Associatea (KCA) well provide a
structtual design of a concre:c slab-on-grade. KCA will
providc a structtwal design plan and ter..tmicaI
specifications for the construction of a 20,000 square
foot skating platfo~ The platform ~ lmw a square
shape w~th approximately 140 +f- foot s~des. The slab
w~l be a convcutiomJly reh'~t'orccd concrete slab-on-
grade '~th ~w-cut control joints spaced as required for
crack control w~ a 6" epoxy 6~[~_ Foundation plans,
cross ~;dons :,M deta~ plans w~ comprehensively and
clc~ly dcscn'be the construction of this structure.. In
adc~nion, a set of' ge~craI nntes, in accordance with the
~'~er specffi~ons ~ be amched for e~se of
re£crcncc~
KCA proposes to provide ali the ~bove rcfercnced .services for a lump
sum fee of $ 2.500.00
~ the H£ht~ng plan tn light the new pad 20,000 +/-
square feet In ad~irtion, revise the Iigh~ng plaa to
include .scrvicc to the tmil~ rcquked becsuse of thc
removal of'the b~dJng
Jump Sam: $ 810.00
Mr. Tom Cir~
May 7, 1.997
Page Three
~rol~n~on Engimm~g, Inc. proposes tn l:)~fnrm the above servi~ for
quoted figures with the following stipulations:
JEI w',]l not. be required to aa. end any project meetings priar to
th~ ~ns~x-uction meet~g.
Thc OWae~ of Capital Projects ~ be responsible for providing
Johnson En~neerln& It~ with a ~ach of the tnuler ~or use in
developing tl~ !n~b~m~ial Change application.
$ohn*on Engineeffn. g~ mc. will prepare and subm~_ thc
rn~bst~nfifl Change request to Project l~iew.
o
The Office of Capital Projems will be responsible for tracking
this application through Project Review Services.
If you have any comments or questions regard~g this correspond.ence,
please call me.
Sincerely,
$OI~I~SON ENGINEERING, INC.
MAY 2 ? 1~97.
EXE~3~TIVE $I, IMMARY
APPROVE CltANGE ORDER NO. 2 (FINAL) TO CONTRACT NO.
CI~M PASS MAINTENANCE DREDGING.
97-2642,
QBJE~TFIyE; To obtain approval of Change Order No. 2 (final) to enable close-out of
the contract for the maintenance dredging of Clam Pass.
CONSIDERATIONS; On March 18, 1997, the Board of County Commissioners
awarded Contract No. 97-2642 to Masters Group, Inc. in the amount of $77,411.00 for
the Maintenance Dredging of Clam Pass. During construction of this project, differing site
eondition$ and unanticipated occurrences made it necessary to perform additional work to
satisfactorily complete the project. These additional items of work and associated costs
are as follows:
ITEM DESCRIPTION AMOUNT
Quantity adjustments to reflect actual volume
of material dredged. 600 c.y. (~ $9.995/c.y.
$ 5,997.00
Unknown site conditions (clay strata encountered
at varying levels above design depth) resulting in
production losses and standby time directly
attributed to dredging, grading and day material
separation due to condition.
$26, 039.48
Screening Operation - removal and disposal of
clay to provide beach compatible material for
placement on the beach renourishment project at
Park Shore. 4,152 c.y. (~ $5.15/c.y.
$21,382.80
4. Additional Beach Tilling. 0.7 Ac. (~ $834/Ac. $ 583.80
5. Regrading Beach due to storm impacts $3.543.00
TOTAL $ 57,546.08
It is, therefore, requested that the contract amount be adjusted to account for this
additional work. Change Order No. 2 (final) has been prepared for this purpose resulting
in the following contract figures:
Original Contract Amount
Sum of Previous Changes
This Change Order (Add)
New Contract Amount
$77,411.00
22,444.00
57,546.08
$157,401.08
MAY Z ? 1997
Executive Sunm'.ary
Pag~ 2
FISCAL IMPACt:
Fund:
Cost Center:
Project No.
S57,546.08 to be obligated in the budget for FY 96/97.
(195) Tourist DeveAopment - 60%
(! 10406) Beach Renoufishmem & Pass Maintenance - Category A
(80222) Clam Pass Inlet Manag~nem
Approval ofa buds~'t amendment is neceasary whereby funds in the
of $57,546.08 will be transferral from the reserves of Fund 195 to
Account No. 195-110406-763100-80222 to provide sufficient funds for
this obligation.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
1. Approve Change Order No. 2 to Contract No. 97-2642 in the amount of $57,546.08.
2. Approve the necessary budget amendment; and
3. Authorize the OCPM Director to execute the change order.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
Harry E. Huber, Project Manager III
Office of Capital Projects Management
Date: g""//' 5'7
Date:
~ Date:
Ed llschner, Administrator
Public Works Division
Beach Renourishment/Maintenance Committee
Humiston & Moore Engineers
Masters Group, Inc.
MAY 2 7 Igg7
EXECUTIVE SUMMARY
REQUEST THE BOARD APPROVE A REFUND OF ROAD IMPACT FEES IN THE AMOUNT OF
$73,186.00 FOR THE KENSINGTON GOLF AND COUNTRY CLUB AS A REIMBURSEMENT FOR
PINE RIDGE ROAD RIGHT-OF-WAY DONATION,
O. BJECTtvE; To gain Board approval for a $73,186.00 refund to the Kensington Golf and Country Club
as a reimbursement for Pine Ridge Road right-of-way donation.
.CONSIDERATIONS; In accordance with Section 7.9(E) of the Kensington Park PUD (Attachment No.
I), Kensington donated a parcel of land to the County in February, 1993. At that time, Kensington was
unaware of the County's requirement to seek a Developer Contribution Agreement and, as a consequence,
all building permits pulled by the developer were required to have all impact fees assessed in accordance
with the appropriate impact fee ordinances. The developer is now requesting an after-the-fact
reimbursement (Attachment No. 2).
The parcel provided by the developer is 25' wide by about 2700' long along the Pine Ridge Road frontage
of the Kensington Golf and Country Club (Attachment No. 3 is a sketch of the property). The Real
Property Department has reviewed the appraised value of the property (Attachment No. 4) and finds the
value of $73,186.00 to be acceptable. To date, the developer has paid $166,973.00 in road impact f~s over
54 separate building permits. Since the amount of fees paid is in excess of the requested refund, Slaffdoes
not recommend that a Developer Contribution Agreement is necessary at this time.
FISCAL IMPACT; Approval of this request will not adversely affect the road impact fee fund. Funds are
available in Fund 333-163650-649980. The unencumbered fund balance as of February 28, 1997, was
$75,000.00.
.GROWTH MANAGEMI~IT IMPACT; This land donation assists in maintaining adequate levels of
service on the arterial roadway ney, york.
.R-ECOMMENDAT!ON$; ~J. jhe Board a~orove the/t/equestt)J/eieimbursement; authorize the Finance
Department to pr~a~;'~nent; auth~Sta~the necessary documents.
PREPARED BY:....~.~. __ DATE: ~"-/..-
David F~~s~ion Se~iccs Di~or ~ ' '
a~cnmenm: ~o.~ - ~xcemt from mD ~onin~ Document
~0.2 - [e~er ~rom De~olo~or ~ate~ ~ril 2~,
~o.~ - s~etcn of ~rcel
~o.4 - ~evlew a~ml~er~ commenm a, to ~n~ Value
~;.
7.9
~"--'A'TTACHMENT {' 1
PAGE 1 OF 2
D. The project's Developer(s). his assigns or
successors shall negotiate an agreement with the
District for the usa of treated sewage effluent
within the project limits, for irrigation
purpose~. The Developer would be responsible for
providing all on-site piping and pumping
facilities from the County's point of delivery
the project and n~ociete with thc County
provide full or partial on-sits
facilities, as requircd by the D.£.R., consistent
with the volume of treated w~stewater to be
E. T.~9 utility construction documents for the
project's sewerage system shall be prepared so
t~t all sewage flow. lng to the County's master
p~mp station is transmitt&d by one (1) main on-
site pump station. Due to the design and
configuration of the master pump ~tation, flow by
gravity into the station will not be possible.
The' Developer's engineer shall meet with the
County staff prior to commencing preparation of
construction drawings, so that all aspects of the
sewerage system design can be coordinated with
the County's sewer master plan.
F. The existing off-site sewage transmission
fa~llitieu of tho Ol~rict mutt bo evaluated for
hydraulic capacity to serve this project and
improved as required outside the project's
boundary to provide adequate capacity to
transport the additional wastewater generated
without adverse impact to the existing
transmission facilities.
T~J%NSPORTATION:
Aa
A gatehouse/security ~ag~ility may be provided
within the project's Wain entrance area(s) but
shall not be located so as to impede traffic flow
on Pine Ridge Road or the future Livingston Road,
no~ shall such facilitiss be located within the
Pine Ridge Road Right-Of-Way.
The project access shall be in alignment with the
existing median opening on Pine Ridge Road. If
gated, the access shall be designed so as not to
cause entering traffic to back up onto Pine Ridge
Road.
The developer shall provide an eastboun~ right
turn lane and arterial level, street lighting on
Pine Ridge Road at the project entrance.
7-5
MAY 2 ? 1997
ATTACHMENT
PAGE 2 OF
D.' The developer shai1 provide a :air share
contribution toward the capital cos: of atraf
~ ~ · warranted by the County.
~ The developer shall provide a5 feet
of
road
~ right-of-way along the south side of Ptne Ridge
~ Road, in addition to =ha~.requir~d for
~ · -lane' in Commitmcnt C above, and shall ~ecei~c
~ road impact fee.credits to the extent provided in
~Ordinance .... 85-55,. es amended.. _'
Ordinance 85-§5, as amended, and shall be paid at
the time building permits are issued unless
otherwise approved by the Board of County
~ommissioners.
G. ~c~ess improvements, other :hen :hose enumera:ed
~ co~i:ment E, shall no: be subjec:
fee credits and shall be in place before any
cer:ifica:es of occupancy are issued.
All traffic con:roi devices used shall conform
wi:h :he Manual on Uniform Traffic Controi
~evic&s' as required by Chap:er 316.0747, Florida
Statutes.
I. The Petitioner shall prov:da a
Adequate Public F~.ili:les ~: the time of any
Final Development O~der.
J. When the 525:h. re~den:ial unit
the developer shall make provi~ions for an
interconnection wi:h %he adjacent property :o the
west, said interc~qnec:ion shall physically be
opera:ional upon a~ailabllity of a continuous
Right-Of-Way from the Carillon PUD.
K. Prior :o the records:ion of any Final ~la:, the
pe:itioner shall &edicate to the County the
minimum right-of-wa~eas~en: necessary for the
Livingston Road E~t~kion road right-of-way, or
provide the County with written assurances,
acceptable to the County Attorney, that the land
required for the Livingston Road righ:-of-way
shall be made available to the Coun:y when so
requested.
?. 10 WATER M;LNAGEMENT:
Ao
Detailed paving, grading and site drainage plans
shall be submitted to Project Review Services
for review. No construction permits shall be
issued unless and until approval o~ the proposed
construction, in accordance with the submitted
plans, is granted by Project Review Services.
7-6
April 21, 1997
GOLF ~ COUNTRY CLUB
ATTACHMENT ~ 2
f'" .... ' '" '5 ''' ,,-. ~-
-. ~ ._. ~. )
Mr. Ed Kant
Senior Engineer
Collier County Transportation Department
3301 East Tamiami Trail, Bldg. G.
Naples, Florida 34112
Dear Ed:
As per your request, please find enclosed a copy of all building permits by number with the
associated transportation impact fee paid, as of April 19, 1997, within the Kensington Park
PUD. Mrs. Trisha Arthur$, from the County Building Department, compiled this
information and we are submitting it in follow up to my discussions with you to obtain
reimbursement of funds for dedicating Pine Ridge Road fight-of-way.
In accordance with Section 7.9(E) of Kensington Park, PUD, Kensington donated a strip of
land (25' by 2,771.749 to the County in February of 1993. At Mr. Hendrick's
recommendation, we engaged Appraisal Research Corporation to establish the land vabte at
the time it was platted and dedicated to the County. At that time, Kensington was unaware
of the County' requirement to seek a developer contribution agreement. Therefore, your
cooperation is bring sought for an al}er-the-fact reimbursement.
We look forward to the 'County's approval and acceptance in this matter. Should you have
any questions, give me a call. We appreciate your response as soon as possible.
Richard P. ~. g
Director of Planning & Development
Enclosures
HAY 2 7 1997
2700 P;,,e Rid,;c Road · a:,plcs, Florida 330.;2
(041) 0-10.44-10 ' Golt'Pro Shop (041) 0-10-0071 ' .\l,.,,d¥rship 0.11) o.!0.0722
ATTACHMENT
i]llll111111JiiiliillU
· Pt~T BOU~D~ItY
MAY 2 7 1997
............................. ATTACHMENT
PARCEL NO(s): NIA
PARCEL AREAS: 369.4 acres (si/acres) (si/aa'es) (si/acres)
' $46,000 acre $ (psl/ac~) $ (psi/acm) $ (~l/ac~) $
(7/VNER($): John N. 8,'u:Jget. Trustee (as o[ l,he date ot valua6on) TOTAL COMPENSATION: ($c' ~¢~¢wc,-'s Comments below)
PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: The purpose of the appraisal was to scl ~ tm market value of Ihe unencu~r~l fee simple interesl in the Ke~sir~ton
ixope~/at the ~ o/I~e dedica~ to Co~er Count'/of a s~p of r~hbd-way (25 feet in width} r,,ece,~ary ~ the six-lanhg o( Pine Ridge Road, Hence, the w~de dive~ence between tm date
value and the date o{ tm appraisal
I
APPRAISER: Geo~e B.A~Jn,sonand Julian Stokes. MAI(State Ce~r~lGene~lApt:xaisers) I OATEOFVALUE: Februan/1.1993
, OATE APPRAISAL RECEIVED: Mard~ 24, 1997 ! DATE APPRAISAL APPROVED: Ma~ 31. 1997
SEE PAGE(s) IO/1{ FOR SUMMARY PROPERTY OESCRIPTION (Zoning, Size of Parent TracL Fo~ #. Assessed Value, etc.)
I
SEE PAGE(s) J J~ FOR HIGHEST ANO BEST USE ANALYSIS I SEE PAGE (s)/''//'A FOR DESCRIPTION OF THE ACQUISITION AND IM, P~CT ON
I ~ REMAINOER PROPERTY
IMPROV~MEN'TS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None. Subjec~ property v~s unimproved as of ~e date ot value.
DESCRIPTION OF SEVE.:~NCE DAMAGES AND COST-TO-CURE (IF ANY): N/A.
CONCURS VII APPRAISER AS TO THE FOLLOWING: SUMMARY OF CO~ENSATION
~te~n c~ Parent T~ ~ND VALUE (Fee ~ R~ht~bWay E ase~nQ (See Re~efs
~ H~h~t and Eesl Use Condus~s (~fore & a~er ~) IMPROVE~S TAKEN
~Ad~uac/a~ Re)evan~ o~ Mabel Resea~ D~INAGE ~SEME~[s)
~Ap~ b Va~e Em~ (a~ ~ose nol emp~) TE)~RY C~STRUCTI~
~R~ cf Va~e Ind~s COST-T~URE
TOTAL COMPENSATION (Indud'~g al Seve~noe Damages and Cost4o,-Cur~):
SEVERANCE DAMAGES (NolCut~d)
OTHEI~
REVIEW APPRAISE.A'S COMMENTS: Sales ~ 1o,' companSO~ are gcx:~d in thai It~ are mi located in ~e not,em ~ d tm Cou~f as b tm subjecL Also. ~ ~ to tm ~ that
the ~les ~ a~er ~e date of valua6on, d ~ ~ re~fs O~:~io~ ~at from 1990 u~l 1996 ~he focal mai estate mad~et (espec~ly ~ ta~e raw ~ pan:~s) was lat Em. ~ ~ ~
rand sales, I~ ~het cid cxx:ur were gee9 raphica~f scarred, as were tm per-ac~ and per.unit prices, and ¢or~uen0y no market based da~ e.-kts to ~.1:~:~'t a ~me ac~lUS't'n~ ~ that
Using the fl9~1 c! l ~: ac-es as I~e s~ze d ~e ~hl-<~.way ~,~dica~d I~ Ccx~.4e~ Coufl~/, and tm appraiser's ufli( value of S46.000 per ~¢~. the value d the,
REVIEWER'S AFPRI '~' C~:f~' ~ 7 O~ECTOR'S AP"OVAL:
EX~G~Ttv~ SUMMARY
APPROVAL OF BUDGET AMENDMENT IN THE COLLIER COUNTY WATER SEWER
DISTRICT (CCWSD) FUNDS
OBJECTIVE:
That the Board of County Commissioners approve time neeessa~ budget amendments to recognize
unanticipated carry forward and adjust the transfer between the CCWSD Operating Fund (408) and the
CCWSD Debt Service Fund (410).
CO]NSIDEI?,4kTIlQN$:
The FY 96 budgeted transfer of cash between the CCWSD Operating Fund (408) and the CCWSD Debt
Service Fund (410) was not made before the fiscal closing of FY 96. This created an unantic, ipated
positive carry forward variance in CCWSD Fund (408) and an unanticipated negative carry forward
variance in CCWSD Fund (410). To restore the funds to budgeted levels of funding, the additional carry
forward needs to be appropriated and distributed according to the original budget.
FISCAL IMPACT:
A budget amendment recognizing additional carry forward in CCWSD Fund (408) in the amount of
$7,6'00,000 will be required. Of'that amount, $4,130,000 will be used to increase the transfer to CCWSD
Fund (410) with the balance of $3,6 70,000 placed in CCWSD Fund (408) reserves for capital.
G.RQWTH ~IANAGEMENT IMPACT: None.
RECOMMF[VDATIONS:
That the Board of County Commissioners as the governing body of Collier County and as Ex-Officio the
Governing Board of the Collier County Water Sewer District, approve the budget amendments and
transfers as discussed above.
~N. F~nn, Operations Director
REVIEWED BY: ~ DATE: ~ Ed Ilschner, Public Works Administrator
F:LExec SummU:)ebtTrans.doc
MAY 2 ? 1997
4
EXECUTIVE SUIVI'MA R~YY
APPROVAL OF ROYAL COVE SEWER ASSESSMENT PROJECT FINANCIAl-,
TRANSACTIONS
OBJECTIVE:
That the Board of County Commissioners, approve the necessary t'mancial transactions to reimburse the
Collier Count), Water Sexver Dist~ct (CCWSD) from the Assessment Receivable Fund (34 !) for Royal
Cove Assessment Project costs.
CONSIDERATIONS:
On 9/24196 the Board approved, by Resolution No. 96-440, the long term financing source and
reimbursing the CCWSD for providing emergency interim funding for the Royal Cove Sewer
Project. The reimbursement of CCWSD Funds was to be made flora the Assessmen! Receivable Fund
(341). Fund (341) would be repaid by the annual assessments over the :20 year life of the assessment.
The Finance Department failed to conclude this transaction before the FY 96 books were closed. As a
result, staff is seeking approval from the Board so the appropriate f'mancial transactions can be made this
fiscal year.
FISCAL IMPACT:
The Royal Cove Assessment Project was completed at a total cost of $155,360. Because time was of the
essence, emergency funding for the project was provided through the CCWSD Wastewater Capital Fund
(414). As approved by the board on 11/12/96, the repayment period for this assessment will be 20 years.
Staff recommended and the Board concurred that the CCWSD Funds are not the appropriate funding
source for a 20 year assessment.
The requested action will create a budget transfer from the Assessment Receivable Fund (34 i) to the
CCWSD Operating Fund (408). The reimbursement will be in the amount of $155,360. Funds will be
placed in (408) reserves for capital.
GROWTH MANAGEMENT IiVIPACT:. None.
RECOMMENDATIONS'..
That the Board of County Commissioners approve the reimbursement of funds f~om the as.~.,ssment
receivable Fund (341) to the CCWSD Operating Fund (40g) and necessary budget amendments and
PREPARED BY: ~0perations Director DATE: _
Ed llschner, Public Works Administrator
\\ITMAIN~FINN_E~Exec Summ'~RoyalCovc.doc
t'lA¥ 2 7 997
!
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE
THE PARKS AND RECREATION DEPARTMENT TO NEGOTIATE A CONTRACT FOR A
FOOD CONCESSION AT THE IMMOKALEE SPORTS COMPLEX
Objective: To authorize the Parks and Recreation Department to negotiate a contract for a food
concession at the Immokalee Sports Complex and bring said conwact before the Board for approval.
Consider~tions: The Board of County Commissioner~ previously approved the Park~ and Recreation
Department to advertise for Request For Proposals for a food conce.~ion at both the Golden Gate Aquatic
Facility and the Immokalee Sport~ Complex. The Depaflment ~dverti~ed three times for this concession,
twice there were no bids for the Immokalee food concession, and the third t/me the Depariment was
successful in securing a vendor for both locations. However, after a few months the vendor negotiated to
cancel the contract at the Immokalee facility.
A vendor from the lmmokalee area has requested, in writing, to operate a concession at the facility. With
the past record of Request For Proposals and the vendor's willingne~ to operate the concession, the
department would I~e to negotiate a contract and submit it to the Board of County Commissioners for t'mal
approval.
Fiscal Impact: Based on the previous contract, revenues are estimated to be approximately $3,000 per
year; however, this revenue will depend on the final contract approval.
Growth Management: lmmokalee Sports Complex is inventoried in the County's Growth Management
Plan.
Recommendation: Staff recommends that the Board of County Commissioner~ waive the formal
competitive bid process and authorize the Parks and Recreation Department to negotiate a contract for a
food vendor at the Immokalee Sports Complex. After review by the County Attorney, the contract will be
submitted to the Board for their approval.
Prepared by: '~~~ ~(~ ~
Murdo Smith, Recreation Manager
Department of Parks and Recreation
Reviewed and ./~//~/.t~ . ~
Approved by:- [~*~C~a.~'/[~
lV~arla Ram~ey, Director /
Department of Park~ and Recreation
Reviewed and <3 r~ ~
Steve Ca~ell, DireCtor
Purchasing Department
Date
]:)ate
Reviewed and
Approved by:-
Thom~ W. 01'liff,-A-~-ministrat~l~J
Division of Public Services
NAY 2 7 1997
EXECUTIVE SU~Y
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ~PPROVE
AND SIGN THE MEDICAID WAIVER PROGRAM REENROLLMENT FORM AND
RELATED DOCUMENTS
OBJECTIVE: The Services for Seniors Program requests Board
approval and signature on the three forms necessary for
continuation of this program. Medicaid Waiver has been in
operation as part of the client assistance offered by Services
for Seniors since the State of Florida began the program five
years ago. Part of Medicaid Waiver requirements are provider
reenrollment every five years. Board signature will allow for
continuing participation.
CONSIDERATIONS: The Medicaid Waiver program is part of the
service array that the Department of Elder Affairs and the
Area Agency on Aging require Services for Seniors to offer to
elderly county residents that meet the strict income and
disability criteria. If determined eligible by the state,
extensive in home services are available at no charge to the
client. The Florida State Medicaid Waiver program is billed
directly by this agency for hours of client case management.
No match is required and the County is reimbursed all budgeted
cost for operation of this program. This program is a mandated
part of the services that must be offered by Services for
Seniors as Lead Agency for Collier County.
Board signature on the Medicaid Waiver Agreement, the Board
roster, and the provider enrollment form which are each
flagged will enable continuation of availability of program
services.
GROWTH MANAGEMENT= None.
FISCAL IMPACT= None. Ail approved budget costs for the
Medicaid waiver Program have been and are being reimbursed.
No match is required.
RECOMMENDATIONS: That the Board of County Commissioners
approve continued participation in the Medicaid Waiver Program
by signing the Medicaid Waiver Agreement, the required Board
roster and the provider reenrollment request form.
MAY 2 7 1997
Nanci Lochner
Seniors Program Supervisor
aeviewe~ and ~
Approve~ b2=
Social Services Director
Reviewed and~ Date:_~.~t~__
Approved by:
Public Services Administrator
MEDICAID PROVIDER AGREEMENT
The Provider agrees to participate in the Florida Medicaid program under the following terms and conditions:
(1) DiscriminatiQr~. The parties agree that the Agency for Health Care Administration (Agency) may make payments for
medical assistance and related services rendered to Medicaid recipients only to a person or entity who has a provider
agreement in effect with the Agency at the time the services were rendered or goods provided, who is performing services
or supplying goods in accordance with federal, state, and local law and who agrees that no person shall, on the grounds of
sex, handicap, race, color, national origin, other insurance, or for any other reason, be subjected to discrimination under
any program or activity for which the provider receives payment from the Agency.
(2) ~. The provider agrees to provide medically necessary services or goods of not less than the scope
and quality it provides to the general public. The provider agrees that services or goods billed to the Medicaid program
must be medically necessary, of a quality comparable to those furnished by the provider's peers, and within the
parameters permitted by the provider's license or certification. The provider further agrees to bill only for the services
performed within the specialty or specialties designated in the provider application on file with the Agency. The services
or goods must have been actually provided to eligible Medicaid recipients by the provider prior to submitting the claim.
(3) Comolianc¢. The provider agrees Io comply with all local, state and federal laws, rules, regulations, licensure laws,
Medicaid bulletins, manuals, handbooks and Statements of Policy as they may be amended from time to time.
(4) Term and signatures. The parties agree that this is a voluntary agreement between the Agency and the provider, in
which the provider agrees to furnish services or goods to Medicaid recipients. This provider agreement shall become
effective the date the provider's Florida Medicaid Enrollment ADolication is received by the state or its fiscal agent. It shall
remain in effect until July 1, 1999, unless otherwise terminated. This agreement shall be renewable only by mutual
onsent. The provider underslands and agrees that no Agency signature is required to make this Agreement valid and
(5) Provider Resoonsil;)ilili¢~,. The Medicaid provider shall:
(a) Possess at the time of the signing of the provider agreement, and maintain in good standing throughout the period of
the agreement's effectiveness, a valid professional, occupational, facility or other license appropriate to the services or
goods being provided, if required by the state or locality in which the provider is located, or Ihe federal government.
(b) Keep and maintain in a systematic and orderly manner all medical and Medicaid related records as the Agency may
require and as it determines necessary; make available for state and federal audits for five years, complete and accurate
medical, business, and fiscal records that fully justify and disclose the extent of the goods and services rendered and
billings made under the Medicaid. The provider agrees that only records made at the time the goods and services were
provided will be admissible in evidence in any proceeding relating to the Medicaid program.
(c) Safeguard the use and disclosure oi' information pertaining to current or former Medicaid recipients and comply with
all state and federal laws pertaining to confidentiality of patient information.
(d) Except as otherwise provided by law, the provider agrees to provide immediate access to authorized persons
(including but not limited to state and federal employees, auditors and investigators) to all Medicaid-related information,
which may be in the form of records, logs, documents, or computer files, and all other information pertaining to services or
goods billed to the Medicaid program. This shall include access to all patient records and other provider information if the
provider cannot easily separate records for Medicaid patients from other records.
(e) Bill other insurers and third parties, including the Medicare program, before billing the Medicaid program, if the
recipient is eligible for payment for health care or related services from another insurer or person.
(0 VV~thin 90 days of receipt, refund any moneys received in error or in excess of the amount to which the provider is
titled from the Medicaid program.
MPA Revised 8/9~
I'IAY 2 7 1997
,:..._: ....
(g) To the extent allowed by and in accordance with section 768.28, F. S., and any successor legislation, be hable for
and indemnify, defend, and hold the Agency harmless from all claims, suits, judgments, or damages, including court costs
and attorney's fees, arising from the act or omission of the provider. The Agency may not seek indemnification for any
occurrence for which it is solely at fault.
(h) Accept Medicaid payment as payment in full, and not bill or collect from the recipient or the recipient's responsible
party any additional amount except, and only to the extent the Agency permits or requires, co-payments, coinsurance, or
deductibles to be paid by the recipient for the services or goods provided. This includes situations when the providers
Medicare coinsurance claims are denied in accordance with Medicaid's payment.
(i) Assure that the signature on the claim form submitted to the Agency for payment is appropriate for authorization.
Persons authorized to submit Medicaid claims on behalf of the provider shall be limited to the provider, the providers
employees, or an authorized, Medicaid enrolled billing agent. The provider shall be liable for all overpayments for any
reason and pay to the Agency any fine or overpayment imposed by the Agency or a court ot' competent jurisdiction.
Provider agrees to pay interest at 12% per annum on any fine or repayment amount that remains unpaid 30 days from the
date of any final order requiring payment to the Agency.
(.j) Provide information on each person with 5% or more ownership interest in the provider, and on each officer, director,
or manager concerning any conviction, regardless of adjudication, for any felony under state or federal law and any
violation, fine, suspension, termination, or other administrative action taken under the Medicaid or Medicare programs or
laws, rules, or regulations of this or any other state or the federal government.
(k) Prominently display, in such a manner as to be visible to all of Providers agents and employees in each location
where provider delivers or bills for Medicaid services, all information concerning the Medicaid program that the Agency
sends to Provider for display.
(I) If submitting ctaims to the Agency electron cally, abide by the terms of the Standard Electronic Claims Submission
Agreement.
(6) Aeency Responsibilities. The Agency:
(a) Unless claims have been been pended for medical review or for investigation of suspected fraud or abuse, will make
payment within 60 days at the established rate for medically necessary services or goods furnished to an eligible recipient~
by the provider upon receipt of a properly completed claim. This contract is contingent upon the availability of funds. The
established rate of payment is subject to change based upon legislative directive or funding.
(b) VV~II not seek repayment from the provider in any instance in which the Medicaid overpayment is attributable solely to
error in the state's determination of eligibility of a recipient.
(c) Will require a bond. letter of credit or other collateral from the following providers:
1. Group practices (provider types 25 & 26; practice type 35) (if more than 50% is owned by
non physicians)
2. Transportation companies (provider types 41, 43 & 47)
3. Home Health companies (provider type 65 or 67)
4. Durable Medical Equipment companies (provider type 90 or 67)
Government owned or operated entities are exempted from these bonding requirements.
5. Independent Laboratories (provider type 50)
letter of credit or other collateral will be in place for a period of 12 months from the date that the provider
becomes effective and will be in the amount of fifty thousand dollars ($50,000.00). The form of the bond, letter
other collateral must be acceptable to the Agency. The surety company must be licensed to transact business
The bond,
agreement
of credit or
in Florida.
(7) Termination and Equitable Relief. This agreement may be terminated, with or without cause, upon thirty (30) days
written notice by either party. The Agency may terminate this agreement for cause and may apply for injunctive or other
relief in the Circuit Court of Leon County, Florida to enforce this provision or any other provisions of this agreemenL
(8) .~. The provider agrees to give the Agency sixty (60) days written notice before making ,3.DY change in
ownership of the entity named in lhe provider agreement as the provider. A Medicaid provider agreerr~nt-~;N~tla ]tea.
MPA Rgvised S/96 / NO ,, ~...~ ,,~
/ HAY271997
(21) ~. The parties agree that the Agency may only retain the signature page of this agreement, and
that a copy of this standard provider agreement will be maintained by the Director of Medicaid, or his designee, and may
be reproduced as a. duplicate original for any legal purpose and may also be entered into evidence as a business record.
THE PROVIDER AGREES THAT THIS AGREEMENT SHALL MERGE W~TH AND BECOME A PART OF THE
PROVIDER APPLICATION AND IS SIGNED UNDER THE PENALTIES OF PERJURY. THE PARTIES AGREE THAT
THIS AGREEMENT IS A LEGAL AND BINDING DOCUMENT AND IS FULLY ENFORCEABLE IN A COURT OF
COMPETENT JURISDICTION. THE SIGNATORIES HERETO REPRESENT AND WARRANT THAT THEY HAVE READ
THE AGREEMENT, UNDERSTAND IT AND ARE AUTHORIZED TO EXECUTE IT ON BEHALF OF THEIR RESPECTIVE
PRINCIPALS OR CO-OWNERS. THIS AGREEMENT BECOMES NULL AND VOID UPON TRANSFER OF ASSETS,
CHANGE OF OWNERSHIP OR UPON DISCOVERY BY THE AGENCY OF THE SUBMISSION OF A MATERIALLY
INCOMPLETE, MISLEADING OR FALSE PROVIDER APPLICATION UNLESS SUBSEQUENTLY RATIFIED OR
APPROVED BY THE AGENCY.
ALL PRINCIPALS, PARTNERS AND SHAREHOLDERS HAVING AN OVVNERSHIP INTEREST OF FIVE PERCENT (5%)
OR GREATER ARE REQUIRED TO SIGN THIS AGREEMENT. FAILURE TO DO SO WILL MAKE THIS APPLICATION,
AGREEMENT AND PROVIDER NUMBER VOIDABLE BY THE AGENCY.
FOR OFFICE USE ONLY
The provider's name is:
The facility's name is:
The provider number is:
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed under the penalties of
perjury, swear or affirm that Ihe foregoing is true and correct.
Signature of Provider Date
Timothy g, Hancock ~ Chairman,
Collier County Board of Cc~rnissioners
(legibly printthe above signature) Title
Signature of Provider Date
(legibly print lhe above signature) Title
(USE ADDITIONAL PAGES IF NECESSARY)
Approved as to form and legal sufficiency
~o 'Ma~'~~ -
Chief Assistant County Attorney
N~PA Revised 8/96
DATE 04/18/97
PROVIDER REENROLLMENT REQUEST FORM
LISTED BELOW ARE EXCERPTS FROM THE MEDICAID PROVIDER FILE FOR YOUR PROVIDER
NUMBER. PLEASE REVIEW AND CHANGE IT AS NECESSARY. PROVIDE ACCURATE
INFORMATION FOR EACH QUESTION. DRAW A LINE THROUGH THE INCORRECT ITEM AND
WRITE THE CORRECT INFORMATION IN RED INK.
MEDICAID PROVIDER NUMBER 6706908 00
MEDICARE PROVIDER NUMBER
COLLIER COUNTY SERVICES FOR SENIORS
PROVIDER NAME
DBA (IF APPLICABLEI
Collier County Services
PROVIDER BUSINESS ADDRESS COLLIER COUNTY GOVERNM~NT
BUILDING H
CITY NAPLES
PROVIDER BUSINESS TELEPHONE NUMBER
for Seniors
STATE FL ZIP
(941) 774-8443
34112-0000
PROVIDER PAY-TO ADDRESS
COLLIER COUNTY GOVERNMENT
BUILDING H
CITY NAPLE~ STATE FL
PROVIDER TAX I.D. NUMBER 59-6000558
ZIP 34!12-000~
GROUP AFFILIATION (GROUP PROVIDER NUMBERS WITH WHICH YOU ARE AFFILIATEDI
= SPECIALTY CODES 95
"' PROVIDER TYP ,E/67 PRACTICE TYPE 30
T~TLE ,,, j±ors P~r~n Hanaqer
DATE
YOUR SIGNATURE CERTIFIES THAT THIS INFORMATION, INCLUDING UPDATES, IS
ACCURATE. FAILURE TO COMPLETE THIS FORM AND RETURN TO UNISYS WILL RESULT
IN TERMINATION OF YOUR PROVIDER NUMBER. THE BACK PORTION OF THIS DOCUMENT
MUST ALSO BE COMPLETED.
I
1997
FISCAL
AGENT USE
2a.r'l
2b.l"i
2c.!-1
1.. PI·asa identify all officers, directors, and principle owners in your business {5% or morel List their
names and social security numbers on · separate sheet of your company letterhead. The letter must
be signed and dated by the chief officer of the business. {Providers who submit a HCFA 1513 for
enrollment purposes are exempt from this request). See Attached
2. Have any of the people listed in question 1 ever:
a. Been convicted of a felony, pled nolo contend·re or entered into a pre-trial intervention program?
YES ~ NO X
b. Had any disciplinary action taken against any business or professional license they held in any state?
YES ,,.-------- NO X
If 'YES', what action was taken?
By whom was the action taken?
Date
¢. Personally been denied enrollment, suspended or excluded from Medicaid or Medicare in any state
or been employed by a corporation, business or professional association that has been suspended or
excluded tree Medicaid or Medicare in any state? YES_.,._... NO ~
3. On a separate sheet, provide the following:. See Attached
a. The street address in Florida of the location from which the Medicaid services are provided.
b. The name of the custodian of records; and
Pharmacy providers must submit the name of the primary pharmacy manager and the legal name and
trade name, if dirt·rant.
NOTE: Applicant agrees that all official notices will be sent to the mailing address indicated.
4. For group physicians {M.D. and D.O.), is more than 50% of your group practice owned by
non physicians? YES._._,_ NO..._.__ If yes, a surety bond Is required.
Certification
For the purpose of establishing eligibility to receive direct Payment for services rendered to recipients of the
Florida Medicaid Program, I understand that the filing of materially Incomplete or false Information with this
emrollment request is sufficient cause for termination from the Florida Medicaid Program. I understand that it Is my
responsibility to notify Medlcaid's fiscal agent of any change to the information on this application including but not
limited to, address, group affi etlon, change of ownership or tax identification number.
T__imothy L. Hancock
Name of Provider or Authorized Agent
~_.~_~, Board of Collier Coun ~~__.~__~ners
TITLE
Mail this application and all required paperwork to:
Unisys, Provider Enrollment
P.O. Box 7070
Tall·hess·e, Florida 32314-7070
Signature of Provider or Authorized Agent
DATE
Approved as to form and
legal sufficiency
h .
Chief Assista ~o c~
MAY 2 7 1997
Pg · ...___~
~y
EXECUTIVE SUMMARY
RECOMMENDATION TO ACCEPT STAFF'S SHORT LIST OF
ARCHITECTURAL FIRMS FOR THE MASTER PLANNING OF
GOVERNMENT FACILITIES AND SPACE (RFP #97-2658) AND
AUTHORIZE STAFF TO NEGOTIATE WITH THE TOP SEATED
FIRM.
OBJECTIVE: To have the Board approve the short list of Architectural,firms
for the master planning of government facilities and space and author/ze staff
to negotiate with the top seated firm.
CONSIDERATIONS: On March 25, 1997, the County published a Request
For Proposal (RFP) for comprehensive master space planning for all County
offices. A committee comprised of representatives from Facilities
Management, Office of Capital Projects, County Manager's Office and
Purchasing reviewed the seven proposals that were received on April 25, 1997,
and short listed as follows:
Spillis Candela and Partners, Inc.
VOA Assoicates, Inc.
Moyer Associates, Inc.
Staff is requesting authorization to negotiate a phased program for government
space as follows: Phase One: Program all County Offices (includes
Constitutional and State Offices). Phase One also includes Judicial and
Correctional space, review of the County's current space standards, central vs.
satellite facilities, analysis of existing space and redistribution of current space.
Phase Two includes recommendations for parking (decks) Physical Plant
requirements (chiller and electrical plant), underground utilities (fiber optics,
water, sewer, etc.) and establish costs for all associated recommendations.
Projections for both phases are current, 5, 10, and 15 years.
FISCAL IMPACT: Yet to be determined.
GROWTH MANAGEMENT IMPACT: None.
I MAY 2 7 1~7 I
Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners
authorize staff to negotiate a contract with the top seated architectural firm as
listed above for master space and facilities planning as described within this
summary and the attached exhibits.
PREPARED BY--DATE:
Skip Camp, CFM, Director
Department of Facilities Management
Steph/en Car~ell, Director
Purchasing Department
DATE: ,
APPROVED BY:
Leo'E. Ochs, Jr., A~inistrator
Support Serv/cesLDfvision
Rcaucsl for Proposals #g?-2658 /~.~'/L///,~ / -~' /z~ Paee 10
"GOVERNMENT CENTER PROJECTED
SPACE NEEDS' ASSESSMENT ANALYSIS"
BACKGROUND: Collier County Board of Commissioners may need to provide space for a new
Circuit Court and the accompanying court-related support offices in the not too distant future. In
addition, the Board of County Commissioners will have a need for additional office space to support
services provided to the residents of Collier County. The need for additional campus space
necessitates an approval of an application for a Development of Regional Impact (DRI) prior to the
State's sanction to Collier County for obtaining additional building permits for future buildings on
the campus. Information obtained from the Space Study will be included in the DRI application.
SCOPE OF SERVICES: The Collier County Board of County Commissioners are requesting
proposals from professional architectural/space planning organizations for the following services.
The assessment should include needs and requirements of all Board Offices and Departments, all
Constitutional Officers, all Court and Court-related offices and departments, and all others as
deemed necessary by the Contract Officer. As a minimum requirement, the Proposer must have
considerable experience in space planning, including but not limited to office space, support space,
correctional facilities including jail cells and support facilities, electrical and air conditioning plants,
and all other related type of space / facilities.
Total St~ace Pro~rammin~ Services: The selected firm will work closely with the Department of
Facilities Management to establish and determine space requirements for current and future space
and correctional needs. The firm shall conduct all interviews and document all information necessary
to construct total space assessment, addressing the following points:
· .Analysis of existing facilities and space;
· Construction ora space plan for current needs;
· Construction ora space plan for future years three, five and seven;
· Redistribution of space for economy;
· Best use of current vacant space;
· Best use for all County oxvned property including, but not limited to
the Main Government Complex and the Development Services Building.
All County property may be reviewed within this project. The Property
adjacent to the Main Government Complex may also be included;
· Potential development of additional floors on existing slzuctures and/or
development of new structures;
· Current and future needs relating to correctional facilities and support space
including but not limited to jail cells, support areas and Sheriff's
Office / Administrative space;
· Other space, construction cost estimates, and studies as directed by the Contract Officer;,
· Parking Decks; their justification, placement, estimated costs;
· Chiller/Electrical Plant expansion. (Chiller replacement schedule and
Ice Storage Expansion);
· Recommendations of communications utilities (fiber optic lines, cable, etc.);
· Review County's Space Standards and make recommendations;
· Review established cost per square feet for new construction and renovations
· and make recommendations;
· Recommendations for all undei'ground utilities (water, sewer, chilled water, others).
HAY 2 7
~g.~ :~
_ EXECUTIVE SUMMARY
RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS
SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY
QBJECTtVE: To authorize the sale and disposal of all surplus County-owned assets at the next
surplus auction which is scheduled for Saturday June 7, 1997.
CON$IDERATION~ Pursuant to the Purchasing policy, attached is an itemized list of surplus
property that has been transferred to the Purchasing Department. The Board of County
Commissioners has approximately 231 Lots slated for the auction, of which 24 pieces are heavy
equipment from Road & Bridge, 20 are fleet vehicles, and 10 are dump trucks.
The County has entered into a contract for a full-service auctioneer with a Jacksonville firm, First
Coast Auction & Realty, Inc. to provide comprehensive auctioneer services to include
preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer
and disposition of all property titles, This sale will be conducted pursuant to Section 274.06,
Florida Statute.
The items on the attached list are being offered for transfer to other departments prior to auction.
In an effort to dispose of additional surplus items received by the Purchasing Department prior to
the June 7, 1997 auction date, staff is requesting permission to dispose of additional non-asset
surplus items that may be received subsequent to the preparation of this Executive Summary at
the June auction. All items sold and their realized values will be reported in a follow-up
Executive Summary.
Staffhas received a request from the Naples Free-Net for the donation of 12 vax terminals.
Pursuant to Section 274.05, the County has the discretion to donate surplus property to private,
not-for-profit entities. Given that the terminals sell for less than $5 per unit, staff recommends
approval of the donation request.
FISCAL IMPACT: The net revenue received will be credited to the appropriate funds.
GROWTH MANAGEMENT IMPACT; None
RECOMMENDATION: That the Board of County Commissioners authorize the sale and
disposal of all surplus County-owned items as per the attached list.
Executive Summary
May 27, 1997
Page 2
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
~laire Oss, Purchasing Technician
Purchasing I~partm~nt
'~tcve-~ell, CS~vl, Director
Purchasing/General Services Dept.
Support Services D~.7
DATE:
DATE:
DATE:
FUND ITEM DESCRIPTION/SERIAL [ ASSET [ FROM
1001 910 Panasonic Copier not working Pollution Control
1002 495 1SM Computer 3 pieces Including keyboard 00871960 Airport AUtllority
1003 910 2 Tier gray able poor Facilities Mgt
1004 910 2 Drawer file cabinet ~ tan fair FacilltJes Mgt
1005 910 Cai Comp CAD Table 900504 Facilities Mgt
1006 910 10' x 12' x 6' file cabinet good Facilities Mgt
1007 910 3 cash drawers Library
1008 910 Cad Table Facilities Mgt
1009 910 Epson Printer FX-1050 910489 MIS
1010 910 Epson Printer FX-1050 881242 MIS
1011 910 VT420-C2 Terminal (amber) MIS
1012 910 VT420-C2 Terminal (amber) MIS
1013 910 VT320-C2 Terminal 891412 MIS
1014 910 VT420-C2 Terminal (amber) MIS
1015 910 VT320-C2 Terminal 891411 MIS
1016 910 VT420-C2 Terminal (amber) MIS
1017 910 VT320-C2 Terminal 881158 MIS
1018 910 v'r320-c2 Terminal 881144 MIS
1019 910 VT340-A2 Terminal (color) MIS
1020 910 VT340 G2 Terminal (color) MIS
1021 910 Dot Matrix Printer LATS-A2 MIS
1022 910 Dot Matrix Printer with keyboard LA100-BA MIS
1023 910 Dot Matrix Printer 8556 MIS
1024 910 Dot Matrix Printer 87749 MIS
~1025 910 Portable computer 87756 MIS
.026 910 Por):able Computer 87759 MIS
'1027 910 Minute man 250 890392 MIS
1028 910 DEC server 550 910195 MIS
1029 910 RS-232 Black Box Flber-MUX8 82884 MIS
1030 910 DEC server 100 DSRVA-AA 88413 MIS
1031 910 DEC server 100 DSRVA-AA 88108 MIS
~032 910 DEC server 100 DSRVA-AA MIS
1033 910 DEC server 100 DSRVA-AA MiS
1034 910 DEC server 100 DSRVA-AA MIS
1035 910 DEC server 100 DSRVA-AA MIS
1036 910 DEC server 100 DSRVA-AA MIS
1037 910 DEC server 100 DSRVA-AA MIS
1038 910 DEC repeater DEREP-RC MIS
1039 910 DEC repeater DEREP-RC MIS
1040 910 DEC repeater DEREP-RC MIS
1041 910 DEC server 100 DSRVA-AA 88411 MIS
1042 910 DEC server 100 DSRVA-AA MIS
1043 910 Bltallnk Translan IV M250V4414 MIS
1044 910 Codex Modem 910205 MIS
1045 910 VAX station 3100 900734 MIS
1046 910 VAX statton 3100 900732 MIS
1047 910 VAX station 3100 VS42A-DA 900731 MIS
1048 910 Vax station 3100 VS42A-BM 900733 MIS
1049 910 VAX station 3100 VS42A-DA 900730 MIS
1050 901 VAX station 4000 VS48K-CA 930624 MIS
1051 910 VAX station 4000 VS48K~.A 930623 MIS
1052 910 VAX station 3100 VS42A~W 910653 MIS
910 v'r 40 90o787 .,,;
HAY 2 7 1997
1054
1056
1057
1058
1059
1061
1062
1063
1064
1065
1067
FUND
910
910
ITEM DESCRIPTION/SERIAL__L_
Codex Modem
VT320-C2 Terminal
VT32(~C2 Terminal
VT320~72 Terminal
VT320-C2 Terminal
589
589
589
Vlonltor (amber3
Monitor (tri-star)
Monitor (Goldstar)
Printer
Dell Ultra Scan Monitor
589
589
)ell Intel Corn uter_~
novatlve com~
enex com~
)remlo com~
FROM
10204 MIS
MIS
891455 MIS
88282 MIS
~1143 qlS
OCPM
)CPM
OCPM
OCPM
OCPM
:PM
920543 OCPM
910308 OCPM
OCPM
OCPM
1068
1069
1070
1072
1075
1076
1077
1078
1081
1083
1085
)oards
( 25 ) Wooden Chairs
910 2) Wooden Chairs with arms
910 ~ble 6' x 4'
910 ( 11 ) Folding Chairs
910 Table 8' x 5'
Round Table wooden legs 4' diameter
ular Table 82' x 3'
910 Jlar Table 8' x 3'
910 t Jlar Table S' x 29'
910 (21) Small ~ chairs ~ colors
495 ~hine
495 ~Calculator
51-~--- J~rinter
910
~ 910
1087 408
1092 910
1094
1095
1096
1097
1098
1099
1100
1101
1103
1104
1105
1106
1107
1108
1109
1110
910
~to_~ tank aluminum
~lastlc
Printer stand
910
910
910
910
'~oldstar Monitor 14'
12) 12' flushing hydrants
TWO boxes of assorted PvC parts
~rlnter
~rlnter
Digital LA75 printer
~rlnter
910 Digital LA75prlnter
91o DOuble Keyboard Or,an
910 J DI~_~ Rainbow 100 ~
~eer Brush.Chi
101
101
1111 lOl
11'12 101
1113 101
j1980 Gallon T5OOC Motor Grader
~ ~l~otor Grad. er_
~ ~FG-7S Motor Grader
~ Athe_y__~8 Mobil .Sweeper
~ ~ 1550 ~ Drive R-"~-ber Tired BacKhoe
81010
910671
~20814
901187
15314
89O92O
88193
89392
88738
7O34
8S324
88391
88802
GGCC
GGCC
GGCC
GGCC
GGCC
GGCC
GGCC
;GCC
Authority__
~ort Author
DOR
DOR
Plant
uatic Plant
wastewater
water Dlst
Water OlSt
iter Dist
Review
Review
Review
Review
Review
Review
rks & ReC
Social Sen/~ces
Real Property
Road & Brld e__~g~.~
ROad &
ROad & 8ridL
& sr~ e._~._~
ROad & BrldL
Road & Bridge
& BddL
-I J
JJ~M FUN'-----~'~ ITEM DESCRIPTION/SERIAL I
FROM
1114 101 1986 JCB 140OB 4 Wheel Drive Rubber Tired Backhoe Extend a 87449 Road & Bridge
Hoe/Wain Roy Atl:achment
1115 101 1977 John Deere 401B Tractor 5951 ROad & Brldc)e
1116 ' 101 1977 John Deere 401B Tractor 5959 Road & Brldc~e
1117 101 1979 Ford 5600 Tractor 6432 Road & Bridge
1118 101 1979 Ford 6600 Tractor 6509 Road & Bridc~e
1119 101 1986 Ford 5900 Tractor 86612 Road & BridC;le
1120 101 1987 Ford 6610 Tractor 871832 Road & Bridc;ie
1124 101 1987 Ford 6610 Tractor 871834 Road & Bridge
1122 101 1988 Dresser 5145 Loader 88578 Road & Bridge
1123 101 1987 Ford F.7OO 5 CU. Yd. Dump Truck 87863 ~oad & BrtdC~e
1124 101 1987 Ford F-700 S CU. Yd. Dump Truck 87865 Road & Bridqe
1125 101 1987 Ford F-7OO 5 Cu. Yd. Dump Truck 87866 Road & Bridge
1126 101 1987 Ford F-700 5 CU. Yd. Dump Truck 890031 Road & Brid~le
1127 101 1989 Ford F-7OO 5 CU. Yd. Dump TrUCk 890032 Road & Bridc)e
1128 101 1989 Ford F-7OO S CU. Yd. Dump Truck 890033 ROad & Bridc)e
1129 101 1989 14' Flat Bed Crew Cab Dump 890045 Road & Bridge
1130 101 1989 14' Flat: Bed Crew Cab Dump 890046 Road & Bridge
1131 101 1991 14' Flat: Bed Crew Cab Dump 910001 ROad & Brldc~e
1132 101 G.M.C. I 1/2 Ton Truck with Dump Bed 862194 Road & Brid~e
1133 101 1985 Bush Hog 5' Mower Deck 85699 ROad & Bridc~e
'1134 101 1989 Bush HoC) 7' Mower DeCk 890762 ~oad & Bridc~e
1135 101 1993 Land Pride 7' Mower Deck 930284 ROad & Bridge
1136 101 1993 5 Misc Backhoe & HydrOscopic BuCketS 930284 ROad & Bridcje
1137 101 1997 John Deere 401-B Tractor 5952 Road & Bridge
IF 101 1979 Et~halt Distributor 6662 Road & Brld e~
~ 4--0-~---- 1986 GMC ~/4 Ton w/Utlli~ Bed 1GDGC34T6GS513128 90908 _86807 Utilities
1140 522 1989 Pontiac Boniville 4 Dr 1G2HXS4CXKW243254 75375 890003 Fleet Mgt
1141 522 1989 CheVy 3/4 Ton Pickup 1GCFC24ZSKE210752 55423 890034 Fleet Mgt
1142 522 1989 CheVy % Ton Pickup 1GCFC24Z2KE210613 890052 Fleet
1143 522 1989 CheVY Corsica 4 Dr 1G1LTS4WXKE226867 890019 Fleet Mgt
1144 522 1993 CheVy I/~ ton Pickup 1GCDC14ZOPE166121 930020 Fleet Mgt
1145 522 1989 CheVy Corsica 4 Dr 1G1LTS4W9KE218274 83847 890057 Fleet MCat
1146 522 1990 Chevy Cavalier 2 Dr 1G1JC14G2LJ224449 53696 900007 Fleet MCat
1147 522 1990 CheVY Cavalier 2 Dr IGIJC14G9LJ224142 56125 900014 Fleet Mgt
1148 522 1990 CheVy Corsica 4 Dr 1G1LTS4TgLY192684 900016 Fleet
1149 522 1990 Chevy Corsica 4 Dr 1G1LTS4T9LY192667 900019 Fleet
1150 522 1991 CheVy cavalier 4 Dr 1G1JCS4G9MJ171886 91931 910009 Fleet
1152 522 1991 CheVy Cavalier 4 Dr 1GIJCS4G3MJ171947 910014 Fleet Mcjt
1153 522 1991 Chevy Cavalier 4 Dr 1GILTS3T2MY144077 64618 910018 Fleet Mgt
1155 522 1991 Chevy 3/4 Ton PiCkup 1GCFK24ZME145232 72984 910028 Fleet MCjt
1156 522 1991 Chevy Cavalier 4 Dr 1G1JC4GaMJ184117 910027 Fleet MC)t
1157 522 1991 Chevy K 1/3 Ton PU 1GCDK14Z9MZ156632 114377 910032 Fleet MCat
1158 522 1991 Chevy Astro Van 1GNDM19ZOMB160734 910048 Fleet M~t
1159 521 Panasonic IO(-P44501 Laser Printer 930560 Fleet Mgt
1160 521 Panasonic KX-P44501 Laser Printer 910316 Fleet Mgt
1161 521 386 computer system 920133 Fleet MCat
1162 521 386 SX computer system 920663 Fleet Mcat
1164 521 (3) vvyse 150 Monitor Fleet MCat
1165 521 CTX 14' color monitor Fleet MCat
1166 521 Samsunc) Monlcrome Monitor 14' Fleet MCat
I 521 DI...~_I.I.I.I.I.I~L~I VT 150 Monitor Fleet Mg~ ~
1~1168 521 (2) ~T~ 12' Monitor
~ FUND ITEM DESCRIPTION/SERIAL t _[ ASSET t ~ FROM
1169 521 smart Max 1 ! ~3yJPhone Swltct~, - ~ ' F~eet
-1170 s21 -- (2) aatt~
Fleet
1171 521 (31 chairs 2 black 1 wood/blaCK Fl~t_~__
117---~-521 (71 Keyboards
1173 521 Bear A/C Recover~ Station 900823
117----~ 521 A/C Recovery Reclalmer 930469 Fleet_~~
117-----~ -~21 Duz.lt.all Pressure Cleaner 85092
117-'"'-~ -521 Portable Stair Fleet Mgt~
1177 521 Portable Stair FI~ t_~J_l_l_l_l_l_~~
1178 521 Stihl weedeater Fleet M t~
1179 521---~ John Deere Blower
F eet_LM_
1180 521 ~ Robin Weedeater Fleet Mgt
1181 521 Robin Weedeater
1182 521 Stihl Chainsaw 890161 Fleet MCjt
1183 521 ~ -Iomellte Pump Fleet M__~~
Fleet Mgt~
11~ 52---~------Homelite Pump_
118---~--- 521 OIf Ford F-7OO Transmission
118~ 521 Old Ford Bell Housing Fleet
1187 521 McLane Edger (wall( behind) Fleet M---~9~--~
~~ ~ Fleet Mgt ~
11~_.__L 521~ McLane Edger(walk behind) OCPM
1190 589 Hewlett Packard Deskjet 540 OCPM
1191 589 Z Toshiba Deslcto~ Machine Parks & Rec
1192_._~ 910 (9) Digital Monitors Parks & Rec
1193 910 (7) Keyboards
1196 910 computer & harddrlve 910354 Budget
1197 910 (2) keyboards Budget
119----8 910 (2) Executive chair Bud~let
i199 910 ~IISC office supplies in/out boxes Budget
12~ 91----0 -Electronlctelephone Am~
1201 910 Mouse s_~_ystems MIS
1202 910 __ 286 PC Mini-Tower Computer MIS
1203 910 386 PC Mini-Tower computer MIS
12~___~__~ 910 386 PC Mid-Tower computer MIS
1205____~_.__ 91___0 Co__~__puter Monitor MIS
1206 910 Glare Guard cover
~ -862074 MIS
1207 910 CRT Terminal
1208 910 CRT Terminal 83485 MIS
-- 821092 MIS
1~_~_910 CRT Terminal MIS
1210 910 CRT Terminal MIS
121---'~-910 CRT Terminal MIS
121----~ 910 (2) VT420 Keyboard
MIS __.._._.__
1214 910 Network Case ~ MIS
1215 '910 9-Track Tape Drive 891449 MIS
1216 910 Cash Register
121----~ 91--"~ ~-~--'~0 Printer Cover MIS
1---~8 -910 Dust cover for Printer BId~l Review
1219 910 HP Deskjet 500 MIS
1220 910 Roseman 3 Gan~l Reel Mower 91663 Parks & Rec
1221 910 Agrex Fertilizer spreader 940082 Parks & Rec
1222 910 Cushman Aereator Attachment 862780 Parks & Rec
1223 910 BObCat Rake 910318 Parks & Rec
12~:4_~ 910____~___ cherokee 21' E ul ment Trailer 94~___~ ~
MAY 2 1997
Pa.
FUND ITEM DESCRIPTION/SERIAL ~. ASSET ~ FROM
910 Cherokee 21' Equipment Trailer 9~071 Parks & Rec
910 Snowco Trailer 862104 Partes & Rec
1227 910 John Deere 626 AMT Cart 930066 Parks & Rec
1228 910 John Deece 626 AMT cart Pa[l~ & Rec
1229 910 Toro 3 Gan~ Reel Mower 862098 Parks & Rec
1230 910 JaCobsen DW224 Turf cat 72' Mower 88269 Patios & Rec
1231 910 JaCobsen DW220 Turf cat 72' Mower 86893 Parks & Rec
INTER-DEPARTMENTAL TRANSFER
ITEM FUND ITEM DESCRIPTION ASSET # FROM TO
1005 910 Cad Table Fac M~ CtC~C
1074 910 Round Table metal legs 3 ½" dia GGCC Animal
10SS 408 2 Fischer Gas burner Water Lab Pollut
10~9 408 3 Matheson propane I~as r~gulator Water Lab Pollut
1090 408 Hot Plate Water Lab Pollut
1091 408 Pipet~or/dilutor Wate~ Lab Pollut
1093 910 PC Industries 386 SX Tower Water D~ Animal
1102 910 Digital printer with storage cabinet Stormwater Animal
1163 521 Micronics Mpact 386 Notgbook Fleet Mgt Animal
1189 589 Computer Arm OCPM MIS
1194 910 4 Computer arms to hold v~ terminals Budget MIS
1195 ~) I 0 In/Out Board Budget Purch
EXECUTIVE SUMMARY
REQUEST BOARD APPROVAL TO PROCEED WITH AMENDING COUNTY
ORDINANCE NUMBER 93-65 TO REFLECT CHANGES IN STATE STATUTES.
OBJECTIVE: Request Board approval to proceed with amending County Ordinance
Number 93-65 to reflect changes in state statutes.
CONSIDERATIONS: Subsection 316.655(6) of Florida Statutes, enacted April 9,
1992, authorized counties participating in an Intergovernmental Radio Communications
Program (IRCP) approved by the State Division of Communications (DIVCOM) to
assess a $12.50 surcharge on each moving traffic violation. Funds generated by the
surcharge must be used to fund county participation in the IRCP. Collier County's 800
MHz system was approved by DIVCOM as an IRCP on July I, 1992.
On September 14, 1993 County Ordinance Number 93-65 was enacted to authorize the
collection of the $12.50 surcharge. Ordinance Number 93-65 also established criteria for
the collection, disposition, and use of funds generated by the surcharge.
The Florida Legislature by enactment of Chapter 96-350 on October 1, 1996 repealed
Subsection 316.655 (6), thereby repealing the $12.50 surcharge; and replaced Subsection
316.655 (6) with a new Subsection 318.21 (10). Subsection 318.21(10) mandates that
counties with an approved IRCP must allocate $12.50 from each moving traffic violation
fine to the IRCP.
The changes to State Statutes enacted by the Legislature, provides two alternatives to the
Collier County:
Repeal Ordinance Number 93-65 and continue allocation of $12.50 from each moving
traffic violation fine to the IRCP without criteria for collection, disposition and use of
said funds.
2. Amend Ordinance Number 93-65 to conform with the changes to State Statutes and
retain criteria for disposition of those funds.
The fine structure for moving traffic violations has already been modified by the Clerk of
Courts to comply with State Statutes. The proposed amendments to Ordinance N,.nnber
93-65 will bring the terms of the county ordinance governing collection and disposition
of the surcharge in compliance with state statutes.
The County Attorney's Office has reviewed the changes in state statutes and provided a
draft copy of the amended ordinance.
FISCAL IHPAC'I/GROWrlt HARMgEHIIlfI IHPACI: None.
PIA p ./2 7.1997 [I
RECOMMENDATION: It is recommended that the Boanl aulhorize staffto proceed to
amend Ordinance Number 93-65 and advertise same for public hearing. The proposed
amended ordinance is attached for Board Review.
PREPARED BY: ~ -~-'~
4o'ffn Daly, Radib"Communications Manager
REVIEWED BY:
William Coaldey, Info~n Technology Director
REVIEWED BY:
Leo O"~.hs,-Support ~[r]ices-- Administrator
~'~
MAY Z 7 mr !
~' '~ I
1
2
4
9
1o
11
12
13
14
15
17
19
2o
21
2~
23
24
2~
27
28
29
30
31
32
33
34
35
36
37
38
39
ORDINANCE NO. 97~
AN ORDINANCE OF COLLIER COUNTY, FLORIDA,
A2vIENDING ORDINANCE NO. 93-65 TO ACKNOWLEDGE
THE LEGISLATURE'S CESSATION OF THE
INTERGOVERNMENTAL RADIO COMMUNICATIONS
PROGRAM S12.50 MOVING VIOLATION SURCHARGE;
ALSO ACKNOWLEDGING MANDATORY USE OF $12.50
FROM EACH MOVING VIOLATION FINE FOR ~
COUNTY' S INTERG O VERNMENTAL RAJ) I O
CO1Vh-MU~CATIONS PROGRAM; CONTINUING 'I'KE 800
MEGAHERTZ INTERGOVERNMENTAL tLM)IO
COMNIUNICATIONS PROGRAM FUND ACCOUNT;
PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE
OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABrLITY; PROVIDING AN EFFECTIVE DATE.
WttEREAS, pursuant to Subsection 316.655(6), Florida Statutes, on
September 14, 1993, Collier County enacted Ordinance No. 93-65, to implement
collection of a $12.50 moving violation "surcharge" on each moving violation fine
collected by thc Clerk of Courts in Collier County; and
WttEREAS, Ordinance No. 93-65 established a 800 megahertz radio
communications program fund account in which to deposit receipts from the
$12.50 moving violation surcharges; and
'WttEREAS, effective October 1, 1996, the Florida Legislature, by
enactment of Chapter 96-350, General Laws of Florida, repealed former
Subsection 316.655(6), Florida Statutes, and repealed the 512.50 radio
communications program surcharges and concurrently enacted Subsection
318.21(10), Florida Statutes, requiring that $12.50 of each moving violation
collected by each County Court in Florida must be used b~ the respective Counr~
to fund that County's participation in its intergoverm'ramtal r~o commu~icatio~-s
program; and
WHEREAS, this Ordinance is to recognize ~ the S12.50 moving
violation "surcharge" has b~n discontinued, and ~o recogni~ and a~m-m
$12.50 from each moving violation mu-~ conlirme ~o be ~ ~ th~
County's IRCP Fund Accoun~ and;
WItEREAS, to clarify what action of tbe Board of County C~ is
required to take w approve expenditur~ of funds from th~ IRCP F~z~d
this Ordinance specifies that the Board's ~a:~mal anmml ~ a~a'oval _
I
authorizes expenditures from that Fund Account provided the expenditures are
within thc limits of thc Board's applicable ~mual budgetary approval.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMlViISSIONERS OF COLLIER COUNTY, FLORIDA that:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
SECTION ONE: AMENDMENTS TO ORDINANCE NO. 93-65. Ordinance
No. 93-65 is hereby amended to read as follows:
EACH MOVING VIOLATION INTO IRCP FUND ACCOUNT~ lh.u~ant to
Subsection ~!6.555 318.21(10), Florfda Statutes, in
~re '~' ~ ........ ~ ~ $12.50 ofsurc~=g: fer each mo~ng ~c ~olafion fine
~2~ golleeted by the Clerk of Cou~ in Collier Co~ shMl be deposited
~onthly into the Count's 800 ~z ~CP Fund AccounL
B. DISPOSI~ON OF ~S. In a~d~ti~
p~-~" by Count' ~"~g "~ ~ecfion 318.21~, Florida
Statute, ~ ~e Clgk of ~e Cir~it Co~ of Collier Co~ is
aU Z¢
~CP Fund Accost i IZS0 of ~ch mo~ng ~c ~olafion tint, ~d to ~in
mon~-t~mon~ r~or~ of~l ~~ collcct~
C. USE OF ~S. ~ ~ g~tcd by each ~512-50 fine
~ s~l ~ ~ o~y to ~d Colli~ Co~'s p~cipafion h i~ 800
mcgahcm hicrgov~l ~blic ~c~g~ radio co~icafions
pro~, ~ ~ ~Mg a Co~-~d~ 8~ ~ ~blic Safc~ T~d ~dio
System approved by ~ Com~fio~ Di~sion of
D~p~ent of Genial S~c~.
~1 proceeds ~om each ~ fine allocation s~l bc deposited
rc,,'cuuc 5cud account t~ E: ca!!:d ~ ~oun~'s "800 ~ ~CP Y~d Accosts"
~,,~a ~ ....... " ~y
Wor~ und~lined ~e ~ded; wor~ ~, d,~,,~ [ MAY 97
1
2
3
4
$
6
8
10
11
e~)r-es~ prior approval of the Board of County Commissioners w,=~,h_/afla~
the Board's annual budgetary, approval
SECTION TWO:
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
Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate
word.
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
SECTION Tt{REE: 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
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of
State.
of Collier County, Florida, this~
PASSED AND DULY ADOPTED by the Board of County Commissioners
day of ., 1997.
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
ATTEST:
DWIGHT BROCK, CLERK
BOARD OF COUNTY CO~X,~,'flSSIONERS
COLLIER COUNTY, FLORIDA
By:. By:
DEPUTY CLERK
TIMOTHY L. HANCOCK, CHAIRMAN
Approved as to form and legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
Word~ maderlined are added; word~ ~ are dele
A~a~I~DA ITEM_
ao.
MAY
Ch. 96-350
LAWS OF FLORIDA
Ch. 96-350
Section 48. Section 318.20, Florida Statutes, is amended to read:
20 Notification; duties of department--The det~artment shall prepare
- 3-t~SiC,,ation form to be appended to, or incorporated as _a_p_sx_t.of, th.e.~Flor.!_d_a
~"~ ..... . .. --~:~.; .... ~,! ~. nccordance with s. 316,650. The noculcauun
- Uml('.:m r. ra/nc ctta.,~,, ..............
form shall contain langua~;e informin~ persons charged with infractions to
which this chapter applies of the procedures available to them under this
chapter. Such notification shall contain a statement that, it' the official deter-
mines that no infraction has been committed, no costs or penalties shall be
im osed and any costs or penalties which have been paid shall be returned.
~ ~iform traffic citation that is oro<luced electronically must also include the
i~f~rmatj~P required bv this section.
Section 49. Subsections (4), (5), (6), (7), (8), (9), (10), (11), and (12) are
added to section 318.21, Florida Statutes, to read:
315.21 Disposition of civil penalties by county courts.~All civil penalties
received by a county court pursusmt to the provisions of this chapter shall be
distributed and paid monthly as follows:
4 Of the additional fine assessed under s. 31_8.18(3)(d~ for a viqlati_.on o!
s.~6.1301.40 nercent must be deposited into the Grants and Donati~n~ Trus~
]Fund 9[ the DiviMqn of Blind Services of the Department of Labor an,!
_EmploYment ~ecuritw, and 60 vercent must be distributed vursuant to subsec-
tions (1) and (2) of this section.
(5) Of the additional fine ass~s~ed under s. 318.18(3)(d) for a vlolaiion o[
s.-316.1303, 60 percent ~lutt be depo~iWd into the endowment fund for th,.
Florida Endo'~a~eIlt Foundation for V~cational Rehabilitation. and 40 percer!l_
_must be distributed oursuant to ~ubsections (1) and (2) of this section.
6 For every violation 9f s. 316.613 or s. :316.614. $5 will be deducted from
~ )' ' e altv assessed under this chaoter and devosited illto the tilpilevs'-
~heer~'~e~l ~I~r~st Fund established under s. 385.207. The remainder must b.,
_distributed vursuant to subsections (1) and (21.
7) Fqr fines assessed under ~, 318.18(3) for unlawful sveed, the followini
am~Our~t~ must be deducted and devosited i~to the lqongame Wildlife Trust.
Fund;
Fine;
For speed exceedinil the limit by;
~ .............................................. s .~
10-14 m.o.h ............................................. ~;
S 4.00_
1}-19 m.p.h ............................................. ~ 5.00_
~ ..................................... · ....... s~o.o~
;}0 m.v.h, a~d abov~l ......................................
The remaining amount must be distributed vursuant to sub~ections (1) and
(~ All moneys collected bY the clerk of the court for devosit into a state
trust fund must be sent monthly to the Deoartment of Hizhwav Safety and
Motor Vehicles for distribution. Such a submittal must be accomvanied by _
svecific accountinz of the amounts due each fund.
2022
Ch..e
rece~
_court
Flerlt
court!
mitte
mu!t_
9f ~
s~me_
in th;
r~suh
whetl
withi.'
be
~atio~
partit
enfor.
~the
other
lish~
distri
199'7
Ch. 96-350
LAWS OF FLORIDA
Ch. 96-350
· ku v' v' a' ' e w~ -
''a't u e ' t ~s'v' '
e'v ' ' s o ' ' ' a ~ v 't'
.~s 'a' v 't'
a for 'ut e ' v t H 'v ~ v-
~d'' to n ~nes ' e 'ye bv o tv
~ ed a' tot a u ' ~ v e' ' r ve-
to td/t'ctu d a v t aw I o 7 v h d
~ e' idit' wast ' t co e o -
mitte w'thina u '' alitv' tha county tw-t 'd o th a d e'-
~oat'onso t' a t a v d' aces
~~ ' ~ e o 'tt d 't ' a 'c' a'tv
~ utedtot u -- aitv e' t
e u v t t 'e ' ' t'
o ~ e_o~forfeit~ a s e ia ' ov t 't'ct c eared
· ?w ~ ' at el' a art ed t ' cf' t
a e te ut ~e 't a ~ 'v
· st v cl' 'v v v
cut 'a' 'c e u . ' tv
whet e or suc 'tat' w e' ue a ' v' lat' t at ed
wit' ' ' a'v 'a ' v ' ' . 7
w v o! a ~ tv c ~ '
V t ~ ' .... v -
eta a' 'a' a v .... -
ti ' '
a H t' ' o w
t a' and u be ' ' t ' ' ' e-
~ih the 'v~ at' u rt u tv if
v' at'o ~' ' ' c a da o v.~
a d't' na c ts and ur a o ~ o-
v'de . o .o .o ~ '
t I a '; ' v h v' '
e tio . a it' a a ur
v' t' av 'ac a ' h "'
2 trot' ' a' v a v ' 'tvv v '
ad %- t ~ 'v ' '
i es r u ' s ' - wv
t v ' v av ' '
a ' a .... v ' ' w '
ote ea' 'n a u s au 'e
ihd vt v ' v · u v ' ' 'v
r S' ~· °
2023
HAY 27
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND
EXECUTE THE SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES
OBJECTIVE: Recommendation that the Board of County Commissioners acknowledge full
payment and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend
Payment of Water and/or Sewer System Impact Fees.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Flodda as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County
Water/Sewer District of Collier County, Flodda, is the owner and holder of the Notice of Promise
to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees
(Agreement) executed by:
1.)
3.)
4.)
Gilbert L. Booth, securing the principal balance of $1,741.26 plus accrued interest.
Andrew William Gomez, secudng the principal balance of $1,260.05 plus accrued
interest.
John Caird Investments U.S. Inc., securing the principal balance of $5,425.10 plus
accrued interest.
Richard Vogel Trustee, securing the principal balance of $5,575.00 plus accrued
interest.
Full payment and satisfactions of these agreements have been made.
The County Attomey's Office has reviewed and approved the satisfactions.
FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in the County's
impact fee trust accounts to approximately $3,958,579.00.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of
these agreements and to surrender the same canceled, and to direct the Clerk of Circuit Court of
Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions
of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System
Impact Fees.
Executive Summary
Page 2
Agenda Date: May 27, 1997
..v,.w~ ~o~n ~o.~os~. O~r.~o~
Re e~e Services
Approved
by:~ :'
~-eo Ochs- j r,,, A(:~ni~trator
Support Service[~,..~"
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE
AND EXECUTE THE SATISFACTIONS OF CLAIM OF LIENS
~ Recommendation that the Board acknowledges full payment and executes
the Satisfactions of Claim of Liens.
CONSIDERATIONS; The Board of County Commissioners of Collier County, Florida as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
County Water/Sewer Distdct of Collier County, Florida, recorded the Claim of Liens in the
Office of the Clerk of the Circuit Court of Collier County, Flodda.
1.) Earl and Jo Ann Dunn, secudng the principal balance of $500.00 plus accrued
interest and penalties.
Full payment and satisfaction of these liens have been made.
The County Attorney's Office has reviewed and approved the Satisfactions of Claim of
Liens.
FISCAL IMPACT; Payment in full of these Claim of Liens increases the cash flow in the
County's impact fee liens account to approximately $211,143.00.
GROWTH MANA(~EMENT; None
RECQMMENDATION; Recommendation to acknowledge full payment and the satisfaction
of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit
Court of Collier County to cancel the same of record. Authorize the Chairman to execute
the Satisfactions of Claim of Liens.
HAY 27 1997
Executive Summary
Page 2
Agenda Date:
May 27, 1997
Cindy Long, Acc~3unting Tec~i~,ian
Revenue Services '
Reviewed by'~~'',~'~, ~
Rbv..~ u e Services
Approved
EXECUTIVE SUMMARY
RECOh, LMENDATION TO APPROVE AN EXTENSION OF THE AGREEMENT
BETWEEN THE BOARD OF COMMISSIONERS AND INSURANCE AND RISK
MANAGEMENT SERVICES, INC. FOR PROPERTY, LIABILITY AND WORKERS'
COM?ENSATION INSURANCE BROKERAGE SERVICES.
OBJECTIVE; To seek approval from the Board of Commissioners to extend the existing
agreement with Insurance and Risk Management Services, Inc. pursuant to the same terms,
conditions, and fees.
CONSIDERATIONS; On October 4, 1994 the Board of Commissioners entered into an
agreement with Insurance and Risk Management Services (IRMS) for Property and Casualty
insurance brokerage services. This agreement is set to expire on September 30, 1997, however,
it allows for a two year extension subject to the approval of the Board.
Under the agreement, IRMS is required to provide assistance to the Risk Management Director
regarding the development of the county's risk financing program, underwrite and market the
various lines of coverage and services sought, and provide additional technical assistance
regarding coverage, claims and contractual insurance issues. These services focus primarily on
the county's property, errors and omissions liability, general liability, contingent law exfforcement
liability, automobile, workers' compensation, crime, statutory accidental death, aircra~, airports,
public officials bonds and pollution insurance programs.
Total premiums for these programs, including self-insured retentions are approximately
$3,000,000 per year. IRMS is compensated through a fiat fee arrangement and all premiums are
quoted net ofcommission. The current fiat fee is $101,300 per year. This fiat fee arrangement is
advantageous to the county because compensation to the broker is capped at a fixed level. In a
high growth area such as Collier County, premium increases will result simply due to the growth
in the budget and the addition of new public facilities. In the absence ora fiat fee arrangement,
broker compensation would also increase commensurately through commissions paid. Thus,
the county saves money through the avoidance of commissions under a flat fee arrangement. It
is estimated that the county currently saves approximately $28,175 per year under this fiat fee
arrangement.
IRMS has proven to be an exceptional asset to the county's risk management program through
its access to markets and its knowledge of the insurance industry. IRMS' participation with
Collier County Government has been critical as regards the county's property insurance program
as IRMS has been able to maintain access to Crum & Forster Insurance Company, the county's
property insurance carrier, after Hurricane Andrew. This is very important because the number
of insurance carriers willing to afford property coverage since Hurricane Andrew has decreased
dramatically. Through IRMS, the county has been able to continue its relationship with Crum &
Forster with no loss of capacity and with stable rates, terms and conditions. It should also be
understood that the County has few alternatives to the Crum & Forster market and the role of
MAY 2 7
IRMS in obtaining Crum & Forster as its property carrier is very critical because it is unlikely
that C'rum & Forster would offer this properly insurance program to the County through another
agent.
During the summer of 1997, the Risk Manasement Department will be working with IRMS in
the marketing and evaluation oftbe county's property, liability, and workers' compensation
program. This is being done pursuant to the department workplan and the direction of the Board
of Commissioners to assure a competitive and cost effective program. The broker is an integral
part of this project and it is not recommended that broker selection be done at the same time that
program review is being completed. Therefore, it is recommended that the program review
process continue and that the broker selection process be delayed until the end of the current
contract extension which would occur in 1999.
It is recommended that the county extend the current agreement with IRMS for two additional
years, pursuant to the provisions of'the agreement and at the same terms, conditions, and fees as
found in the agreement. IRMS has agreed to this extension and the conditions of the extension.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACTs The fees charged under this contract total $101,300 per year. These fees
are $28,175 lower than Commissions that would normally be paid for the program. Over the
two year period of this agreement, this will translate into a savings of $56,350. Fees paid to
IRMS have not increased since October 1, 1994 and will continue throughout the term ofthis
extension.
Funds are budgeted under Fund 516-121650-645910 (reinsurance premiums) and Fund 518-
121630-631990 (other professional fees) for this purpose.
RECOMMENDATION; It is recommended that the Board approve a two year extension of the
agreement between Insurance and Risk Management Services, Inc. and the Collier County Board
of Commissioners at the same rates, terms, and conditions.
~alker, ARM
Risk Management Director
/ /
REVIEWED B y: "~'~ c.~- ~
Leo E. Ochs, Jr.
Support Services ~/ffministrator
4AY 2 7
· 1.
APPROVAL OF BUDGET AMENDMENTS
BCC AGENDA OF
Golden Gate Cgmmuniw Cent~
Capital Outlay
Operating Expense
Total
F..xolanafion:
Golden Gate Commuuity Center(130)
Budget Amendment 97-259
$4,000
¢4,000)
Funds are needed in capital to purchase a new phone system for the community center. The ~t system has been
determined to be insufficient by Information Technology.
General Fund (001).
Budget Amendment 9'7-270
~udge HaYe~
Operating Expens~ ($6,5OO)
Capital Outlay $6.500
Total
Exolanation:
Funds a~e needed to replacc outdated computer for the judicial misSaL Also, to ~ a mulfimed~ Notebook
for Judge Hayes' use. Ali judges in the circuit are required to have the ~,,,~. Also, Judge Hayes has re~-ived
special training in the utilization of a program entitled "Mediator 96" which will enable him to calculate support
(tax) finance i,a~es in family law cases while on the bench tryin& cases.
Judte Reeve
Capi~ Outlay
Total
General Fund (001)
Budget Amendment ~7-2Ti
(s],9~0)
$1.950
Money is needed to purchase a laptop computer which all judges in the Circuit are requi~d to haw..
AGENOA ITEM
MAY 2 7
pg. I
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORJ~SPONDENCE
MAY 2?, 1997
FOR BOARD ACTION.:
1. Certificate of Correction: as presented by the Property Appraiser's Office.
2. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 94-8804-MMA, 94-S803-MMA,
94-5898-MMA, 94-7710-MMA, 94-5018-MMA, 92-296-CFA, 92-598-CFA, 94-1554-
CJA, 96-10349-MMA, 96-7739-MMA, 97-1737-MMA, 97-1722-MMA, 96-738-CFA,
97-2655-MMA, 97-1960-MMA, 96-7165-MMA, 96-9903-MMA, 97-1708-MMA, 96-
2049-CFA, 96-5547-MMA, 96-8421-MMA, 96-8676-MMA, 96-9031-MMA, 96-6961-
MMA, 96-6947-MMA, 97-1817-MMA, 96-3407-MMA, and 96-400-CFA
3. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
4. Districts:
A. Port of the Islands Community Improvement District - March 20, 1997.
B. Heritage Greens Community Development District - January 23 and 31, 1997.
C. Lely Community Development District - March 19, 1997.
5. Minutes:
A. Affordable Housing Commission - April 21, 1997. Referred to BCC.
B. The Beach Renourishment/Maintenance Committee - April 3, 1997 and agenda
for May 1, 1997. Referred to BCC.
C. Citizens Advisory Task Force - November 12, ! 996. Referred to BCC,
D. Emergency Medical Services Advisory Council - April 2, 1997 and agenda for
May 7, 1997. Referred to BCC.
E. Environmental Advisory Board - April 2, 1997 and agenda for May 7, 1997.
Referred to BCC.
F. Golden Gate Beautification Advisory Committee - April 8, 1997 and agenda for
May 13, 1997. Referred to BCC.
Go
Golden Gate Estates Land Trust Committee - February 24, 1
1997. Referred to BCC.
No. /6,6.
HAY27 lgg'/
Pg.
Ko
Mo
No
Oo
Historical/Archaeological Preservation Board - April 11, 1997 and agenda for
May 9, 1997. Referred to BCC.
Marco Island Beach Renourishmem Advisory Committee - April 2, 1997 and
agenda for May 7, 1997. Referred to BCC.
Pelican Bay MSTBU Advisory Committee - April 2, 9, 1997, memo of 4/28/97,
to Pelican Bay Advisory Committee from James P. Ward reference bike path
lanes within the road right-of-ways on Pelican Bay Blvd. and Gulf Park Drive,
Pelican Bay Services Division - Clam Bay Restoration Fund - March 31, 1997,
January 16 - February 15, 1997 Pelican Bay Crime Report from Sheriff's Office
and agenda for May 7, 1997. Referred to BCC.
Planning Commission - March 20, 1997 and agenda for May 1, 1997. Referred to
BCC.
Teclmical Advisory Committee/Citizens Advisory Committee (TAC/CAC) of the
Naples Metropolitan Planning Organization - January 22, February 26, 1997 and
agenda for April 23, 1997. Referred to BCC.
Collier County Water and Wastewater Authority - February 24, 1997. Referred to
BCC.
Planning Commission - April 3, 9 and 15, 1997 and agenda for May 15, 1997.
Referred to BCC.
Library Advisory Board - February 26, ! 997 and Director's Report - February 21,
1997. Referred to BCC.